RIGHT-OF-WAY EASEMENT (Rev. 05/14/01)

 

THE STATE OF TEXAS                          *                      

                                                            *           KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF _________________           *

 

THAT_____________________________________________________________________________________

whose mailing address is ______________________________________,___________________County, Texas,

hereafter called "Grantor", whether one or more for good and valuable consideration, and in consideration of the advantages which will accrue to Grantor by the construction of electric transmission and/or distribution lines or system hereinafter described, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto CHEROKEE COUNTY ELECTRIC COOPERATIVE ASSOCIATION, a Corporation, P.O. Box 257, Rusk, Texas, 75785, and to its successors or assigns, hereinafter called "Grantee", an easement and right-of-way for electric transmission and/or distribution lines or system, consisting of variable number of wires, circuits, poles, guys, and all necessary or desirable appurtenances; at or near the location in and along the general course now located and staked out by said Grantee, over, across, and upon Grantor's land in the ____________________ Survey, Abstract No. _________, _____________________________County, Texas, more particularly described in a deed from _________________________________________________to_______________________________________________________ dated ___________________, 20_____, recorded in Volume _______, Page______, of the Land/Deed Records of said county. For overhead pole line distribution system,  said easement and right-of-way granted being 30 feet wide, being 15 feet on each side of the center line thereof. For underground line distribution system, said easement and right-of-way granted being 10 feet wide, being 5 feet on each side of the center thereof.  Said easements and right-of-way is more particularly described as follows, to wit:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Grantee, its successors and assigns, is hereby expressly given and granted the right to assign this easement and right-of-way, or any part thereof, or interest therein.

 

Grantee shall have all other rights and benefits necessary and convenient for the full enjoyment or use of the rights herein granted, including, but without limiting the same to, the right to erect, place, construct, operate, repair, maintain, relocate, and replace poles, variable number of wires, circuits, single or multiple guy anchorages and all other necessary or desirable appurtenances for electric transmission and/or distribution lines or system along the course of said right-of-way described hereinabove, together with the right of ingress and egress for the purpose of constructing, improving, inspecting, maintaining, operating and removing said lines and appurtenances; and the right to relocate said lines in the same relative position to any adjacent road, if one exists, if and when said road is widened in the future.  Grantee shall likewise have the right at any and all times to cut, trim, otherwise destroy, and keep clear of said lines and appurtenances all trees, shrubs, and other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the proper maintenance and operation of said lines.  BY AFFIXING HIS SIGNATURE HEREINBELOW, GRANTOR EXPRESSLY ACKNOWLEDGES AND AGREES THAT GRANTEE SHALL HAVE THE RIGHT TO CUT TO THE GROUND ALL DEAD, WEAK, LEANING, OR DANGEROUS TREES THAT ARE TALL ENOUGH OR IN SUCH CLOSE PROXIMITY AS TO ENDANGER OR INTERFERE WITH THE PROPER MAINTENANCE AND OPERATION OF SAID LINES.  THIS RIGHT SHALL NOT ONLY ACCRUE TO GRANTEE WITHIN THE DESCRIBED EASEMENT, BUT SHALL ALSO EXTEND OUTSIDE OF THE HEREINABOVE DESCRIBED EASEMENT AND RIGHT-OF-WAY WHICH, IN THE SOLE JUDGMENT OF GRANTEE, ENDANGERS OR MAY INTERFERE WITH THE PROPER MAINTENANCE AND OPERATION OF SAID LINES AND APPURTENANCES.  Any timber that is cut by Grantee that has commercial or marketable value may be salvaged by Grantor at Grantor's discretion and expense.  Grantee agrees to exercise prudent and sound judgment and discretion in removing any trees which may likewise interfere with Grantor's use and enjoyment of his property.  Grantor shall not make changes in the grade, elevation, or contour of the land, or construct buildings, structures, pools, lakes, ponds, or other improvements on the land which would interfere with the exercise by Grantee of the rights herein granted, unless Grantor shall have obtained the prior written consent of Grantee.

 

The undersigned Grantor, his heirs or assigns, reserves the right to fully use and enjoy said premises except as the same may be necessary for the purposes herein granted.  Likewise, Grantee shall locate the lines and appurtenances in such a manner as to pose the least possible interference to Grantor's use and enjoyment of said premises, SO LONG AS IT DOES NOT MATERIALLY INCREASE THE COST OF CONSTRUCTION.

 

Grantor agrees that all poles, wires, circuits, other facilities, and appurtenances, including any main service entrance equipment, installed on the above described easement and right-of-way by Grantee, at Grantee's expense, shall remain the property of Grantee, removable at the option of Grantee upon termination of service to or on said property described hereinabove.

 

Grantor covenants that he is the owner of the above described lands, and that said lands are free and clear of encumbrances and liens of whatsoever character except those held by the following persons:

 

 

 

 

TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned or until such time as Grantee ceases to use said easement and right-of-way for electric transmission and/or distribution lines or system purposes.

 

And Grantor does hereby bind himself, his heirs, legal representatives, and assigns to warrant and forever defend, all and singular the above described easement and the rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.

 

The easements, rights and privileges granted herein are exclusive, and Grantor covenants that he will not convey any other easement or conflicting rights within the area covered by this easement and right of way.  Further Grantee shall have the right to prevent the construction of any buildings, structures, or other obstructions which may injure, endanger, or interfere with the efficiency, safety, proper maintenance, and operation of said electric transmission and/or distribution lines or system and appurtenances

 

It is further understood that, whenever necessary, words used in this instrument in the singular shall be construed to read in the plural, and that words used in the masculine gender shall be construed to read in the feminine.

 

IN WITNESS WHEREOF, this instrument is executed this ________day of ______________________, 20______.

 

 

 

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Witness:

_______________________________________________

 

 

 

 

 

 

 

STATE OF TEXAS

COUNTY OF ________________________

 

This instrument was acknowledged before me on the _________day of _______________________, 20_____, by

 

__________________________________________________

 

 

_____________________________________________

 

Notary Public, State of Texas

 

 

STATE OF TEXAS

COUNTY OF ________________________

 

This instrument was acknowledged before me on the _________day of _______________________, 20_____, by

 

__________________________________________________

 

 

_____________________________________________

 

Notary Public, State of Texas