Form Fmha-Tx 442-9 United States printable pdf download

Form RD-TX 442-9

(Rev 6-06)

UNITED STATES DEPARTMENT OF AGRICULTURE

Rural Utilities Service

RIGHT-OF-WAY EASEMENT

(General Type Easement

)

KNOW ALL MEN BY THESE PRESENTS, that ____________________________________

(hereinafter called "Grantors"), in consideration of one dollar ($1.00) and other good and valuable

consideration paid by ____________________________________________ (hereinafter called

"Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell,

transfer, and convey to said Grantee, its successors, and assigns, a perpetual easement with the right to

erect, construct, install and lay and thereafter access and use, operate, inspect, repair, maintain, replace,

upgrade, parallel and remove water distribution and/or sewer collection lines and appurtenances, over and

across _________ acres of land, more particularly described in instrument recorded in Vol._____, Page

_____, Deed Records, _______________ County, Texas, together with the right of ingress and egress

over Grantor's adjacent lands for the purpose for which the above mentioned rights are granted. The

easement hereby granted shall not exceed 15' in width, and Grantee is hereby authorized to designate the

course of the easement herein conveyed except that when the pipeline(s) is installed, the easement herein

granted shall be limited to a strip of land 15' in width, the center line thereof being the pipeline as

installed.

Grantee shall have such other rights and benefits necessary and/or convenient for the full

enjoyment and use of the rights herein granted, including without limitation, (1) the reasonable right of

ingress and egress over and across lands owned by Grantor which are contiguous to the easement; (2) the

reasonable right from time to time to remove any and all paving, undergrowth and other obstructions that

may injure Grantee's facilities and appurtenances or interfere with the construction, maintenance,

inspection, operation, protection, repair, alteration, testing, replacement, upgrading, relocation (as above

limited), substitution or removal thereof; and (3) the rights to abandon-in-place any and all water supply

and/or sewer distribution lines, service lines and associated appurtenances, such that Grantee shall have

no obligation or liability to Grantor, or their successors or assigns, to move or remove any such

abandoned lines or appurtenances.

In the event the easement hereby granted abuts on a public road and the county or state hereafter

widens or relocates the public road so as to require the relocation of this water and/or sewer line as

installed, Grantor further grants to Grantee an additional easement over and across the land described

above for the purpose of laterally relocating said water and/or sewer line as may be necessary to clear the

road improvements, which easement hereby granted shall be limited to a strip of land 15' in width, the

center line thereof being the pipeline as relocated.

The consideration recited herein shall constitute payment in full for all damages sustained by

Grantors by reason of the installation of the structures referred to herein and the Grantee will maintain

such easement in a state of good repair and efficiency so that no unreasonable damages will result from its

use to Grantor's premises. This Agreement together with other provisions of this grant shall constitute a

covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantors

covenant that they are the owners of the above described lands and that said lands are free and clear of all

encumbrances and liens except the following:

_____________________________________________________________________________________

Form Fmha-Tx 442-9 United States

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