client is the the first potential?ÿvict, er, subdivider subject to this recently required nugget of genius from one of our local overachieving hamlets.?ÿ (btw, if i were to ever write a book called: "how to f*&k up a perfectly nice little town" i think i'd use this place as the case study.)?ÿ this is gonna be an interesting review process.
this is now supposed to appear on all plats filed within the city limits or etj.?ÿ
The perpetual easement, right-of-way, rights, and privileges herein granted shall be used for the purposes of
location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair,
rebuilding, removal, and patrol of utilities and associated facilities including but not limited to: pipes, valves,
vaults, manholes, channels, inlets, structures, access facilities, conduits, appurtenances, and any necessary
accessories thereto (collectively the "Facilities").
This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the
hereinabove described property to the extent, and only to the extent, that the same may still be in force and
effect and shown of record in the office of the County Clerk of Williamson County, Texas or Travis County,
Texas.
Except as otherwise noted, the easement, rights, and privileges herein granted shall be perpetual, provided
however that said easement, rights, and privileges shall cease and revert to Grantors in the event the utilities
are abandoned or shall cease to be in operation, for a period of five (5) consecutive years.
The perpetual easement, right-of-way, rights, and privileges granted herein are exclusive, and Grantor
covenants not to convey any other easement or conflicting rights within the premises covered by this grant,
without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee
shall have the right to review any proposed easement or conflicting use to determine the effect, if any, on the
Facilities contemplated herein. Prior to granting its consent for other easements, Grantee may require
reasonable safeguards to protect the integrity of the Facilities thereon.
Grantor further grants to Grantee:
(a) the right to install additional Facilities on the Easement Tract;
5
(b) the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading
into and onto the land along and outside the easement to such extent as Grantee may find reasonably
necessary;
(c) the right of ingress to and egress from the easement over and across Grantor's property by means of
roads and lanes thereon, if such exist; otherwise by such route or routes as shall occasion the least
practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall
not extend to any portion of Grantor's property which is isolated from the easement by any public
highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and
egress includes the right of the Grantee and assigned employees of Grantee to disassemble, remove, take
down, and clear away any fence, barricade, or other structure which obstructs, prevents, or hinders
Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so
disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee
shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as
reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision,
unless said fence, barricade, or other structure is inconsistent with the rights conveyed to Grantee herein;
(d) the right of grading for, construction, maintaining and using such roads on and across the property as
Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to
property adjacent to the easement;
(e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or
hereafter on the easement and to trim and to cut down and clear away any trees on either side of the
easement which now or hereafter in the opinion of Grantee may be a hazard to any pipeline; valves,
appliances, fittings, or other improvements by reason of the danger of falling thereon or root
infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder;
provided however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for
timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse
wood shall be burned or removed by Grantee;
(f) the right to mark the location of the easement by suitable markers set in the ground; provided that such
markers shall be placed in fences or other locations which will not interfere with any reasonable use
Grantor shall make of the easement;
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do
to Grantors private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall
be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or
omission of Grantee's agents or employees in the course of their employment.
It is understood and agreed that any and all equipment placed upon said property shall remain the property of
Grantee.
Grantor hereby dedicates the easement for the purposes stated herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns,
forever, together with all and singular all usual and customary rights thereto in anywise belonging, and together
with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of
constructing or maintaining said utilities and for making connections therewith, and Grantor does hereby bind
itself, it's successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
Sorry, could not get myself to read the whole thing.?ÿ My eyes started to glaze over.
Licensed Land Surveyor
Finger Lakes Region, Upstate New York
Lol.?ÿ Can you do that in super ultra fine print??ÿ Like .00000001.?
Lol.?ÿ Can you do that in super ultra fine print??ÿ Like .00000001.?
well, i'm about to find out how willing the client is to let me go in and "discuss" this with their planning dude.?ÿ wouldn't be the first time he and i have talked about the wisdom of urban planners and civil engineers trying to dictate the content of information on a surveying document.
on a side note, i'll be launching my "why benchmarks don't belong on subdivision plats" speaking tour in the coming months.?ÿ (i'm actually considering doing this- one local town very close to the one who prompted this thread now wants multiple benchmarks with x/y/z data in "state plane" on all plats.)?ÿ these GIS/planning grad schools (who are flooding local municipality payrolls) are getting a little too big for their trousers, imo.
I just finished a survey for two commercial properties and on one of them the clients lawyer had drafted up a nearly 200 word disertation for some excavation that was to take place.
I told my client I follow the KISS principal to Keep it Simple Stupid and rewrote the lawyer legalese into "hatched area depicts where dirt is to to be removed"
It got recorded today.
I'm surprised they didn't specify the size of torx head screws to be used in the fence boards so the city maintenance guys can expeditiously remove said boards.
Why on Earth does this name two counties as having some degree of control over everywhere this (supercalifragilisticexpialidosciously long) dissertation is to be inserted?
client is the the first potential?ÿ
vict, er, subdivider subject to this recently required nugget of genius from one of our local overachieving hamlets.?ÿ (btw, if i were to ever write a book called: "how to f*&k up a perfectly nice little town" i think i'd use this place as the case study.)?ÿ this is gonna be an interesting review process.this is now supposed to appear on all plats filed within the city limits or etj.?ÿ
The perpetual easement, right-of-way, rights, and privileges herein granted shall be used for the purposes of
location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair,
rebuilding, removal, and patrol of utilities and associated facilities including but not limited to: pipes, valves,
vaults, manholes, channels, inlets, structures, access facilities, conduits, appurtenances, and any necessary
accessories thereto (collectively the "Facilities").
This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the
hereinabove described property to the extent, and only to the extent, that the same may still be in force and
effect and shown of record in the office of the County Clerk of Williamson County, Texas or Travis County,
Texas.
Except as otherwise noted, the easement, rights, and privileges herein granted shall be perpetual, provided
however that said easement, rights, and privileges shall cease and revert to Grantors in the event the utilities
are abandoned or shall cease to be in operation, for a period of five (5) consecutive years.
The perpetual easement, right-of-way, rights, and privileges granted herein are exclusive, and Grantor
covenants not to convey any other easement or conflicting rights within the premises covered by this grant,
without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee
shall have the right to review any proposed easement or conflicting use to determine the effect, if any, on the
Facilities contemplated herein. Prior to granting its consent for other easements, Grantee may require
reasonable safeguards to protect the integrity of the Facilities thereon.
Grantor further grants to Grantee:
(a) the right to install additional Facilities on the Easement Tract;
5
(b) the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading
into and onto the land along and outside the easement to such extent as Grantee may find reasonably
necessary;
(c) the right of ingress to and egress from the easement over and across Grantor's property by means of
roads and lanes thereon, if such exist; otherwise by such route or routes as shall occasion the least
practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall
not extend to any portion of Grantor's property which is isolated from the easement by any public
highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and
egress includes the right of the Grantee and assigned employees of Grantee to disassemble, remove, take
down, and clear away any fence, barricade, or other structure which obstructs, prevents, or hinders
Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so
disassemble, remove, take down, or clear away any such fence, barricade, or other structure, Grantee
shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as
reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision,
unless said fence, barricade, or other structure is inconsistent with the rights conveyed to Grantee herein;
(d) the right of grading for, construction, maintaining and using such roads on and across the property as
Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to
property adjacent to the easement;
(e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or
hereafter on the easement and to trim and to cut down and clear away any trees on either side of the
easement which now or hereafter in the opinion of Grantee may be a hazard to any pipeline; valves,
appliances, fittings, or other improvements by reason of the danger of falling thereon or root
infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder;
provided however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for
timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse
wood shall be burned or removed by Grantee;
(f) the right to mark the location of the easement by suitable markers set in the ground; provided that such
markers shall be placed in fences or other locations which will not interfere with any reasonable use
Grantor shall make of the easement;
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do
to Grantors private roads or lanes on the lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall
be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or
omission of Grantee's agents or employees in the course of their employment.
It is understood and agreed that any and all equipment placed upon said property shall remain the property of
Grantee.
Grantor hereby dedicates the easement for the purposes stated herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns,
forever, together with all and singular all usual and customary rights thereto in anywise belonging, and together
with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of
constructing or maintaining said utilities and for making connections therewith, and Grantor does hereby bind
itself, it's successors and assigns and legal representatives, to WARRANT AND FOREVER DEFEND, all and
singular, the said easement and rights and interests unto the City of Round Rock, Texas, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
I??d say the length of that certification is directly proportional to the size of someone??s student loan debt.....
Why on Earth does this name two counties as having some degree of control over everywhere this (supercalifragilisticexpialidosciously long) dissertation is to be inserted?
Ok I googled it- round rock lies across the county line- brilliant
That's just stupid. ?ÿMight as well be in two States.
Isn??t Round Rock the town in Blazing Saddles- if not it should be.
In Oklahoma we would almost consider that easement a warranty deed....
Boilerplate tends to expand every time a situation crops up that isn't addressed by existing boilerplate:?ÿ the controlling entity gets burned ("Well, we didn't anticipate that") and adds another set of clauses to avoid repeating the same mistake.?ÿ After a few decades you end up with a bloated document, but no one wants to go to the time and expense of condensing it into a more compact and comprehensible format.
Leaving out the fine details works great until someone sees a loophole and exploits it.?ÿ That's when the word count starts to climb.
?ÿ
Looks like he got all of that one, Bob.?ÿ
Another benefit of down-sizing/ out-sourcing technical acumen in the name of 'fiscal responsibility'? In some places it's taken decades to bleed through. Not sure it could be reversed. ?ÿ
Just keep skim-coating with diplomas, it'll eventually look ok. Or the people that remember the actual issue will be dead. Either way.?ÿ
Why on Earth does this name two counties as having some degree of control over everywhere this (supercalifragilisticexpialidosciously long) dissertation is to be inserted?
Ok I googled it- round rock lies across the county line- brilliant
it's annexed parts of travis county, but then again austin has parts of williamson (and hays) county in its jurisdiction too.?ÿ leander, cedar park, and pflugerville as well.?ÿ it's a big cross-county orgy around here.
here's a 25-year old song that's actually about austin (as if there's a shortage...)- never saw the video for this.?ÿ this was the (lack of a) skyline that existed when i moved here.
Here in Weld County, Colorado the planning department added so many notes that it turned a simple one page plat into two pages every time now.?ÿ Couldn't notes like these be filed as a separate document like a Development Agreement, or Covenants, or something instead of being on the face of the plat??ÿ Would make life and drafting much easier.
As to the original post, are the statutes regarding road laws written on street signs?
It would be fun to see what's written on the back of speed limit signs.
Stuff like this should be reserved for deeds of restriction that get recorded just before the filing of the plat map.
I see this a lot with conservation easement requirements and restrictions
I have found many recorded drawings that had typed pages on file as attachments.
When documents are stapled together, they are considered to be recorded together.
If they want all that they should draft, sign and record a separate deed.?ÿ Then reference it on the plat.?ÿ There is nothing magical about a plat that it needs to have every thing imaginable written on it.?ÿ You could reference a recorded bible on the plat if you wanted to.?ÿ The purpose of the plat is a reference to the boundary math so so can deed a lot by number and such.?ÿ Paper documents of many pages can be recorded and referenced to by the plat.?ÿ Cover what ever crazy ideas they have in a separate document, don't make a three lot subdivision a 10 page plat.
I agree with paden-cash,
My eyes also began to glaze over, almost missed these gems,
The perpetual easement, right-of-way, rights, and privileges granted herein are exclusive, and Grantor?ÿcovenants not to convey any other easement or conflicting rights within the premises covered by this grant,?ÿwithout the express written consent of Grantee,
WARRANT AND FOREVER DEFEND, all and?ÿsingular, the said easement and rights and interests unto the City of Round Rock, Texas, its successors and?ÿassigns, against every person
exclusive and assigns are two easement conditions most attorneys I deal with would counsel against.?ÿ Basically this sounds like a fee conveyance of the area of the easement.?ÿ You have conveyed to the grantee exclusive control of the area and the the right to convey to assigns, all with warranty covenants.?ÿ ?ÿWhy?
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