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flyin-solo · 2018-12-28T02:52:00Z

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.?ÿThe perpetual easement, right-of-way, rights, and privileges herein granted shall be used for the purposes oflocation, 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 necessaryaccessories thereto (collectively the "Facilities").This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to thehereinabove described property to the extent, and only to the extent, that the same may still be in force andeffect 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, providedhowever that said easement, rights, and privileges shall cease and revert to Grantors in the event the utilitiesare 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 Grantorcovenants 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. Granteeshall have the right to review any proposed easement or conflicting use to determine the effect, if any, on theFacilities contemplated herein. Prior to granting its consent for other easements, Grantee may requirereasonable 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 gradinginto and onto the land along and outside the easement to such extent as Grantee may find reasonablynecessary;(c) the right of ingress to and egress from the easement over and across Grantor's property by means ofroads and lanes thereon, if such exist; otherwise by such route or routes as shall occasion the leastpracticable damage and inconvenience to Grantor; provided that such right of ingress and egress shallnot extend to any portion of Grantor's property which is isolated from the easement by any publichighway or road now crossing or hereafter crossing the property; the foregoing right of ingress andegress includes the right of the Grantee and assigned employees of Grantee to disassemble, remove, takedown, and clear away any fence, barricade, or other structure which obstructs, prevents, or hindersGrantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to sodisassemble, remove, take down, or clear away any such fence, barricade, or other structure, Granteeshall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition asreasonably 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 asGrantee may deem necessary in the exercise of the right of ingress and egress or to provide access toproperty 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 orhereafter on the easement and to trim and to cut down and clear away any trees on either side of theeasement 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 rootinfiltration 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 fortimber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refusewood 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 suchmarkers shall be placed in fences or other locations which will not interfere with any reasonable useGrantor shall make of the easement;Grantee hereby covenants and agrees:(a) Grantee shall not fenc...

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Posted by: jmcnicholspls

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?

?ÿ

They should take it full in FEE since they want it all.

Posted : December 31, 2018 8:19 pm

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