Notifications
Clear all

Help with a easement description

11 Posts
8 Users
0 Reactions
4 Views
(@lamon-miller)
Posts: 525
Registered
Topic starter
 

I need to write a description for a temp. work space easement for construction of a pipeline on the property of Holding US Inc. The easement is 15' wide for 4069' then widens to 45' for 100' then back to 15' for 1220.8' then back to 45' wide for another 100'. Line A-B is one tangent line and is the boundary line between Holdings and International then Holdings and Fertilizer. Below is what I have but I think it could be better, any ideas:

DESCRIPITON OF 15’ AND 45’ WIDE TEMPORARY EASMENTS BEING ALL ON THE RIGHT OR WEST SIDE OF LINE “A-B” SITUATED IN SECTION -------

Beginning with a 15’ wide easement at the intersection of the southern right of way of Hwy 30 and the boundary line between Holding US, Inc. and International Inc. designated by the letter “A” thence S 18° 06’ 45” W along said boundary line a distance of 4069.3’ to a point that begins a 45’ wide easement thence S 18° 06’ 45” W along the boundary line of Holding US, Inc. and International Inc. a distance of 100.0’ to a point that begins a 15’ wide easement thence S 18° 06’ 45” W along the boundary line of Holding US, Inc. and International Inc. then Holding US, Inc. and Fertilizer L.P. a distance of 1220.80’ to a point that begins a 45’ wide easement thence S 18° 06’ 45” W along the boundary line of Sabic Petrochemicals Holding US, Inc. and PCS Nitrogen Fertilizer L.P. a distance of 100.0’ to a point designated by the letter “B”, the point of terminus.

 
Posted : December 6, 2012 7:27 am
(@joe-f)
Posts: 471
Registered
 

I'd start out with the intent that the easement is to be entirely on the Holding US Inc property.

 
Posted : December 6, 2012 8:10 am
(@deleted-user)
Posts: 8349
Registered
 

Maybe you could look at the pipeline plans and make the description relative to those plans.

Rather than use line A-B, use the pipeline. That is what people are used to. So you commence at a corner, go to the centerline of the pipeline at station zz+zz.zz, thence along said pipeline the bearing and distance, being 7 fee on the West and 8 feet on the East to station ss+ss.ss, thence along said pipeline the bearing and distance, being 37 feet on the West and 8 feet on the East to station tt+tt.tt, and so on.....

 
Posted : December 6, 2012 8:30 am
(@jered-mcgrath-pls)
Posts: 1376
Registered
 

I agree to using stationing.

Describe the Centerline with stationing then you can simply reference the areas that are wider by station and offset.

Shoot me an email if you'd like an example.

 
Posted : December 6, 2012 8:37 am
(@holy-cow)
Posts: 25292
 

First things first.........it is not a DESCRIPITON.

 
Posted : December 6, 2012 8:58 am
(@lamon-miller)
Posts: 525
Registered
Topic starter
 

The pipeline will not be constructed on Holding property it will be on International and Fertilizer property.

 
Posted : December 6, 2012 9:01 am
(@ryan-versteeg)
Posts: 526
 

> I need to write a description for a temp. work space easement for construction of a pipeline on the property of Holding US Inc. The easement is 15' wide for 4069' then widens to 45' for 100' then back to 15' for 1220.8' then back to 45' wide for another 100'. Line A-B is one tangent line and is the boundary line between Holdings and International then Holdings and Fertilizer. Below is what I have but I think it could be better, any ideas:
>
>
> DESCRIPITON OF 15’ AND 45’ WIDE TEMPORARY EASMENTS BEING ALL ON THE RIGHT OR WEST SIDE OF LINE “A-B” SITUATED IN SECTION -------
>
> Beginning with a 15’ wide easement at the intersection of the southern right of way of Hwy 30 and the boundary line between Holding US, Inc. and International Inc. designated by the letter “A” thence S 18° 06’ 45” W along said boundary line a distance of 4069.3’ to a point that begins a 45’ wide easement thence S 18° 06’ 45” W along the boundary line of Holding US, Inc. and International Inc. a distance of 100.0’ to a point that begins a 15’ wide easement thence S 18° 06’ 45” W along the boundary line of Holding US, Inc. and International Inc. then Holding US, Inc. and Fertilizer L.P. a distance of 1220.80’ to a point that begins a 45’ wide easement thence S 18° 06’ 45” W along the boundary line of Sabic Petrochemicals Holding US, Inc. and PCS Nitrogen Fertilizer L.P. a distance of 100.0’ to a point designated by the letter “B”, the point of terminus.

Which side of the line is Holding US Inc? I am writing this as if they own on east of Line A-B. Here's my stab at it.

A strip of land, having a varied width, being a portion of Holding US Inc.'s land described in the deed..., the westerly line of said strip being described as follows:

Beginning at the intersection of the southerly right of way of State Highway 30 and the boundary line between Holding US Inc. and International Inc. described in said deed, said point hereinafter refered to as Point 'A'; thence along said boundary line South 18°06'45" West 4069.3 feet to a point hereinafter refered to as Point 'B'; thence continuing along said boundary line South 18°06'45" West 100.0 feet to a point hereinafter refered to as Point 'C'; thence continuing along said boundary line and along the boundary line between Holding US Inc. and Fertilizer L.P. as described in the deed recorded... South 18°06'45" West 1220.8 feet to a point hereinafter refered to as Point 'D'; thence continuing along the last said boundary line South 18°45'06" West 100.0 feet to a point hereinafter refered to as Point 'E' and the point of terminus of said westerly line.

Said strip being 15 feet wide between said Points 'A' and 'B' and between said Points 'C' and 'D'. Said strip being 45 feet wide between said Points 'B' and 'C' and between said Points 'D' and 'E'.

The easterly line of said strip shall be extended or shortened to terminate northerly in said southerly right of way line and southerly in a line passing through said Point 'E' having a bearing of North 71°53'15" West.

Add a plat also.

 
Posted : December 6, 2012 9:28 am
(@lamon-miller)
Posts: 525
Registered
Topic starter
 

Ryan they are on the west side of line A-B but I get the idea.

the last part of the descripiton which I did not include is

This description is based upon a plat made by -------PLS no.
titled “PROPOSED TEMPORARY PIPELINE EASMENT ACROSS THE PROPERTY OF --
------------------------------------------------

 
Posted : December 6, 2012 9:39 am
(@mightymoe)
Posts: 9920
Registered
 

I wouldn’t call it a temporary pipeline easement.
That implies that the pipe will be placed and then quickly removed.

I’d call it a temporary construction easement or a time limited construction easement.

Something like this:

The above described temporary construction easement contain 0.470 acres, more or less, and will become null and void at the time that the project contractor's one year contractual warranty expires.

Although you need to run that by your client.

 
Posted : December 6, 2012 12:58 pm
(@lamon-miller)
Posts: 525
Registered
Topic starter
 

I don't call it anything but a temp easement. I supply the plat and description, the attorney will supply the correct wording for the rest of the document.

 
Posted : December 6, 2012 1:47 pm
 jud
(@jud)
Posts: 1920
Registered
 

Temporary Construction Easement with the location and the date of owners right to regain the full use of his property well defined.
jud

 
Posted : December 6, 2012 2:06 pm