UTILITY EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF ________________ §
That ___________________________________________________________________________________________________
______________________________________________________________________________________________________________
of the County of _______________, State of Texas, hereinafter called "Grantor" (whether one or more), for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does hereby grant, transfer, assign and convey unto UNITED ELECTRIC
COOPERATIVE SERVICES, INC., a Texas corporation having its principal office at 3309 N. Main, Cleburne, Texas, 76031, and to its
successors and/or assigns, hereinafter called "United," a perpetual continuous easement and right-of-way (the "Easement") for the purpose
of placing, constructing, installing, inspecting, improving, operating, reconstructing, repairing, maintaining, replacing, relocating, changing the
configuration of, modifying in size, number, operating capacity or otherwise and removing utilities and utility services (including but not limited
to electric distribution and data communications) and any and all related equipment, devices, appliances, and other property (including but
not limited to poles, transmission, distribution, and other facilities and equipment, variable numbers of wires, lines, cables, surface mounted
equipment, meters, conduits, manholes, vaults, transformers, switches, and sectionalizing devices) as they now exist or shall be hereinafter
installed, including all appurtenances, attachments, and related acts deemed by United to be necessary and/or desirable for its operation,
over, under, across and upon Grantor’s land, said land being situated in the
________________________ Survey, Abstract No. __________, ____________________ County, Texas, containing _______________
acres, more particularly described in deed ______________ from __________________________________________________________
to ____________________________________________________________________________________________________________
dated ________________, __________, and recorded in Volume ____________, Page __________ of the Deed Records of said County.
When the said equipment, devices, appliances and other property is/are installed as designated by United, the Easement herein
granted shall be limited to a strip of land thirty (30) feet in width, with the center line thereof being the center of the line(s) and other equipment,
devices, appliances and property as installed. Notwithstanding any other provision to the contrary, in addition to the strip of land thirty (30)
feet in width located as specified in this paragraph, United shall have the right as part of the Easement to use at any time as much of the
surface of the land of Grantor adjacent to such strip of land thirty (30) feet in width as may be reasonably necessary for United to enjoy the
benefits of the Easement and/or to exercise its rights with respect to the Easement.
United (and its designees) is hereby granted as part of the Easement, (a) the right of pedestrian and vehicular ingress and egress
over, across and upon said land for the purpose of placing, constructing, installing, inspecting, improving, operating, reconstructing, repairing,
maintaining, replacing, relocating, changing the configuration of, modifying in size, number, operating capacity or otherwise and removing
the said utility(ies) and/or utility service(s) and related equipment, devices, appliances, and other property, as well as reading any meter and
performing any act related to the utility(ies) and/or the utility service(s); (b) the right (but not the obligation) to relocate said utility(ies), utility
service(s) and related equipment, devices, appliances and other property in the same relative position to any adjacent road, if the same is
widened in the future; (c) the right (but not the obligation) to trim, remove, or chemically treat with herbicide any trees and other foliage located
thereon which might, in the judgment of United, damage or interfere with the operation of any permitted utility(ies), utility service(s) or related
equipment, device, appliance and/or other property or otherwise be preferable; and (d) the right (but not the obligation) to prevent the
construction or placement within the Easement herein granted of any buildings, materials, structures or other obstructions which may, in the
sole judgment of United, endanger or interfere with United’s use of this Easement or the efficiency, safety or convenient operation of said
utility(ies), utility service(s), or related equipment, devices, appliances and other property now or at any time in the future. If such buildings,
materials, structures, or other obstructions are constructed or otherwise placed within the Easement by Grantor or any other party, without
the prior written consent of United, then United shall have the right to remove same from such space and the Grantor agrees to pay United
the reasonable cost of such removal. Grantor shall not make changes in grade, elevation or contour of the land within the Easement without
prior written consent of United. This agreement, easement and right-of-way, together with all other provisions of this grant, shall constitute a
covenant burdening the land and is an easement in gross for the benefit of United, its successors and assigns.
The Grantor expressly reserves for Grantor, and Grantor’s successors and assigns, all rights to use the land with respect to which
this Easement is herein granted for purposes which do not, in the sole judgment of United, interfere with the exercise by United of the rights
hereby granted. The rights hereby granted to United may be assigned (and/or licensed) by United in whole or in part. The Grantor agrees
that all equipment, devices, appliances and other property, installed over, under, across, and upon the above-described lands, shall remain
the property of the installing party, removable at the option of United. Grantor further covenants that Grantor, Grantor’s heirs, successors
and assigns shall facilitate and assist United in exercising its rights herein described. Grantor further covenants that Grantor, Grantor’s heirs,
successors and assigns shall not, individually, or in combination with others, interfere directly or indirectly with United’s use of this Easement
now or at any time in the future, or with the efficiency, safety, or convenient operation of the utility(ies), utility service(s), related equipment,
devices, appliances, and/or other property.
This Utility Easement and Right-Of-Way contains all covenants and terms between Grantor and United related to the Easement.
Any oral representations or modifications concerning this Utility Easement and Right-Of-Way shall be of no force and effect. Any subsequent
amendment or modification to this Utility Easement and Right-Of-Way must be in writing and agreed to by the Grantor and United. No waiver
by United of any default or breach of any covenant, condition, or stipulation herein contained, or delay by United in the utilization of any right
herein granted, shall be treated as a waiver of any subsequent default or breach of the same or any other covenant condition or stipulation,
or as a waiver of any right of United or of the ability of United to utilize any such right at a future date.
TO HAVE AND TO HOLD the Easement unto said United, its successors and assigns, forever, and Grantor hereby binds Grantor,
and Grantor’s successors, assigns, and heirs to warrant and forever defend said Easement unto United, its successors and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part thereof.
EXECUTED the ________ day of _________________, 20_____.
GRANTOR:
___________________________________________________
___________________________________________________
ACKNOWLEDGMENT
THE STATE OF TEXAS ) (
COUNTY OF ) (
This instrument was acknowledged before me on the day of , 20
by .
Notary Public, State of Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS ) (
COUNTY OF ) (
This instrument was acknowledged before me on the day of , 20
by .
Notary Public, State of Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS ) (
COUNTY OF ) (
This instrument was acknowledged before me on the day of , 20
by .
Notary Public, State of Texas
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS ) (
COUNTY OF ) (
This instrument was acknowledged before me on the day of , 20
by .
of
a corporation, on behalf of said corporation.
Notary Public, State of Texas
Representative:
W.O. Number:
S.O. Number:
Location:
Grantor’s Name:
Account Number:
After recording please return to:
United Cooperative Services
Easement Clerk
P.O. Box 290
Stephenville, Texas 76401
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0290