According to Cathy Arnold at the Railroad Commission - these guys are listed as a common carrier and therefore they have the ability to use eminent domain. They said they'd like to leave it at 42' (on center) from the road. I asked again that they move it. They said they'd consider it and let me know.
Here is the most recent easement agreement. At my request; they added a some special conditions. The pdf was too large - so here is a cut and paste:
PROJECT:
TRACT NUMBER:
COUNTY:
PERMANENT EASEMENT AGREEMENT
This Agreement, dated ____________________, 2012, is between ME (hereinafter referred to as "Grantor", whether one or more), THEM and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For the consideration of XXXXXXXXX and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot (30? wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline and any appurtenant facilities in, over, through, across, under, and along land owned by the Grantor being more particularly described and depicted in Exhibits A and B ("the Permanent Easement Property") attached hereto and made a part hereof. Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit B in order to construct one pipeline not to exceed TWENTY inches ( 20? in nominal diameter and any appurtenant facilities in, over, through, across, under, and along lands as shown in the attached Exhibit A.
It is further agreed as follows:
1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and the products thereof, together with below-ground appurtenances (except for pipeline markers and cathodic protection test leads which Grantee is specifically allowed to install upon the surface of the Permanent Easement Property) as may be necessary or desirable for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Grantee shall have the right of ingress and egress over and across the Permanent and Temporary Construction Easement Property (and the Temporary Construction Easement Property while in effect) to survey, conduct reasonable and necessary construction activities, to remove structures and objects located within the Temporary Construction Easement Property. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18) months from the date of construction commencement. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing, then the Temporary Construction Easement shall immediately terminate.
2. Further, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support for and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to have a right of entry and access in, to, through, on, over, under, and across the Permanent Easement Property owned by Grantor for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement.
3. The consideration paid by Grantee in this agreement includes the market value of the easements, both permanent and temporary, conveyed by Grantor and any and all damages to the Grantorç—´ remaining property. Grantor has been paid (or, if leased, Grantorç—´ tenant has been paid) for all damages caused to growing crops on the Permanent Easement Property and Temporary Construction Easement Property. However, Grantee will pay Grantor (or if leased to Grantorç—´ tenant) for any damages caused to livestock due to Granteeç—´ construction activities during the periods of the original construction of the pipeline.
4. Grantee will, insofar as practicable, restore the ground disturbed by the Granteeç—´ use of the Permanent Easement Property and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the surface as nearly as reasonably possible as it was prior to the construction of the pipeline and will restore all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement. Grantor shall allow Grantee to install its own lock if Grantee so chooses.
5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantorç—´ uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set-back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, at any angle of not less than forty five (45) degrees to Granteeç—´ pipeline, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Granteeç—´ pipeline, provided that all of Granteeç—´ required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed.
6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Granteeç—´ use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. In the event the terms of this paragraph are violated, such violation shall immediately be eliminated upon receipt of written notice from Grantee or Grantee shall have the immediate right to correct or eliminate such violation at the sole expense of Grantor. Grantor shall promptly reimburse Grantee for any expense related thereto. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. Any improvements, whether above or below ground, installed by Grantor subsequent to the date that Grantee acquires possession of the Permanent Easement Property, may be removed by Grantee without liability to Grantor for damages.
7. Grantee has the right to trim or cut down or eliminate trees or shrubbery to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipeline and to remove possible hazard thereto, and the right to remove or prevent the construction of, any and all buildings, structures, reservoirs or other obstructions on the Permanent Easement Property which, in the sole judgment of the Grantee, may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities.
8. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Granteeç—´ use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee.
9. Upon completion of the project construction, permanent fencing destroyed or disturbed by project construction activities shall be installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantorç—´ existing fences. Grantee and its designated contractors, employees and invitees agree to keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantorç—´ property cannot stray from the fenced pastures.
10. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the Permanent Easement Property, it will restore the surface to the condition in which it was in prior to the use of this Easement except as the surface may be permanently modified by the use of this Easement. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by the Grantee in a reasonably similar manner to its condition immediately preceding Granteeç—´ use of this Temporary Construction Easement to the extent that the surface is not permanently modified by the use of this easement.
11. Grantee hereby agrees to indemnify and hold Grantor harmless from and against any claim or liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, agents or invitees, and the installation, use, maintenance, repair or removal of the pipeline by Grantee and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, agents or invitees.
12. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The permanent easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to execute this agreement on behalf of the parties to this agreement. Grantor hereby binds himself, his heirs, legal representatives and assigns to warrant and forever defend all and singular the above described easements and rights, unto the said Grantee, and Granteeç—´ successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
SPECIAL CONDITIONS
Grantor and Grantee agree as follows:
Grantee agrees that no permanent above ground appurtenances other than any required cathodic protection test leads, pipeline and aerial markers will be placed on Grantorç—´ property unless mutually agreed to in writing.
The Grantee and its agents, employees, designees, contractors, guests, invitees, successors and or assigns may not grant any other easement within the easement area. This easement is restricted to one individual pipeline.
The Grantee and its agents, employees, designees, contractors, guests, invitees, successors and or assigns will lay only one single individual line. No additional lines are permitted without the prior written consent of the Landowner. In the event of an additional line the Landowner will be compensated accordingly.
The Grantor reserves the right to grant any above ground easement above the surface of the easement area that does not interfere with the rights granted to Grantee herein. For example any utility easement or overheads.
If at any time after five years from the date hereof Grantee should abandon the rights granted herein for said pipelines and appurtenances constructed upon said land and if such abandonment should continue for a continuous period of as long as one year, all rights of Grantee herein shall ipso facto terminate and revert to Grantor, his heirs, legal representatives, and assigns. Grantee shall have the right for two years following any termination of this easement to remove its pipe, valves and all other property. Following the expiration of such period, any such property remaining on said land shall be and become the property of Grantor.
Grantee will bury the pipelines laid hereunder with a cover of at least forty-eight inches (48? from the top of the pipe to the surface of the ground; except it shall be buried not less than twenty-four inches (24? through rock.
Granteeç—´ ingress and egress during construction shall be restricted to the Permanent Easement Property and the Temporary Construction Easement Property. Ingress and egress following the original construction of the pipeline shall be restricted to the Permanent Easement Property.
The Grantee and its agents, employees, designees, contractors, guests, invitees, successors and or assigns will not access the property after dusk or before dawn without prior Grantor notification; unless in case of emergency.
After the conclusion of the original construction of the pipeline laid hereunder, except in the case of emergencies, Grantee, its, successors and or assigns, will notify the Landowner in advance prior to any maintenance to take place on the Permanent Easement Property.
The Grantor reserves the legal right to continue to enjoy use of the land before the easement, on top of the easement and between the easement and the fence line for growing of crops, gardening, hunting, four wheelers and motocross dirt bikes.
The Grantee and its agents, employees, designees, contractors, guests, invitees, successors and or assigns will not trespass outside of the Permanent Easement Property (and Temporary Construction Easement Property while in effect) at any time for any reason.
The Grantee and its agents, employees, designees, contractors, guests, invitees, successors and or assigns will compensate the Landowner for any and all future actual damages caused by maintenance, repair, replacement, failure and all other activities related to the pipeline.
NO WARRANTY: This grant is made without warranty of title or possession, either express or implied, and is expressly subject and subordinate to all prior leases, easements, encumbrances, liens, mortgages, exceptions, reservations and rights of third parties either of record or in evidence physically on Grantor's premises.
This easement shall not be assigned in whole or in part without the written consent of Grantor, which consent shall not be unreasonably withheld, delayed or conditioned. However, Grantee is specifically granted the right to assign this agreement without the necessity of obtaining such consent should Grantee desire to assign this agreement to any affiliate or subsidiary company of Grantee.
The Grantee and its agents, employees, designees, contractors, guests, invitees, successors and or assigns hereby indemnifies the Landowner against any injury that occurs to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and or assigns while on the easement, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, agents or invitees.
The Grantee will provide an é„*s constructed Survey within 365 days of completion or will compensate the Grantor with an additional $3,000.
13. This easement shall be interpreted in accordance with the laws of Texas and all applicable federal laws.
14. This easement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs, representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party.
15. This Permanent Easement Agreement contains the entire agreement between the parties and there are not any other representations or statements, verbal or written, that have been made modifying, adding to, or changing the terms of this Permanent Easement Agreement.
EXECUTED this day of , 2012.
GRANTOR: GRANTOR:
