Easement Language:
LIMITED UTILITY LINE EASEMENT
AND RIGHT OF WAY
Telecom Company and Land Owner with addresses at
______________________ property owner (“Owner”) make this Limited Utility Line
Easement and Right of Way (the “Agreement”) this _____ day of June, 2017.
In exchange for the promises and performances described below,
which Telecom and Owner hereby acknowledge to be good and sufficient
consideration for the making of this Agreement, Telecom and Owner agree as
follows.
1. Owner hereby grants to Telecom a non exclusive easement and right of
way across the property of Owner. This easement and right of way hereafter
shall be called the “ROW.” A legal description of the ROW is attached as
exhibit A and incorporated by reference into this Agreement
2. The ROW shall be for the purpose of installing a fiber optic
telecommunications line with associated conduit and handholes (the
“Facilities”) Owner hereby authorizes Telecom to install the Facilities and to
do the other acts, described below, that may be necessary to service, enhance,
improve, alter, maintain, and/or repair the Facilities. Owner understands and
agrees that the placement of the Facilities, as well as the need for service,
enhancement, improvement, alteration, maintenance, and/or repair of the
Facilities, are matters to be decided solely by Telecom, and that Owner shall
have no right to influence or interfere with any such decision, provided,
however, that in the process of making any such decision Telecom shall remain
subject to any applicable rules and regulations of the (State) Public Service
Commission. Owner restricts and forbids the building of any additional
Facilities with out obtaining written permission from Owner. Owner hereby
represents, warrants, and guarantees to Telecom that Owner is the exclusive
owner of the property for the purpose of granting the ROW as described in this
Agreement.
3. Owner hereby authorizes Telecom to enter on the property for the
purpose of installing, servicing, enhancing, improving, altering, maintaining,
and/or repairing the Facilities. Telecom may enter on to the property at any
reasonable time in order to install, service, enhance, improve, alter,
maintain, and/or repair the Facilities. Telecom may enter on to the property
at any time in order to make emergency repairs to the Facilities.
4. The ROW shall run with the property (now titled in or otherwise
owned by the Owner) in perpetuity, and at a minimum shall be a covenant running
with the property. Owner agrees to execute a recordable form of this Agreement
for the purpose of giving record notice of the ROW by filing the same with the
appropriate county recorder's office. This Agreement shall remain binding upon
and inure to the benefit of any and all successors, assigns, heirs, agents,
and/or employees of the Owner. The ROW is transferable by Telecom to its
successors, assigns, heirs, agents, and/or employees. Owner agrees to negotiate
with the successors, assigns, and/or heirs of Telecom to formulate a new ROW
agreement.
5. Telecom stipulates that it shall do a workmanlike job in
connection with the installation of the Facilities, and that it shall clean-up
the ROW at the conclusion of this work, all work and clean-up to be consistent
with any applicable rules and regulations of the (State) Public Service
Commission. Telecom hereby represents, warrants, and guarantees to Owner
that failure to comply and perform according to the covenants stipulated in
this agreement terminates and voids the ROW.
________________________________
Joe Walsh
CEO/General Manager
Telecom
________________________________
Steve Tyler
Registered Agent
Owner
Grantor of ROW
Then you must include attachment A which has the legal description of the ROW
running line. You will probably have to have a surveyor create that for you.
I do my own but I have had training.
From: Chris Fabien
Sent: Wednesday, June 21, 2017 6:09 AM
To: af@afmug.com
Subject: Re: [AFMUG] private community fiber network
1. You want innerduct buried in the soil several feet under the water. Thia
would be done by directional boring. 300ft is no problem. Probably "should"
require erosion/sedmentation control permit and possibly wetlands study. But
you can get away with about anything in a private location.
2. Handhole anywhere you want to splice.
3. Always needs a locate ticket called in to state agency. Occasionally needs a
permit/contract usually only for high profile stuff like transmisson pipelines.
4. If you are going to own this duct and cable then you want a solid easement
for occupancy and future access. We try to get a blanket easement so we dont
have to worry about our path surveyors etc.
5. Youll need to become a utility member of the locate system.
5a. Usic is a locate contractor hired by some utilities. The state agency just
takes calls and sends out tickets. The utility is responsible for marking the
lines or paying someone to do it.
6. It IS hard... too hard is up to you to determine. This project should
require a very significant contribution from the property owners to make
financial sense.
On Jun 20, 2017 11:04 PM, "Steve Jones" <thatoneguyst...@gmail.com> wrote:
A few questions, this being a family estate property that was subdivided into
different lots. There are 8 current homes, haven't looked at a platt map yet to
see how the lots are legally divided, so there is that. This is about
interconnecting and somewhere in the mix bringing in interwebs. To run past all
the current lots is roughly 8050 feet. There would be 4 "fingers" the longest
being 3300 feet, passing 3 houses with the longest distance between those 3
being 1400 feet, 300 feet of this would be underwater.
This is not a ROW, issue, they don't want it in ROW, I assume they need some
sort of legal easement on record for the duct. I know zero about this.
Here are some questions:
1. the underwater part. is that normally duct or just underwater fiber.
1a. this pond is stocked by DNR, does that require some crummy permit to drop
fiber into even though its privately owned, I don't know what the trade off is
for DNR stocking.
2. When passing a lot, do you normally put a handhole in each lot?
3. if a utility ROW is crossed, does that need a permit?
4. Whats the specific terminology, I think its easement, that makes the duct
accessible, like ROW, legally even if the property changes hands
5. How does one get this buried cable/duct into a location service database
5.a when a locate is called in who pays? (USIC is the locating agency around
here)
6.how much longer will this list of questions get before it gets too hard
In this instance, it will all be cut trench, that's free, for them. This is
all unincorporated land in a county. however there has been a history of forced
incorporation attempts. should that happen, what happens with this duct?
assuming there is some chatter on this, anticipate more detailed questions on
tech specs
