UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF _JASPER_____
______,Of _JASPER______County, Texas, (the "Grantor"), for and in consideration of ONE AND NO/100 ($1.00) DOLLARS cash and other valuable consideration to us in hand paid by the Upper Jasper County Water Authority (the "District"), 269 County Road 080, Jasper, Jasper County, Texas 75951, the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED to the District, a perpetual, non-exclusive right-of-way and easement for the purpose of constructing, operating, maintaining and repairing utility facilities and improvements (the "Easement") on, under, over and across acres of land, more particularly described in instrument recorded in Vol. , Page/Record , Deed Records, JASPER County, Texas.
Grantor agrees that upon construction of utility facilities or improvements, the easement shall be fifteen (15') feet, seven and one-half (7 1/2 ') feet on each side of the centerline of any utility system improvements including utility service lines located within the Easement. District shall place utility system improvements so as to create the least
'possible interference with Grantor's existing improvements. District shall restore the surface of the easement to as much as reasonably possible to its pre-construction or pre-maintenance condition if the surface is disturbed by the construction or maintenance of the utility system improvements or related facilities. The restoration of the surface does not include replacement or restoration of improvements constructed by Grantor including but not limited to driveways or the replacement of permanent improvements made upon the easement. The consideration hereinabove recited shall constitute payment in full for any damage to the Property of Grantor, Grantor's successors and assigns, by reason of construction and maintenance of the utility system improvements or related facilities.
District shall have the right of temporary use of the Property adjacent to the Easement described above as may be necessary to provide working room to accomplish the stated purposes of the Easement, and the right of temporary use shall include the right of ingress and egress on the Property adjacent to the easement during installation, operation, maintenance or any emergencies which would affect the utility facilities or improvements and as may be necessary to protect the integrity of the utility facilities and improvements.
District shall have the exclusive right to locate utility system improvements on, under and across the Property within the easement and shall be permitted to remove or trim any tree, bush or shrub infringing into or over the easement hereby conveyed.
TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the District, its successors and assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the easement to the District, its successors and assigns, against every person whomsoever lawfully claiming or to claim the said or any part thereof.
This easement does not convey any interest of Grantor in any of the oil, gas or other minerals, in, on, under or to or that may be produced from the Property, and the District, its successors and assigns, shall never participate in any of the proceeds of any oil, gas or mineral lease or the royalty there from by reason of this easement.
SIGNED this day of ,20 .
GRANTOR:
______
Address of Grantor:
______
__
______
STATE OF TEXAS
COUNTY OF ______
This instrument was acknowledged before me on the______day
of______, 20_____, by______.
______
AFTER RECORDING, RETURN TO: Notary Public, State of Texas
Upper Jasper County Water Authority
269 County Road 080
Jasper, Texas 75951