Montana Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to enter land and place underground circuits or cables and pad mourn transformers.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Montana Right of Way Easement and Underground Conductor Agreement is a legal document that defines the terms and conditions for granting permission to a party to construct and maintain underground conduits or cables within someone else's property. This agreement provides the necessary rights and restrictions regarding the use and access to the property for the purpose of installing and maintaining underground conductors. Under the Montana Right of Way Easement and Underground Conductor Agreement, the property owner (granter) grants an easement or right of way to the party requesting access (grantee) to install and maintain underground conductors within a specific area of the property. This agreement outlines the scope of the easement, including the dimensions, routes, and depths required for the underground conductors. One type of Montana Right of Way Easement and Underground Conductor Agreement is the Permanent Right of Way Easement. This agreement grants a perpetual easement to the grantee for the installation and maintenance of underground conductors. It typically includes provisions for access, surveying, construction, and compensation to the property owner. Another type is the Temporary Right of Way Easement Agreement. This agreement allows the grantee to temporarily access the property for specific purposes, such as construction, maintenance, or repairs of underground conductors. It usually has a defined duration and includes conditions for restoring the property to its original condition after completion of the agreed-upon activities. The Montana Right of Way Easement and Underground Conductor Agreement typically include important provisions such as: 1. Parties involved: Clearly identifies the granter (property owner) and grantee (party requesting access). 2. Easement description: Defines the specific location and dimensions of the area where the underground conductors will be installed and maintained. 3. Restrictions: Outlines any limitations or restrictions imposed on the grantee, such as maximum conductor capacity, depth limitations, or distances from existing structures. 4. Access and use: Specifies the terms and conditions regarding access to the property, including the rights to ingress and egress, surveying, and maintenance activities. 5. Indemnification and liability: Addresses the responsibilities of each party for any damage, injuries, or liability arising from the installation, maintenance, or use of the underground conductors. 6. Compensation: Covers compensation arrangements, if any, including upfront payments, ongoing royalties, or reimbursements for damages caused by the grantee. 7. Term and termination: Defines the duration of the agreement and the conditions for termination, such as breach of agreement or expiration of the easement. 8. Restoration and abandonment: Outlines the obligations of the grantee to restore the property to its original condition after the expiration or termination of the agreement. 9. Governing law: Specifies that the agreement is subject to Montana state law and any applicable regulations. Overall, the Montana Right of Way Easement and Underground Conductor Agreement is a crucial legal document that protects the rights and interests of both the property owner and the party seeking access. It ensures the proper management and operation of underground conductors while establishing clear guidelines and responsibilities for all involved parties.

Montana Right of Way Easement and Underground Conductor Agreement is a legal document that defines the terms and conditions for granting permission to a party to construct and maintain underground conduits or cables within someone else's property. This agreement provides the necessary rights and restrictions regarding the use and access to the property for the purpose of installing and maintaining underground conductors. Under the Montana Right of Way Easement and Underground Conductor Agreement, the property owner (granter) grants an easement or right of way to the party requesting access (grantee) to install and maintain underground conductors within a specific area of the property. This agreement outlines the scope of the easement, including the dimensions, routes, and depths required for the underground conductors. One type of Montana Right of Way Easement and Underground Conductor Agreement is the Permanent Right of Way Easement. This agreement grants a perpetual easement to the grantee for the installation and maintenance of underground conductors. It typically includes provisions for access, surveying, construction, and compensation to the property owner. Another type is the Temporary Right of Way Easement Agreement. This agreement allows the grantee to temporarily access the property for specific purposes, such as construction, maintenance, or repairs of underground conductors. It usually has a defined duration and includes conditions for restoring the property to its original condition after completion of the agreed-upon activities. The Montana Right of Way Easement and Underground Conductor Agreement typically include important provisions such as: 1. Parties involved: Clearly identifies the granter (property owner) and grantee (party requesting access). 2. Easement description: Defines the specific location and dimensions of the area where the underground conductors will be installed and maintained. 3. Restrictions: Outlines any limitations or restrictions imposed on the grantee, such as maximum conductor capacity, depth limitations, or distances from existing structures. 4. Access and use: Specifies the terms and conditions regarding access to the property, including the rights to ingress and egress, surveying, and maintenance activities. 5. Indemnification and liability: Addresses the responsibilities of each party for any damage, injuries, or liability arising from the installation, maintenance, or use of the underground conductors. 6. Compensation: Covers compensation arrangements, if any, including upfront payments, ongoing royalties, or reimbursements for damages caused by the grantee. 7. Term and termination: Defines the duration of the agreement and the conditions for termination, such as breach of agreement or expiration of the easement. 8. Restoration and abandonment: Outlines the obligations of the grantee to restore the property to its original condition after the expiration or termination of the agreement. 9. Governing law: Specifies that the agreement is subject to Montana state law and any applicable regulations. Overall, the Montana Right of Way Easement and Underground Conductor Agreement is a crucial legal document that protects the rights and interests of both the property owner and the party seeking access. It ensures the proper management and operation of underground conductors while establishing clear guidelines and responsibilities for all involved parties.

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FAQ

They are a grant of one or more property rights by the property (e.g. your yard) for use by another entity (e.g. City of Rosemount, MnDOT, Dakota Electric, etc.). In other words, the recipient of the easement (e.g. City of Rosemount) has the right to use the land in the easement for a specific purpose.

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.

A perpetual easement lasts forever. Montana law also allows for a term easement which must be in place for a minimum of 15 years. Perpetual easements provide the best protection for the land and make potential tax benefits available to the landowner. Term easements offer no such deductions.

A public right of way is a private property that has been dedicated to the community for the purpose of public usage for things such as, but no limited to, motorized access, non-motorized and pedestrian access, trails, common areas, utility placement, and other forms of community benefit.

Montana law requires a conservation easement to be granted for a term of at least 15 years, but many are granted in perpetuity. A conservation easement runs with the land and remains in place even if the land is sold. Forever. A landowner may want the land to always be protected.

Only one Montana statute specifically addresses prescriptive easements. Section 23-2-322(1), MCA, provides that a prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.

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Common Use Agreement is when: • A utility facility holds an easement or other instrument, and the Department purchases tihe right-of-way over utility easement ... If the design is along the existing right-of-way/easement line and a retracement survey identifying the existing right-of-way line was not completed, always.This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to ... Notarized signatures on right-of-way agreements are required. We'll be happy to provide you with the necessary forms. • According to state law, you must obtain ... If placed in a town right-of-way, easements shall be in a location required by and agreed upon in writing by all of the appropriate utility companies and the ... and permittees, a permanent easement for underground fiber optic cable, including the perpetual right to enter upon the real estate hereinafter described ... Fill out BPA's Land Use Application: www. transmission.bpa.gov/LanCom/Real_Property.cfm. 3. Obtain a written Land Use Agreement from. BPA before proceeding ... parkland and a Utility Right-Of-Way Easement which are provided in Attachments "A" and ... All underground wire and cable installation shall be in conduit. 10 ... Grantor shall provide to. Grantee a substitute easement area as reasonably suited to Grantee's needs. Relocation shall be at Grantor's sole cost and expense. Right-of-way: An interest in property, also called an easement, often depicted on a survey or subdivision plat as a strip or area of land including surface, ...

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Montana Right of Way Easement and Underground Conductor Agreement