Collin Texas Right of Way Agreement (For Water Pipeline)

State:
Multi-State
County:
Collin
Control #:
US-OG-1119
Format:
Word; 
Rich Text
Instant download

Description

This form is a right of way agreement for water pipeline.

Collin Texas Right of Way Agreement (For Water Pipeline) is a legal document that outlines the terms and conditions for granting a pipeline company the right to access and use a specified area of land in Collin County, Texas for the construction, maintenance, and operation of a water pipeline. This agreement serves as a legally binding contract between the pipeline company and the landowner, ensuring that both parties understand their rights and responsibilities regarding the project. The main purpose of the Collin Texas Right of Way Agreement (For Water Pipeline) is to establish the legal rights and obligations of the pipeline company and the landowner. It typically includes provisions such as: 1. Description of the Property: This section provides a detailed description of the land area to be used as the right of way for the water pipeline. It commonly includes the legal description, boundaries, and any specific access points. 2. Term and Renewal: The agreement specifies the duration of the right granted to the pipeline company, including any options for renewal. This allows the landowner to have control over the length of time the pipeline company can access the land. 3. Project Scope: The agreement outlines the purpose and scope of the water pipeline project. It includes details about the size, capacity, and materials of the pipeline to be constructed, as well as any associated facilities such as pumping stations or storage tanks. 4. Compensation and Damages: This section explains the compensation the landowner will receive for granting the right of way to the pipeline company. It may cover financial considerations such as one-time payments, annual fees, or royalties based on the amount of water transported. It may also address any damages caused to the land during construction or maintenance and how they will be remedied. 5. Access and Maintenance: The agreement defines the rights and responsibilities of both parties regarding access to the right of way area. It includes provisions for how the pipeline company can enter the landowner's property, conduct construction activities, and perform routine inspections and maintenance. It may also specify the landowner's rights to access the property during and after construction. 6. Indemnification and Insurance: This section establishes the insurance requirements the pipeline company must meet and any indemnification the landowner may receive in case of accidents, damages, or liabilities arising from the pipeline project. 7. Termination and Default: The agreement outlines the conditions under which either party can terminate the agreement, including non-compliance with its terms. It may specify the actions that constitute default and the remedies available to the non-defaulting party. There may be different types of Collin Texas Right of Way Agreements (For Water Pipeline), depending on factors such as the length of the pipeline, the number of landowners involved, and the specific project requirements. Some variations may include Joint Right of Way Agreements, which involve multiple landowners granting access through a single agreement, or Temporary Right of Way Agreements, which allow for access on a temporary basis for repairs or maintenance.

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FAQ

Types of Pipelines 1: Steel Pipeline. 2: Cast Iron Pipes. 3: Plastic Pipeline. 4: Concrete Pipeline. 5: Water Pipeline. 6: Oil Pipeline. 7: Slurry Pipeline. 8: Gas Transmission Pipeline.

API recommends setbacks of 50 feet from petroleum and hazardous liquids lines for new homes, businesses, and places of public assembly (API 2003). It also recommends 25 feet for garden sheds, septic tanks, and water wells and 10 feet for mailboxes and yard lights.

Water rights pertain to the legal rights of property owners to access and use bodies of water adjacent to lands they hold. Different types of waters rights exist based on various forms of water that border or exist on a property.

Natural gas pipelines don't just raise concerns about the environment and private property rights they could also affect owners' wallets. Pipelines can reduce property values by 5 to 40 percent by making them less attractive to potential buyers, according to local Realtors.

Easements are a pervasive element in Texas property law and are generally defined as a right, privilege, or advantage that exists as a distinct interest from ownership rights in real property. Most commonly, an easement allows a person (or the public) to use the land of another in a certain manner.

For example, the ordinance bans new buildings within 25 feet of a hazardous liquids pipeline and increases construction and building standards on most structures within 200 feet of a pipeline.

What is a Pipeline Easement? Generally, an easement is a legal interest that allows someone the right to use another's property for a certain purpose. A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner's property.

In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.

The grantor may or may not require compensation for granting the easement. Easement by necessity - Texas law recognizes an easement in specific circumstances when it is necessary to cross another property owner's land. Easement by necessity requires proof from the individual seeking the easement.

Oil pipelines are made from steel or plastic tubes which are usually buried. The oil is moved through the pipelines by pump stations along the pipeline. Natural gas (and similar gaseous fuels) are pressurized into liquids known as Natural Gas Liquids (NGLs). Natural gas pipelines are constructed of carbon steel.

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Collin Texas Right of Way Agreement (For Water Pipeline)