A Private Utility Easement is essential when utility companies need to install, maintain, or access utility infrastructure on private property. This document, subject to U.S. federal and state laws, defines the specific rights granted, the exact location of the easement, maintenance responsibilities, and compensation terms if applicable. It provides legal protection for both the property owner and utility company while ensuring necessary utility services can be provided. The agreement typically includes detailed property descriptions, maps, and specific terms for access and maintenance, making it a crucial document for property development and utility infrastructure projects.
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1. Parties: Identification of grantor and grantee, including legal names and addresses
2. Background: Context of the easement grant and property ownership details
3. Definitions: Key terms used throughout the agreement
4. Grant of Easement: Specific rights being granted and purpose of the easement
5. Property Description: Legal description of the property and easement area
6. Term and Duration: Period of the easement (typically perpetual)
7. Rights and Obligations: Detailed responsibilities of both parties
8. Indemnification: Liability and protection provisions
1. Construction Requirements: Specific requirements for utility installation - use when new utility infrastructure will be installed
2. Environmental Provisions: Environmental protection measures - use when easement affects environmentally sensitive areas
3. Restoration Obligations: Requirements for property restoration after work - use when significant ground disturbance is expected
4. Assignment Rights: Terms for transferring easement rights - use when transfer of rights may be needed
1. Schedule A - Property Description: Detailed legal description of the property and easement area
2. Schedule B - Site Plan: Survey or drawing showing easement location
3. Schedule C - Construction Specifications: Technical requirements for utility installation
4. Appendix A - Insurance Requirements: Detailed insurance obligations and coverage requirements
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