The Underground Utility Easement agreement is essential for infrastructure development and utility service provision across the United States. This document is typically used when utility companies or municipalities need to install and maintain underground facilities such as power lines, gas pipes, water mains, or telecommunications cables through private property. The agreement, governed by both federal and state regulations, provides permanent access rights while protecting both the utility provider's interests and the property owner's rights. It includes crucial elements such as exact location specifications, construction requirements, maintenance responsibilities, and compensation terms.
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1. Parties: Identifies the grantor (property owner) and grantee (utility company or municipality)
2. Background: Explains the context and purpose of the easement agreement
3. Definitions: Defines key terms used throughout the agreement
4. Grant of Easement: Formal declaration of the easement rights being granted
5. Property Description: Legal description of the property and specific easement area
6. Scope of Rights: Detailed description of permitted activities and limitations
7. Duration: Term of the easement (typically perpetual)
8. Compensation: Payment terms for the easement rights
1. Construction Requirements: Specific requirements for installation of utilities - include when initial construction is part of the agreement
2. Environmental Provisions: Environmental protection and remediation obligations - include when environmental concerns are present
3. Temporary Construction Easement: Additional temporary rights for initial construction - include when initial construction requires additional space
4. Surface Restoration: Requirements for restoring surface after work - include when surface disruption is expected
1. Schedule A - Property Description: Detailed legal description of the property and easement area
2. Schedule B - Site Plan: Survey or diagram showing the easement location
3. Schedule C - Construction Specifications: Technical specifications for utility installation
4. Schedule D - Insurance Requirements: Detailed insurance obligations and coverage limits
5. Schedule E - Compensation Details: Detailed breakdown of payment terms and calculations
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