Florida Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
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Word; 
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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.

Florida Right of Way Easement and Underground Conductor Agreement is a legal document that grants specific rights to utility companies or government agencies to install and maintain underground conductors or transmission lines on private properties in Florida. This agreement ensures that both parties involved, the property owner and the utility company, have a clear understanding of their rights and responsibilities in relation to the easement and underground conductors. One type of Florida Right of Way Easement and Underground Conductor Agreement is the Permanent Easement Agreement. This agreement grants a permanent right to the utility company or agency to access and utilize a portion of the property for the installation and maintenance of underground conductors. The property owner receives fair compensation for granting this permanent easement. Another type is the Temporary Easement Agreement, which grants a temporary right for a specified period of time. This type of agreement is commonly used for utility companies to carry out construction or maintenance activities on the property. The property owner may receive compensation for the inconvenience caused by the temporary easement. Key terms and conditions typically included in a Florida Right of Way Easement and Underground Conductor Agreement often cover the following aspects: 1. Location and Boundaries: The agreement clearly defines the specific area where the underground conductors will be installed and maintained. This may include an accurate survey or legal description of the property. 2. Access and Construction: The agreement outlines the utility company's right to access the property for construction, maintenance, and repair of the underground conductors. It may specify timelines, equipment, and procedures for these activities. 3. Compensation and Damages: In most cases, the property owner is entitled to fair compensation for granting the easement rights. The agreement should outline the compensation terms, payment schedule, and any clauses regarding damages caused during construction or maintenance. 4. Rights and Responsibilities: Both parties' rights and responsibilities are clearly defined in the agreement. This includes obligations related to maintenance, liability, and adherence to safety regulations. 5. Term and Termination: The agreement specifies the duration of the easement, whether it is permanent or temporary. It may also include provisions for termination conditions, such as breach of agreement or change in the utility company's operations. 6. Indemnification and Insurance: The utility company typically agrees to indemnify and hold the property owner harmless from any liabilities or damages arising from the installation or maintenance of the underground conductors. The agreement may also require the utility company to maintain appropriate insurance coverage. In summary, a Florida Right of Way Easement and Underground Conductor Agreement is a legally binding document that establishes the rights and responsibilities of both property owners and utility companies regarding the installation and maintenance of underground conductors. It ensures fair compensation for the property owner and outlines the terms and conditions under which the easement is granted.

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FAQ

An express easement is created by title or deed in an official capacity, while an implied easement may be created by necessity or use. Implied easements often come into being when large tracts of land are divided up into smaller parcels for sale or separate use.

Homeowners are typically not allowed to build a permanent structure where an easement runs, even though the land is legally theirs. This is because building that structure (such as a garage) may restrict the access rights of the utility to their equipment.

Driveway ? Rights and Obligations to Repair The short answer is ? the owner of the easement is responsible for maintaining the easement.

Rights-of-ways and easements are different in one very important way. An easement gives the grantee the right to use the property for a specific purpose. However, a right-of-way only allows a grantee to cross over another person's property. Rights-of-ways do not allow you to use the property for any reason.

§ 704.01(1) (2021). Once created, the location of the easement cannot be changed without agreement. When an easement is blocked, the easement owner may pass over the adjoining land as far as is necessary to avoid the blockade.

Often easements are in writing. Utility easements and cable easements are types of easements that attach to a property and are often 15 to 20 feet wide and allow the utility companies to use your property for a particular use.

An owner of an easement can deliver an express written release to the owner of the Servient Estate and thereby terminate the easement. Fla. Jur. 2d Easements §59.

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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 ... A common example of a right-of-way easement is one where a landowner cannot ... Once created, the location of the easement cannot be changed without agreement.Sep 28, 2018 — Remember that the owner can grant a simple easement, such as drainage or access easement, and the grantee is not obligated to construct such ... Starting the process. Please review, complete and print out the following documents to begin the process: Overhead to Underground Conversion Requirements ... Oct 1, 2020 — NOTES: Prior to formal submittal of applications, applicants are encouraged to schedule an appointment with. Jun 18, 2018 — A better option is to create a specific sketch and legal description of the easement area. In both of these cases, the owner should make sure ... (16) “Underground facility” means any public or private personal property which is buried, placed below ground, or submerged on any member operator's right-of- ... Jan 1, 2018 — All necessary right of way and easements must be in Department ownership prior to advertisement of the project for letting. Limited Access R/W ... A construction permit shall not entitle a provider to use, alter, convert to, or interfere with, the facilities, easements, poles, conduits, lines, pipelines, ... 337.402-337.404 as the “utility.” The department may enter into a permit-delegation agreement with a ... the municipality's underground utilities ordinance. (q) ...

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Florida Right of Way Easement and Underground Conductor Agreement