Oregon Right of Way Easement and Underground Conductor Agreement

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Multi-State
Control #:
US-EAS-29
Format:
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.

The Oregon Right of Way Easement and Underground Conductor Agreement is a legal document that outlines the rights and permissions granted to an entity or individual in relation to the use, installation, and maintenance of underground conductors within a designated right of way area in the state of Oregon. This agreement is commonly entered into between a utility company, such as an electric or telecommunications provider, and the owner or governing body of the land through which the underground conductors are planned to be installed. It is crucial for both parties to establish clear guidelines and responsibilities to ensure a smooth and productive relationship. There are different types of Oregon Right of Way Easement and Underground Conductor Agreements, each tailored to specific circumstances and requirements. Some common variations include: 1. Permanent Easement Agreement: This type of agreement grants the utility company permanent rights to use the designated right of way area for the installation and maintenance of underground conductors. It typically involves long-term commitments and ongoing responsibilities for both parties. 2. Temporary Easement Agreement: Temporary easements are obtained for a specified period to accommodate short-term projects or maintenance activities. These agreements are ideal for situations where land use is needed for a limited duration, after which the rights are relinquished or renegotiated. 3. Non-exclusive Easement Agreement: In cases where multiple utility companies require access to the same right of way area, non-exclusive easement agreements are used. This agreement allows for shared use while ensuring that the interests and responsibilities of each party are clearly defined. 4. Conductor Agreement: This agreement focuses specifically on the installation, operation, and maintenance of underground conductors within the right of way area. It outlines the technical specifications, safety measures, and requirements that both the utility company and landowner must adhere to. The Oregon Right of Way Easement and Underground Conductor Agreement plays a crucial role in facilitating the development and maintenance of underground utilities in the state. It helps ensure that utility companies can deliver essential services while respecting the rights and property of landowners. These agreements are essential for minimizing disputes, promoting efficiency, and maintaining the quality and reliability of underground infrastructure.

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FAQ

What Is An Easement Appurtenant In Real Estate? An easement is the right to use another person's property for a specific and limited purpose. An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates.

Appurtenance. noun. ap·?pur·?te·?nance ?-?p?rt-?n-?ns. : property (as an outbuilding or fixture) or a property right (as a right-of-way) that is incidental to a principal property and that passes with the principal property upon sale or transfer.

Easements are either ?appurtenant? or ?in gross.? An appurtenant easement benefits a specific parcel of land, known as the dominant estate. The parcel over which the easement runs is called the servient estate. An appurtenant easement attaches to the ownership of the dominant estate.

An easement in gross is a type of easement that is attached to an individual or entity and usually cannot be transferred. An easement in gross is different from an easement appurtenant, which is attached to a piece of property.

It's the right held by one person to make use of the land held by another person for a limited interest. ODOT'S RIGHT OF WAY DEPARTMENT IS THE HOLDER OF OUR ?APPROVED EASEMENT LIST?.

Termination of Easement for Real Estate Located in Oregon This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.

The holders of an interest in any easement shall maintain the easement in repair.

The answer is - two adjacent parcels, different owners. An easement appurtenant must have two owners and two parcels of land. A landlocked parcel would require an easement by necessity; long-time unauthorized usage would lead to an easement by prescription.

More info

May 1, 2023 — ... in the law of easements in the state of Oregon. Read our guide and get access to a free downloadable sample easement agreement. 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 ...... the contract shall be deemed to be valid and enforceable for all purposes from the date on which the right to file a petition for judicial review expires. Aug 31, 2018 — ODOT entered into an agreement with FHWA to provide Stewardship and Oversight of the Right of Way program on behalf of FHWA. Stewardship ... Aug 14, 2018 — A new engineering contract must be advertised and awarded based on the competitive bid process. The advertisement, bid tabulation and selection ... 1. Furnish the city with information sufficient to demonstrate that the utility operator is in compliance with all the requirements of this chapter and its ... Disclosure and Affidavit is given prior to the delivery of the Right of Way Deed or Easement to the ... below ground within the Easement, including the right of ... 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 ... This rule shall apply to and govern the location, installation, construction, maintenance and use of pole lines, buried cables, pipe lines, signs, miscellaneous ... The council finds that a program for the establishment of an underground wiring control district is highly desirable to beautify the city and to promote its ...

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Oregon Right of Way Easement and Underground Conductor Agreement