Don't forget Steve Tyler.
Paul McCall wrote:
I love the Joe Walsh reference. Thanks Chuck. Exactly what I needed.
Paul
*From:* Af [mailto:[email protected]] *On Behalf Of *[email protected]
*Sent:* Monday, July 3, 2017 10:52 AM
*To:* [email protected]
*Subject:* [AFMUG] Easement language
*From:*[email protected] <mailto:[email protected]>
*Sent:*Wednesday, June 21, 2017 8:37 AM
*To:*[email protected] <mailto:[email protected]>
*Subject:*Re: [AFMUG] private community fiber network
Easement Language:
*LIMITED UTILITY LINE EASEMENT*
*AND RIGHT OF WAY*
Telecom Company and Land Owner with addresses at
______________________ property owner (“Owner”) make this Limited
Utility Line Easement and Right of Way (the “Agreement”) this _____
day of June, 2017.
In exchange for the promises and performances described
below, which Telecom and Owner hereby acknowledge to be good and
sufficient consideration for the making of this Agreement, Telecom and
Owner agree as follows.
1.Owner hereby grants to Telecom a non exclusive easement and right of
way across the property of Owner. This easement and right of way
hereafter shall be called the “ROW.” A legal description of the ROW
is attached as exhibit A and incorporated by reference into this Agreement
2. The ROW shall be for the purpose of installing a fiber optic
telecommunications line with associated conduit and handholes (the
“Facilities”) Owner hereby authorizes Telecom to install the
Facilities and to do the other acts, described below, that may be
necessary to service, enhance, improve, alter, maintain, and/or repair
the Facilities. Owner understands and agrees that the placement of
the Facilities, as well as the need for service, enhancement,
improvement, alteration, maintenance, and/or repair of the Facilities,
are matters to be decided solely by Telecom, and that Owner shall have
no right to influence or interfere with any such decision, provided,
however, that in the process of making any such decision Telecom shall
remain subject to any applicable rules and regulations of the (State)
Public Service Commission. Owner restricts and forbids the building of
any additional Facilities with out obtaining written permission from
Owner. Owner hereby represents, warrants, and guarantees to Telecom
that Owner is the exclusive owner of the property for the purpose of
granting the ROW as described in this Agreement.
3. Owner hereby authorizes Telecom to enter on the
property for the purpose of installing, servicing, enhancing,
improving, altering, maintaining, and/or repairing the Facilities.
Telecom may enter on to the property at any reasonable time in order
to install, service, enhance, improve, alter, maintain, and/or repair
the Facilities. Telecom may enter on to the property at any time in
order to make emergency repairs to the Facilities.
4. The ROW shall run with the property (now titled in or
otherwise owned by the Owner) in perpetuity, and at a minimum shall be
a covenant running with the property. Owner agrees to execute a
recordable form of this Agreement for the purpose of giving record
notice of the ROW by filing the same with the appropriate county
recorder's office. This Agreement shall remain binding upon and inure
to the benefit of any and all successors, assigns, heirs, agents,
and/or employees of the Owner. The ROW is transferable by Telecom to
its successors, assigns, heirs, agents, and/or employees. Owner agrees
to negotiate with the successors, assigns, and/or heirs of Telecom to
formulate a new ROW agreement.
5. Telecom stipulates that it shall do a workmanlike job
in connection with the installation of the Facilities, and that it
shall clean-up the ROW at the conclusion of this work, all work and
clean-up to be consistent with any applicable rules and regulations of
the (State) Public Service Commission. Telecom hereby represents,
warrants, and guarantees to Owner that failure to comply and perform
according to the covenants stipulated in this agreement terminates and
voids the ROW.
________________________________
Joe Walsh
CEO/General Manager
Telecom
________________________________
Steve Tyler
Registered Agent
Owner
Grantor of ROW
Then you must include attachment A which has the legal description of
the ROW running line. You will probably have to have a surveyor
create that for you.
I do my own but I have had training.
*From:*Chris Fabien
*Sent:*Wednesday, June 21, 2017 6:09 AM
*To:*[email protected] <mailto:[email protected]>
*Subject:*Re: [AFMUG] private community fiber network
1. You want innerduct buried in the soil several feet under the
water. Thia would be done by directional boring. 300ft is no problem.
Probably "should" require erosion/sedmentation control permit and
possibly wetlands study. But you can get away with about anything in a
private location.
2. Handhole anywhere you want to splice.
3. Always needs a locate ticket called in to state agency.
Occasionally needs a permit/contract usually only for high profile
stuff like transmisson pipelines.
4. If you are going to own this duct and cable then you want a solid
easement for occupancy and future access. We try to get a blanket
easement so we dont have to worry about our path surveyors etc.
5. Youll need to become a utility member of the locate system.
5a. Usic is a locate contractor hired by some utilities. The state
agency just takes calls and sends out tickets. The utility is
responsible for marking the lines or paying someone to do it.
6. It IS hard... too hard is up to you to determine. This project
should require a very significant contribution from the property
owners to make financial sense.
On Jun 20, 2017 11:04 PM, "Steve Jones" <[email protected]
<mailto:[email protected]>> wrote:
A few questions, this being a family estate property that was
subdivided into different lots. There are 8 current homes, haven't
looked at a platt map yet to see how the lots are legally divided,
so there is that. This is about interconnecting and somewhere in
the mix bringing in interwebs. To run past all the current lots is
roughly 8050 feet. There would be 4 "fingers" the longest being
3300 feet, passing 3 houses with the longest distance between
those 3 being 1400 feet, 300 feet of this would be underwater.
This is not a ROW, issue, they don't want it in ROW, I assume they
need some sort of legal easement on record for the duct. I know
zero about this.
Here are some questions:
1. the underwater part. is that normally duct or just underwater
fiber.
1a. this pond is stocked by DNR, does that require some crummy
permit to drop fiber into even though its privately owned, I don't
know what the trade off is for DNR stocking.
2. When passing a lot, do you normally put a handhole in each lot?
3. if a utility ROW is crossed, does that need a permit?
4. Whats the specific terminology, I think its easement, that
makes the duct accessible, like ROW, legally even if the property
changes hands
5. How does one get this buried cable/duct into a location service
database
5.a when a locate is called in who pays? (USIC is the locating
agency around here)
6.how much longer will this list of questions get before it gets
too hard
In this instance, it will all be cut trench, that's free, for
them. This is all unincorporated land in a county. however there
has been a history of forced incorporation attempts. should that
happen, what happens with this duct?
assuming there is some chatter on this, anticipate more detailed
questions on tech specs
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