Wednesday, November 6, 2013

Pipeline easement considerations

This list of things to consider in a pipeline easement lease was provided by the Carroll SWCD office.  

General

            Initial Payment and Due Date
            Crop Damage-Process and Payment
            Insurance Coverage- Grantee Minimum Levels of Coverage?
Indemnification of Grantor and Heirs etc., hold harmless
Prior Notice Before Entering Property?
Recoupment of CAUV tax savings if land use changes from Agriculture to Commercial due to construction
Easement Notarized and recorded in County Recorder’s Office
Clearing brush and trees-value of timber harvested and future timber production stack harvested timber at accessible location, chip cherry leaves before fence is built, stump grinding
Payment for easement area, first pipeline, second/additional pipelines, pig valves and other above ground appurtenances, access roads, temporary water line payment, staging and storage areas

Easement Area
Ingress and Egress Routes (certified survey of location)
Access roads- Limitations and damages
Temporary Routes
            Depth of Cover over pipeline
            Right of Way Easement Width (Construction and Permanent Widths) (certified survey)
            Pipeline Location Approval
Pipeline size, number and Pressure
            Pipeline Size Limitations
Restrictions on Grantor/ Grantee Use of Easements

Construction
            Topsoil Removal and Protection
            Rock Removal and Disposal
            Pipeline Construction Method- "Double Ditch" Method
            Spring/ water supply Repair/ Replacement
Pumping Water from Open Trenches
            Additional Drainage Tile Lines
             Time limit of 1 year to begin construction or agreement voided (90 days construction
             Limit or penalty fee accessed)
Reclamation
Backfill Profile, and Trench Crowning
Subsoil De-compaction, and soil shattering
Repair Affected Tile Lines
Repair of Existing Conservation Practices Disturbed During Construction
Seeding and Fertilizer Recommendations, L-N-P-K Rates and Seed Varieties and rates, pasture mix( some may not want fescue included) Must be green and growing.
            Trench Washouts, Water Piping, and Blow Out Repair
            Fence Repair or Replacement, gates, cattle guards

Maintenance
Mowing every other year (non-cropland areas)

Termination & Abandonment

Abandonment Clause 

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