Facilitating infrastructure development and maintenance, especially in rural areas, involves a complex interplay of rights, responsibilities, and legal documentation. One such document integral to this process is the Form RD-TX 442-9, a Right-of-Way Easement issued by the United States Department of Agriculture's Rural Utilities Service. This document serves an essential function by granting easements for the installation, operation, and maintenance of water distribution and sewer collection lines across private lands. It is crafted to ensure that such utilities can be laid out, accessed, repaired, or upgraded with minimal hindrance. Provisions within the form allow for a perpetual easement, typically not exceeding 15 feet in width, over a specified parcel of land. Moreover, it outlines the rights of the grantee—such as the ingress and egress rights over adjacent lands owned by the grantor—and detailed clauses concerning the easement's maintenance, the obligation to repair, and the defense of the easement against claims by third parties. Interestingly, the form also touches on situations where public road works may affect the easement, providing for the easement’s adjustment to accommodate such changes. Importantly, this document underlines the compensation for the grantors and binds them to defend the granted easement rights, ensuring that infrastructure projects funded through federal assistance comply with Civil Rights Act provisions. This effectively makes the Form RD-TX 442-9 a covenant running with the land, benefiting not just the immediate parties but also successive owners and the broader public by safeguarding utility services essential for rural living.
| Question | Answer |
|---|---|
| Form Name | Form Rd Tx 442 9 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | TX442 9 ROW easement fmha form |
Form
UNITED STATES DEPARTMENT OF AGRICULTURE
Rural Utilities Service
(General Type Easement)
KNOW ALL MEN BY THESE PRESENTS, that ____________________________________
(hereinafter called "Grantors"), in consideration of one dollar ($1.00) and other good and valuable consideration paid by ____________________________________________ (hereinafter called
"Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual easement with the right to erect, construct, install and lay and thereafter access and use, operate, inspect, repair, maintain, replace, upgrade, parallel and remove water distribution and/or sewer collection lines and appurtenances, over and across _________ acres of land, more particularly described in instrument recorded in Vol._____, Page
_____, Deed Records, _______________ County, Texas, together with the right of ingress and egress
over Grantor's adjacent lands for the purpose for which the above mentioned rights are granted. The easement hereby granted shall not exceed 15' in width, and Grantee is hereby authorized to designate the course of the easement herein conveyed except that when the pipeline(s) is installed, the easement herein granted shall be limited to a strip of land 15' in width, the center line thereof being the pipeline as installed.
Grantee shall have such other rights and benefits necessary and/or convenient for the full enjoyment and use of the rights herein granted, including without limitation, (1) the reasonable right of ingress and egress over and across lands owned by Grantor which are contiguous to the easement; (2) the reasonable right from time to time to remove any and all paving, undergrowth and other obstructions that may injure Grantee's facilities and appurtenances or interfere with the construction, maintenance, inspection, operation, protection, repair, alteration, testing, replacement, upgrading, relocation (as above limited), substitution or removal thereof; and (3) the rights to
In the event the easement hereby granted abuts on a public road and the county or state hereafter widens or relocates the public road so as to require the relocation of this water and/or sewer line as installed, Grantor further grants to Grantee an additional easement over and across the land described above for the purpose of laterally relocating said water and/or sewer line as may be necessary to clear the road improvements, which easement hereby granted shall be limited to a strip of land 15' in width, the center line thereof being the pipeline as relocated.
The consideration recited herein shall constitute payment in full for all damages sustained by Grantors by reason of the installation of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantor's premises. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantors covenant that they are the owners of the above described lands and that said lands are free and clear of all encumbrances and liens except the following:
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Form
Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular, the easement herein granted to Grantee, or Grantee's successors and assigns, against every person whomsoever claiming, or to claim, the same or any part thereof.
The easement conveyed herein was obtained or improved through Federal financial assistance. This easement is subject to the provisions of Title VI of the Civil Rights Act of 1964 and the regulations issued pursuant thereto for so long as the easement continues to be used for the same or similar purpose for which financial assistance was extended or for so long as the Grantee owns it, whichever is longer.
IN WITNESS WHEREOF the said Grantors have executed this instrument this ______day of
___________________, 20_____
____________________________________________
____________________________________________
ACKNOWLEDGMENT
(Individual)
STATE OF TEXAS |
§ |
COUNTY OF _____________ |
§ |
This instrument was acknowledged before me on ______________________ by
_________________________________.
(SEAL)
_________________________________
Notary Public, State of Texas