PIPELINE RIGHT-OF-WAY AND EASEMENT AGREEMENT

Agreement Number: [________________________________]

Date of Agreement: [__/__/____]

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PARTIES

GRANTOR (Landowner):

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Phone: [________________________________]

Email: [________________________________]

GRANTEE (Pipeline Company):

Company Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Phone: [________________________________]

Email: [________________________________]

FERC Certificate No. (if applicable): [________________________________]

PHMSA Operator ID: [________________________________]

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RECITALS

WHEREAS, Grantor is the owner of certain real property located in [________________________________] County, State of [________________________________];

WHEREAS, Grantee operates or intends to construct and operate a pipeline for the transportation of [________________________________];

WHEREAS, Grantee requires a right-of-way and easement across Grantor's property for such pipeline;

WHEREAS, Grantor is willing to grant such easement on the terms and conditions set forth herein;

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

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ARTICLE 1: PROPERTY DESCRIPTION

1.1 Legal Description of Property

The property owned by Grantor is legally described as:

[________________________________]

[________________________________]

[________________________________]

1.2 Parcel Identification

Parcel Number(s): [________________________________]

Tax Map Reference: [________________________________]

1.3 County and State

County: [________________________________]

State: [________________________________]

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ARTICLE 2: GRANT OF EASEMENT

2.1 Permanent Easement

Grantor hereby grants to Grantee, its successors and assigns, a permanent easement and right-of-way over, under, across, and through the property for the purposes described herein, in the location depicted on Exhibit A (the "Permanent Easement Area").

2.2 Easement Dimensions

Measurement	Dimension
Permanent Easement Width	[________] feet
Centerline Offset (if any)	[________] feet
Approximate Length	[________] feet
Total Permanent Easement Area	[________] square feet / acres

2.3 Temporary Workspace Easement

Grantor grants Grantee a temporary easement for additional workspace during construction in the area depicted on Exhibit A (the "Temporary Workspace Area").

Measurement	Dimension
Temporary Workspace Width	[________] feet
Total Temporary Workspace Area	[________] square feet / acres
Duration of Temporary Easement	[________] months from construction start

2.4 Depth of Easement

☐ Surface to [________] feet below surface

☐ All depths

☐ Minimum burial depth: [________] feet (more in cultivated areas)

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ARTICLE 3: PURPOSE AND RIGHTS GRANTED

3.1 Pipeline Type

This easement is granted for the installation and operation of:

☐ Natural gas transmission pipeline

☐ Natural gas distribution pipeline

☐ Crude oil pipeline

☐ Refined petroleum products pipeline

☐ Natural gas liquids (NGL) pipeline

☐ Carbon dioxide pipeline

☐ Hydrogen pipeline

☐ Water pipeline

☐ Other: [________________________________]

3.2 Pipeline Specifications

Specification	Value
Nominal Pipe Diameter	[________] inches
Maximum Operating Pressure	[________] psig
Pipe Material	[________________________________]
Coating Type	[________________________________]

3.3 Rights Granted

Grantee shall have the right to:

☐ Install: Survey, construct, install, and lay the pipeline and appurtenant facilities

☐ Operate: Operate and use the pipeline for transportation of covered substances

☐ Maintain: Inspect, test, maintain, repair, and protect the pipeline

☐ Replace: Replace, relocate, or remove the pipeline

☐ Upgrade: Upgrade or expand capacity (within easement limits)

☐ Access: Ingress and egress over the property to access the easement

3.4 Appurtenant Facilities

Grantee may install the following appurtenant facilities within the easement:

☐ Valves and valve assemblies

☐ Pig launchers/receivers

☐ Cathodic protection equipment

☐ Pipeline markers and warning signs

☐ Communication lines and equipment

☐ Metering equipment

☐ Pressure regulation equipment

☐ Other: [________________________________]

3.5 Above-Ground Facilities

☐ No above-ground facilities permitted within easement

☐ Above-ground facilities permitted as follows: [________________________________]

☐ Above-ground facilities to be located at: [________________________________]

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ARTICLE 4: CONSTRUCTION

4.1 Notice of Construction

Grantee shall provide Grantor with [________] days advance written notice before commencing construction.

4.2 Construction Method

☐ Open-cut/trenching

☐ Horizontal directional drilling (HDD)

☐ Boring

☐ Combination

☐ Other: [________________________________]

4.3 Construction Standards

Grantee shall construct the pipeline in accordance with:

☐ 49 C.F.R. Part 192 (Natural Gas)

☐ 49 C.F.R. Part 195 (Hazardous Liquids)

☐ ASME B31.4 / B31.8

☐ API standards

☐ State pipeline safety regulations

☐ All applicable laws and regulations

4.4 Topsoil Handling

☐ Grantee shall strip and stockpile topsoil separately

☐ Topsoil shall be replaced on top during restoration

☐ Minimum topsoil replacement depth: [________] inches

4.5 Drainage

Grantee shall:

☐ Maintain existing drainage patterns

☐ Install drain tiles where existing tiles are damaged

☐ Repair or replace any damaged drainage structures

4.6 Crossing Structures

For crossings of roads, streams, or other features:

☐ Boring/HDD required for: [________________________________]

☐ Minimum depth of cover at crossings: [________] feet

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ARTICLE 5: COMPENSATION

5.1 Right-of-Way Payment

Grantee shall pay Grantor the following compensation:

Payment Type	Amount	Basis
Permanent Easement	$[________]	Per rod / linear foot / acre / lump sum
Temporary Workspace	$[________]	Per rod / linear foot / acre / lump sum
Total Payment	$[________]

5.2 Payment Schedule

☐ Full payment upon execution

☐ Payment within [________] days of execution

☐ Payment upon completion of construction

☐ Installment payments: [________________________________]

5.3 Damages

In addition to the above payment, Grantee shall compensate Grantor for:

Crop Damages:

☐ Market value of damaged crops

☐ Fixed rate of $[________] per acre

☐ Determined by independent appraiser

Timber Damages:

☐ Stumpage value of timber removed

☐ Fixed rate of $[________] per acre

Damage to Improvements:

☐ Cost of repair or replacement for fences, buildings, roads, etc.

Diminution in Property Value (if applicable):

☐ As determined by appraisal

☐ Not applicable

5.4 Annual Payment (if applicable)

☐ Not applicable - one-time payment

☐ Annual payment of $[________] payable on: [________________________________]

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ARTICLE 6: RESTORATION

6.1 General Restoration

Following construction, Grantee shall:

☐ Restore the surface to as near original condition as practicable

☐ Replace topsoil to original depth

☐ Remove rocks and debris brought to the surface

☐ Reestablish drainage patterns

☐ Reseed disturbed areas with approved seed mix

6.2 Agricultural Land Restoration

For agricultural land, Grantee shall:

☐ Decompact subsoil

☐ Replace drain tiles

☐ Restore terraces and waterways

☐ Complete restoration within [________] growing season(s)

6.3 Restoration Timeline

Restoration shall be substantially completed within [________] days after pipeline installation, weather permitting.

6.4 Restoration Guarantee

☐ Grantee guarantees restoration for [________] years

☐ Grantee shall remedy any settling, erosion, or other restoration issues during guarantee period

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ARTICLE 7: GRANTOR'S RESERVED RIGHTS

7.1 General Use

Grantor reserves the right to use the surface of the easement area for any purpose that does not:

☐ Interfere with Grantee's pipeline or operations

☐ Endanger the pipeline

☐ Violate pipeline safety regulations

7.2 Permitted Activities

Grantor may:

☐ Farm and cultivate over the pipeline

☐ Graze livestock

☐ Cross the easement with vehicles and equipment

☐ Install fences (with gates at Grantee's designated crossing points)

7.3 Prohibited Activities

Grantor shall not, within the easement area:

☐ Construct buildings or permanent structures

☐ Plant trees or deep-rooted vegetation

☐ Excavate or change grade without Grantee's consent

☐ Pile materials or store heavy equipment over the pipeline

☐ Install ponds or water features

☐ Blast or use explosives

☐ Install underground structures or utilities without prior approval

7.4 One-Call Requirement

Before excavating within or near the easement, Grantor shall contact the appropriate One-Call notification system:

☐ Call 811 at least [________] days prior to excavation

☐ Contact Grantee directly at: [________________________________]

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ARTICLE 8: GRANTEE'S OBLIGATIONS

8.1 Pipeline Markers

Grantee shall install and maintain pipeline markers in accordance with 49 C.F.R. Part 192/195, including:

☐ At road, railroad, and waterway crossings

☐ At property boundaries

☐ At regular intervals along the easement

8.2 Depth of Cover

Grantee shall maintain minimum depth of cover:

Location	Minimum Depth
Normal areas	[________] inches
Cultivated/agricultural	[________] inches
Road crossings	[________] inches
Drainage ditch/waterway crossings	[________] inches

8.3 Notification to Grantor

Grantee shall notify Grantor:

☐ [________] days before routine maintenance activities

☐ As soon as practicable for emergency repairs

☐ Of any known leaks or safety concerns

8.4 Access

Grantee's access shall be:

☐ Via existing roads where practicable

☐ At locations designated in Exhibit A

☐ During reasonable hours (except emergencies)

8.5 Gates

☐ Grantee shall install and maintain gates where the easement crosses fences

☐ Grantee shall leave gates as found (open or closed)

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ARTICLE 9: SAFETY AND EMERGENCY RESPONSE

9.1 Emergency Contact

Grantee's 24-hour emergency contact: [________________________________]

9.2 Emergency Response

In case of emergency, Grantee may access the easement without prior notice.

9.3 Safety Information

Grantee shall provide Grantor with:

☐ Pipeline safety brochure

☐ Emergency contact information

☐ Information on recognizing pipeline leaks

9.4 Grantor's Emergency Obligations

In case of suspected leak or damage to pipeline, Grantor shall:

☐ Leave the area immediately

☐ Call Grantee's emergency number

☐ Call 911 if necessary

☐ Not attempt to operate any pipeline valves

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ARTICLE 10: LIABILITY AND INDEMNIFICATION

10.1 Grantee's Liability

Grantee shall be responsible for:

☐ Damage to Grantor's property caused by Grantee's operations

☐ Personal injury caused by Grantee's negligence

☐ Environmental contamination from pipeline releases

10.2 Indemnification

Grantee shall indemnify, defend, and hold harmless Grantor from claims arising from:

☐ Installation, operation, or maintenance of the pipeline

☐ Releases or spills from the pipeline

☐ Grantee's negligence or willful misconduct

☐ Grantee's employees, agents, or contractors

10.3 Grantor's Indemnification

Grantor shall indemnify Grantee from claims arising from:

☐ Grantor's damage to or interference with the pipeline

☐ Grantor's negligence or willful misconduct

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ARTICLE 11: INSURANCE

11.1 Required Insurance

Grantee shall maintain:

Type	Minimum Coverage
Commercial General Liability	$[________] per occurrence
Property Damage	$[________]
Environmental/Pollution Liability	$[________]
Workers' Compensation	Statutory limits

11.2 Additional Insured

☐ Grantor shall be named as additional insured

11.3 Proof of Insurance

Grantee shall provide certificates of insurance upon request.

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ARTICLE 12: TERM AND ABANDONMENT

12.1 Duration

☐ Perpetual Easement: This easement shall be perpetual.

☐ Term Easement: This easement shall continue for [________] years.

12.2 Abandonment

If Grantee permanently abandons the pipeline:

☐ Grantee shall notify Grantor in writing

☐ Pipeline shall be:

☐ Removed at Grantee's expense

☐ Abandoned in place in accordance with regulations

☐ Transferred to Grantor (at Grantor's option)

☐ Grantee shall record a release of easement

12.3 Effect of Abandonment

Upon abandonment:

☐ Easement shall terminate

☐ Grantee shall restore the surface (if pipeline removed)

☐ Grantor resumes full use of property

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ARTICLE 13: ASSIGNMENT

13.1 Right to Assign

Grantee may assign this easement:

☐ Without Grantor's consent

☐ With prior written notice to Grantor

☐ To qualified pipeline operators only

13.2 Binding Effect

This easement shall run with the land and bind successors and assigns.

13.3 Notice of Assignment

Grantee shall provide written notice of assignment within [________] days.

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ARTICLE 14: GENERAL PROVISIONS

14.1 Recording

This agreement shall be recorded in the [________________________________] County records.

14.2 Notices

All notices shall be in writing and sent to addresses above.

14.3 Governing Law

This agreement shall be governed by the laws of [________________________________].

14.4 Entire Agreement

This agreement constitutes the entire agreement between the parties.

14.5 Amendments

Amendments must be in writing signed by both parties.

14.6 Severability

Invalid provisions shall not affect remaining provisions.

14.7 Counterparts

May be executed in counterparts.

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ARTICLE 15: SPECIAL PROVISIONS

[________________________________]

[________________________________]

[________________________________]

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EXHIBITS

☐ Exhibit A: Plat/Survey of Easement Area

☐ Exhibit B: Construction Specifications

☐ Exhibit C: Restoration Plan

☐ Exhibit D: Certificate of Insurance

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SIGNATURES

GRANTOR:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

CO-GRANTOR (if applicable):

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

GRANTEE:

Signature: [________________________________]

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

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ACKNOWLEDGMENT

GRANTOR ACKNOWLEDGMENT

State of [________________________________]

County of [________________________________]

On this [____] day of [________________], 20[____], before me personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies).

Notary Public: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

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GRANTEE ACKNOWLEDGMENT

State of [________________________________]

County of [________________________________]

On this [____] day of [________________], 20[____], before me personally appeared [________________________________], known to me to be the [________________________________] of [________________________________], and acknowledged that he/she executed the foregoing instrument on behalf of said company.

Notary Public: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

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This Pipeline Right-of-Way Agreement template is provided for informational purposes only. Pipeline easements involve complex property, safety, and environmental considerations. Consult with qualified legal counsel before execution.