Replies to This Discussion

Permalink Reply by Eat Beef on November 3, 2008 at 15:45

Adubu, What's the latest on your ROW agreement? Have you been able to get any answers from the company?

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Permalink Reply by adubu on November 4, 2008 at 1:35

got it done all OK

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Permalink Reply by timmer007 on November 25, 2008 at 12:48

Try this
EASEMENT AND RIGHT OF WAY AGREEMENT
STATE OF LOUISIANA §
§ KNOW ALL MEN BY THESE PRESENTS
PARISH OF CADDO §
Grantor(s):









Grantee:
LOUISIANA MIDSTREAM GAS SERVICES, L.L.C.
P.O. Box 54915
Oklahoma City, OK 73154-0915

FOR AND IN CONSIDERATION of the sum of Ten and No/100 Dollars ($10.00), in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the undersigned Grantor (whether one or more), by these presents does hereby GRANT, BARGAIN, SELL and CONVEY unto LOUISIANA MIDSTREAM GAS SERVICES, L.L.C., an Oklahoma limited liability company, duly authorized to do business in the State of Louisiana as Grantee, its successors and assigns, all of the following:
1. Easement. A permanent and exclusive right of use, servitude, easement and right-of-way fifty feet (50’) in width (hereinafter called the “Easement”), being twenty-five feet (25’) on either side of the midline, together with all improvements located thereon, on, in, over, under, through and across Grantor’s land for the purpose of locating, establishing, constructing, laying, installing, operating, using, maintaining, inspecting, testing, protecting, cathodically protecting, repairing, assigning, restoring, renewing, reconstructing, replacing, substituting, changing, altering, converting, relocating within the Easement, changing the size of, and removing therefrom pipelines, together with such appliances, equipment and appurtenant facilities (above and below ground) as from time to time deemed by Grantee to be necessary, useful or convenient in connection with the use and convenient operation of the pipelines, for the transportation of oil, gas, petroleum products, fresh water, saltwater, or any other liquids, gases (including inert gases) or substances which can be transported through pipelines. The description of the Easement, the Easement location, and the land out of which the Easement is being acquired (“Grantor’s Land”), are described in Exhibit “A” attached hereto and made a part hereof for all purposes.
2. Temporary Construction Easements. Temporary construction rights of use, servitudes, easements and right-of-ways (hereinafter called “Temporary Construction Easements”), together with all improvements located thereon, on, in, over, under, through and across Grantor’s Land for the use and occupancy by Grantee, its agents, employees, contractors and subcontractors, only in connection with and during the original construction of any of the pipelines on the Easement. The Temporary Construction Easement shall automatically terminate and revert to the Grantor, free and clear of any right, title or interest in Grantee, upon whichever first occurs: (i) the completion of construction of the pipelines on the Easement; or (ii) upon one (1) year following the start of construction of the pipelines. The description of the Temporary Construction Easements, and the part of Grantor’s Land out of which the same is being acquired, are described in Exhibit “A” attached hereto and made a part hereof for all purposes, which may be amended from time to time.
3. Grantee Need for Additional Workspace. Grantor hereby expressly agrees that in the event the route of the pipelines to be constructed hereunder should cross any roads, railroads, creeks, or other waterways located on the above described land or other places requiring extra work space, or if the rights granted to Grantee hereunder require extra work space, then Grantee shall have the right and temporary access to additional working space which may be necessary, useful or convenient therefor, and Grantee agrees to pay Grantor any and all damages which Grantor suffers by reason of Grantee’s use of said additional work space.
4. Grantee Access. Grantee shall have the right of ingress and egress to and from Grantor’s Land, which right of ingress and egress, except as otherwise provided in this paragraph, shall be limited and confined to the boundaries of the Easement and to the boundaries of the Temporary Construction Easements while such Temporary Construction Easements remain in effect. Grantee shall also have the right, for ingress and egress purposes only, to use any road or roads located now, or in the future, on Grantor’s Land, and any gates located on such roads; provided, however, Grantee shall restore such roads and gates to substantially the same or better condition as the roads and gates were in prior to the use thereof by Grantee.
5. Grantee Right to Keep Clear Right of Way. Grantee shall have the right from time to time to cut all trees, undergrowth, and the other obstructions that, in its judgment, may injure, endanger or interfere with the exercise by Grantee of the rights, privileges and Easement herein granted and Grantee shall not be liable for damages caused on the Easement by keeping the Easement clear of trees, undergrowth and brush in the exercise of the rights herein granted. Notwithstanding any other rights and obligations stated herein, Grantor shall have no right to payment for damage to any trees under this section, included trees considered as a growing crop.
6. Grantee’s Cathodic Protection. Grantee shall have the right to cathodically protect the pipelines within the boundaries of the Easement, and to install and maintain above-ground pipeline markers, vent pipes, and cathodic protection devices, power poles and test leads within the boundaries of the Easement only at fence lines, property lines, creek crossings, road crossings, railroads and at any other location as required by law.
7. Pipeline Depth. The pipelines will be buried to a minimum depth of thirty-six inches (36”) below the surface of the ground at the time of construction and any then existing drainage ditches, creeks and roads, measured from the top of the pipe to the surface of the ground. At those locations where rock is encountered, the pipelines may be buried at a lesser depth.
8. Grantee Future Line Rights. Grantor and Grantee agree that should more pipelines be constructed and laid within the Easement after the initial construction period of said pipelines, Grantee shall then pay Grantor three dollars and no/100 cents ($3.00) per horizontal foot for each additional line so constructed and laid, in addition to the damages provided for elsewhere in this agreement.
9. Initial and Future Damages Caused by Grantee. Except as set forth in Paragraph 5 above and after the initial construction, Grantee agrees to pay Grantor for all future damages to livestock, crops, improvements or other property of Grantor permitted to be located on the Easement by the terms hereof where such damage is caused by Grantee or its agents, servants, employees, contractors or subcontractors in performing such future construction or other pipeline related activities on the Easement. Grantor agrees and understands Grantee’s consideration herein acknowledged and paid does include payment of and for all initial damages caused by the initial construction of the pipelines and appurtenances, if any, including temporary work space, crop, timber and land surface damages.
10. Restrictions on Grantor Use of Easement. Without prior, written consent of the Grantee, Grantor shall not construct or permit construction within the boundaries of the Easement, and Grantee shall have the right to prevent the construction within the boundaries of the Easement and the right to remove therefrom, any and all types and sizes of houses, barns, buildings, structures, permanent impoundments of water, and natural or man-made obstructions, including but not limited to trees, brush, roots and other growth. Grantor shall not, nor permit third parties to, change the grade of the land or remove the cover over the pipelines or excavate on or near the Easement without prior, written consent of the Grantee.
11. Grantor Reservation of Rights to Easement. Grantee does not acquire by this Easement and Right-of-Way Agreement, but expressly takes subject to and Grantor reserves to Grantor and to Grantor’s heirs, successors and assigns, each and all of the following rights in and to Grantor’s Land:
(1) All oil, gas, sulphur, uranium, fissional materials, and other minerals (“Grantor’s Minerals”) under the surface of the Easement to be acquired herein; provided, however, that Grantor shall not be permitted to explore, drill, mine, produce or operate for Grantor’s Minerals on the surface of the Easement, but will be permitted to extract Grantor’s Minerals from under the Easement by directional drilling or other means, from land located outside the boundaries of the Easement, so long as Grantee’s use of the Easement for the purposes set forth herein is not disturbed and the pipelines and facilities located thereon are left with proper, sufficient and permanent support and are not endangered, obstructed, injured or interfered with; and
(2) The right to pass back and forth across the Easement on foot or in passenger cars and trucks; the right to plant, grow and harvest crops and gardens thereon and graze livestock on the Easement.
12. Grantee Withholding of Certain Taxes. The Internal Revenue Code provides that a Grantee of a real property interest in the United States must withhold tax if the Grantor is a foreign person. Each Grantor hereby certifies under oath and subject to penalties of perjury that such Grantor is not a foreign person, foreign corporation, foreign trust or foreign estate, for purposes of Internal Revenue Code compliance.
13. Special Provisions.






14. Grantee Assignment. Grantee, and Grantee’s successors and assigns, have the right to assign or transfer this Easement and Right of Way Agreement, and all rights granted or created herein, in whole or in part to or among one or more persons, with each such person having the full rights and privileges herein granted, to be owned and enjoyed either in common or in severality.
15. Related Defaults by Grantor. In the event of default of payment by Grantor of any mortgage, deed of trust, taxes or any amount secured by line on the above described lands, the Grantee shall have the right, but not the obligation, at any time, to redeem for Grantor said lands described above and, upon such redemption, Grantee shall be subrogated to the rights of the holder of such mortgage, deed of trust or other line with respect to said lands.
16. Binding Effect. The terms and conditions hereof shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, devisees, successors, and assigns.
17. Entire Agreement. Subject to the terms hereof, Grantee shall have all other rights and benefits necessary, convenient or useful for the full and complete enjoyment and use of the Easement for the purposes stated herein, including the right to all subsurface lateral support on other adjoining lands of Grantor that are necessary to maintain the pipeline. This document fully sets forth the terms and conditions mutually agreed to by the parties and there are no other oral or written agreements between the Grantor and Grantee which modify, alter or amend this Easement and Right-of-Way Agreement.
TO HAVE AND TO HOLD the Easement together with all and singular the rights, privileges and appurtenances thereto in anywise belonging unto Grantor, its successors and assigns, forever. The Easement, as such, shall run with the land and be binding upon, inure to the benefit of, and be enforceable by Grantee and its successors and assigns forever. Accordingly, Grantor does hereby bind Grantor, Grantor’s heirs, successors and assigns to warrant and forever defend all and singular the Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Subject to the Louisiana law concerning termination for 10 years non-use, non-use or limited use of the rights granted in this document shall not prevent the Grantee from later use of the rights granted herein, and the rights granted in this document may only be abandoned by Grantee through the use of a written statement indicating Grantee's clear intention to abandon certain rights, and only such rights clearly indicated as being abandoned in such written statement shall be abandoned, with all other rights granted herein reserved to Grantee, its successors and assigns. Upon such termination of the rights granted herein, Grantee shall have the right to remove the pipeline and associated equipment within a period of one year from such termination and shall reasonably restore the surface as near as practicable to its natural state.
EXECUTED this day of , 2008.

[INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE]











IN WITNESS WHEREOF, Grantor has hereunto set its hand this ___ day of _________20YY.

WITNESSES: GRANTOR:

Sign:
Print: GRANTOR NAME

Sign:
Print:





DIRECT ACKNOWLEDGMENT


STATE OF LOUISIANA §

PARISH OF §

On this day of 20 , before me, the undersigned Notary, personally appeared known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that _he_ executed the same for the purposes therein contained.

SWORN TO AND SUBSCRIBED before me on this day of , 20 .



Notary Signature

My commission expires: Print Name & Notary I.D # or State Bar #

Notary Public in and for Parish, LA




INDIRECT ACKNOWLEDGMENT

STATE OF LOUISIANA )

PARISH OF )

BEFORE ME, the undersigned authority, this day personally appeared to me personally know to be the identical person(s) whose name(s) is/are subscribed to the foregoing instrument as an attesting witness who being first duly sworn, on his oath says: that he subscribed his name to the foregoing instrument as a witness, and that he knows to be the identical person(s) described in said instrument, and who executed the same, and saw (him) (them) sign the same as (his) (their) voluntary act and deed, and that he, the undersigned signed his name to the same at the same time as an attesting witness.




Attesting Witness
AGENT NAME

SWORN TO AND SUBSCRIBED before me on this day of , 2008.



Notary Signature

My commission expires: Print Name & Notary I.D # or State Bar #
Notary Public in and for Parish, LA



EXHIBIT “A”
[TO BE ATTACHED]

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Permalink Reply by Eric Camp on November 25, 2008 at 17:07

That's a Chesapeake Right-of-Way. Just FYI....

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Permalink Reply by Raybies on November 26, 2008 at 0:57

A couple of things. In my experience, most of the ROW agents don't know what they are talking about in regard to land, easements, etc. They are just looking to close you, at the lowest amount, and getting together with your neighbors often pushes them to just "go around."

Second, it is NEVER too late for the gas companies to not use your land. Chesapeake has hundreds (maybe thousands) of easements in the Barnett they will never use. The ROW agents were given bonus' to close the property, they didn't care if the adjacent landowners wouldn't sign.

Dealing in sq footage or ultimately acres is the easiest way to negotiate. Your easements can be anywhere from 15' to 80' wide depending on the use. To go strictly by length is to talk apples while selling oranges if you catch my drift.

Before signing anything, make sure you see a copy of the exhibit that is going to be filed, regarding the easement. If not, they could go "cross country" instead of following the edges. Chances are this would render your property useless.

All of this message is in relation to my experience with the Barnett shale in Texas. I would imagine these rules generally apply to most anywhere in one form or another.

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Permalink Reply by The_Baron on November 26, 2008 at 4:19

Buying by the rod is standard practice. I would expect a higher prices for wider row's.

And as far as the timing of pipeline row use, simply have a clause in the agreement that states the row will expire after a certin amount of time if it is not used.

Any legitimate row agreement will have a plat, the agreement itself should refer to the plat.

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Permalink Reply by Bobi Carr ("parker") on December 29, 2008 at 21:54

pumpitpumppumpit,

The price would be determined by many factors.

1. What type of ROW is it? (Interstate, flowline, saltwater, etc.)

2. Where the property is located. (The 3 most important factors that affect
the price of real estate and therefore ROWs is location, location, location).

3. Do they have the right of eminent domain?

4. Have you granted them the right to install a ROW as a covenant of your
lease?

5. What you plan to do with the property in the future.

6. Is it timber property?

and many other questions. There is no "true" one size fits all answer.

Check with your neighbors.

Also look under the pdf files and view Eric Camp's pipeline negotiation suggestions.

And read everything you can find on this site. Check the search bar at the far upper right hand corner. That should keep you busy for at least a week.

But be forewarned, if you read very much on this site, you may become addicted. I am the founding member of GHS anonymous.

Serious business, ask questions and most of the members will help you to the best of their ability.

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Permalink Reply by The_Baron on December 31, 2008 at 5:43

As a side note Parker, I spoke with a gentleman yesterday who just negociateda ROW with CHK. They are paying timber damages (how much he wouldn't say, but he is happy with the $$) on the whole ROW, whether timber is there or not.

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Permalink Reply by Henry on July 21, 2009 at 0:36

Unless I really, really need the money, why would I want a pipeline going across my property? This pipeline might be there for 50 years (or more). It can make it difficult to sell or develop the land. I cannot predict what that land will be used for in 50 years, so why would I want to burden the land with a pipeline now? I don't get it.

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Permalink Reply by The_Baron on July 21, 2009 at 3:03

Can't sell gas without a pipeline. If you can't get the gas from the wellhead to market, why drill a well??

Get it now?????

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Permalink Reply by Mac Davis on July 21, 2009 at 7:18

What if the pipeline doesn't serve a well you get profits from? Or if you don't get any mineral revenue at all?

Instead of leasing land for a pipeline, do the companies ever offer to simply buy the land in question?

It seems to me that, barring some other financial benefit, you'd be insane to permit a pipeline to be laid unless they pay you the full value of the land in question, including the value of a decent size strip of land on either side of the pipeline. You lose the use of the land for almost anything other than grazing or deer hunting. It will make it difficult to sell in the future. The value of the rest of your land may go down, because buyers don't want to buy land near a pipeline.

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Permalink Reply by Randy on July 21, 2009 at 8:12

I'd also point out that it may be land that you bought for significantly less years ago. The amount they want for a 50 ft strip down the edge of the property could be more than you what you paid for the property. Or what your father paid for it, etc.

I'd much rather have a couple of ten thousand dollars than some empty land with no real development value for the foreseeable future. I could put that money to work.

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