Replies to This Discussion

Permalink Reply by 0l1a6laz7smpf on September 3, 2010 at 4:16pm

Hi Polly,
I also would like to know more about the answers to your discussion...here . So I encourage others to reply if they can share any info.

Permalink Reply by Ernie Stewart on September 6, 2010 at 5:30am

In my experience, if it is a gathering line, you do not have to let them come across your property. Now 8 dollars a linear foot seems to be about the going rate for these pipelines ........... But so was $65 an acre, for signing rights, at one time also! It amounts to what you think your land is worth to be tied up, perhaps for the rest of your lifetime. Also watch for the right to put other lines and utilities in there too.

Permalink Reply by 0l1a6laz7smpf on September 6, 2010 at 12:49pm

thank you Ernie...good info and certainly good wisdom. That last bit of info I wouldn't have thought of.

Permalink Reply by Ernie Stewart on September 7, 2010 at 1:26am

I have a Microsoft Word document that I am using in a ROW discussion with SW that I will share with anyone who is interested. They don't like the money part, I'm sure, but there is a lot of boiler plate to be used by others.

Permalink Reply by grayhairedgrandpa on September 9, 2010 at 12:39am

Ernie, I sent you a personal message with my email address regarding your Word document. Check your inbox.

Permalink Reply by Ernie Stewart on September 9, 2010 at 1:24am

Here is the document for those of you who don't use MS Word. Take it for what it's worth.



Angelina Gathering Company, L.L.C.

Right-of-Way – Special Considerations

Job Number:

Job Title:

Property Owner:
Township
County: BRADFORD

　

1. Angelina Gathering Company agrees to pay twenty dollars per linear foot for right of way.

2. Angelina Gathering Company agrees to repair any fence damage caused by pipeline construction.

3. Grantee and Grantor agree that prior to the removal of any mark able timber resulting from Grantee’s operations under the terms of this easement agreement, an appraisal must be constructed by a third party forester and Grantee shall pay Grantor the said value prior to harvesting. All timber (5”) inches in diameter shall be trimmed of brush and tops and stacked along the right of way for removal as to Grantors wishes. Grantee understands that stacks shall not exceed 5 feet tall. This shall not be a continuous wall of brush. All stumps will be placed neatly with roots facing up. This timber shall be cut into lengths determined by the forester harvesting the crop

4. Angelina Gathering Company will re-seed and restore/clean up right of way.

5. Angelina Gathering Company agrees after installation of pipeline to pick up rocks on pipeline right of way, so that it can be mowed in pasture areas and bushogged in wooded areas.

6. Angelina Gathering Company agrees to separately stack the topsoil and subsoil and replace it as near to it’s original condition as possible. The spreading of topsoil shall be undertaken at a time of the year agreed by the grantor. Grantee shall take a good effort to spread topsoil when said soil is dry and weather conditions are such that topsoil will not be compacted.

7. Angelina Gathering Company agrees to pay seventy cents per linear foot for hay damages resulting from pipeline construction.

8. Angelina Gathering Company agrees to remove stone wall along right of way area by hand and after construction and restoration of right of way is complete to replace stone wall by hand along right of way area to as close as possible to original condition.

9. Angelina Gathering Company agrees to pay landowner two thousand dollars ($2,000.00) for temporary workspace for a bore across a road and agrees to restore and clean up temporary right of way after construction.

10. Angelina Gathering Company agrees to remove pipeline and all facilities at Grantors request when right of way ceases to be used any longer for its intended purposes. In the event Angelina Gathering Company assigns this Pipeline Right of Way Grant, Grantor agrees that such assignee shall be solely responsible for the removal of the pipeline and all facilities, and that Angelina Gathering Company shall have no further responsibility under this section.

11. Angelina Gathering Company agrees to pay landowner four cents (0.04 cents) per square foot for blue stone damages on part of right of way. Land affected by blue stone damages is described in deed document Volume 14 Page 798 and by Tax identification number 44-078.00-026-000-000.

12. Angelina Gathering Company agrees that in the event said right of way ceases to be used for its intended purposes for a consecutive twenty four month period, said right of way will revert back

to the Grantor.

13. Grantee understands and agrees that it is obligated to :

 Seeding Requirements (per Acre) to obtain 80% coverage of vegetation

o 40 pounds – Annual Rye Grass

o 4 pounds – Blue Grass

o 12 pounds – Birdfoot Trefoil – with inoculants

o 2 pounds – White Clover – with inoculants

o 2 Bushels – Oats (Spring) Wheat (Fall)

 Fertilizer Requirements (per acre)

o 500 pounds – 10-20-20

 Lime Requirements (per acre)

o 2 tons – pulverized cal-ag lime

 Mulch Requirements (per acre)

o 2 tons – Hay or straw

14. Angelina Gathering Company agrees to pay damages to landowner for any additional pipeline installed in right of way, and to negotiate with landowner for damages of the additional pipeline.

15. Angelina Gathering Company agrees to be responsible for any damage to landowner’s well water that is affected by pipeline construction and restoration of right of way. Landowner agrees to allow Angelina Gathering Company to conduct a flow and water quality test, if deemed necessary, prior to pipeline construction.

　

16. No valves, meters, regulators, stations, or any other above above-ground devices or structures shall be installed or constructed on the premises, including the right of way granted herein, excepting line markers and vents along public roads or other facilities as may be required by statute or rules and regulation of any regulatory body having jurisdiction of these pipeline activities

　

　

17. Grantee shall release, indemnify, defend and hold harmless Grantor from and against any and all claims (including reasonable attorney's fees in defense thereof) arising out of or in connection with loss or damage to real or personal property or personal injury or death suffered by any person or entity, including Grantee’s employees, contractors of any tier, agents or representatives, arising out, resulting from or attributable to Grantee’s operations within or use of the right of way granted hereunder, without regard to the cause or causes thereof including the sole, concurrent, active or passive negligence of Grantor (but not to the extent of Grantor’s gross negligence or willful misconduct).

18. Angelina Gathering Company agrees to place right of way along route agreed upon by Angelina Gathering Company and landowner prior to the right of way survey being released for construction.

19. Angelina Gathering Company agrees to pay landowner equal to the highest amount paid per linear foot to any other landowner for the pipeline right of way for this route, and also the highest comparable amount per linear foot or square foot (as stated in landowner’s special consideration document) for any applicable damages for this route.

20. Grantee agrees that if and when any penalty, rollback or recapture of tax abatements created or imposed under any governmental program such as, but not limited to CREP, CRP and CLEAN and GREAN that is levied on Grantor solely as a result of Grantee’s operation on leased premises, Grantee will reimburse Grantor upon written request and copy of the penalty notice.

21.The pipeline shall be buried six (6’) feet deep. Depth measurements start at the top of the pipeline, ending with original contour of the surface. The grantee shall

determine weather the pipeline must be buried more than six feet to prevent damages to the pipeline

22. This right of way, shall not be sub leased to utilities, or any other company without the Grantor’s consent, other than Angelina’s parent company.

It is agreed that neither party hereto is relying upon any oral or written information or representations made by the other prior to the signing of the easement unless expressly provided herein, and that the easement constitutes the entire agreement between the parties and same shall not be hereafter amended or modified unless reduce to writing and signed by the parties hereto.

R/W Agent: Date:

Property Owner(s): Date:

Property Owner(s): Date:

(To be completed by Inspector or Construction Supervisor.)

Remarks: CONTACT LANDOWNER BEFORE ENTERING PROPERTY AND STARTING CONSTRUCTION. ______________




　

Date: By:

　

　

　

　

　

Permalink Reply by 0l1a6laz7smpf on September 9, 2010 at 5:44am

thank you so much for sharing that...it will be helpful when presented with a lease from the pipeline company to know what kind of provisions should be/ or are available for those kind of documents.

Permalink Reply by Rob Thompson on September 14, 2010 at 3:32am

$8/ft is aligned with what my wife and I agreed to about 1 1/2 years ago. You should be compensated for construction damages as well. Our agreement included $1,500/acre provision for this. Good luck!

Permalink Reply by Ernie Stewart on September 14, 2010 at 2:10pm

Just read on another forum that $15 a foot was agreed to in Tioga, Pa.