First of all, Do not grant survey permission!
This is your first line of defense, it will be hard to condemn a parcel of land without a valid survey of the topography of the land.
The proposed Colonial project is driven by economics and potential environmental and routing concerns have been addressed and properly budgeted, however the following items have not been budgeted or planned and could cause the board to cancel the project!
If you are brought into court, here are the TOP 10 ITEMS that should be requested within the easement prior to your execution of document:
1. Request Double Ditching during pipe installation this is the removal of top soil and reserved from the fill dirt and placed back as the top soil - very expensive from a construction standpoint.
2. Limit Construction hours from 8:00am - 5:00pm Monday - Friday for privacy.
3. No Additional Line Rights (ALR) - will aid in elimination of future pipelines within the existing Right-of-Way (R/W).
4. Request a one time Relocation clause at Colonial's expense for future development of sale of property.
5. Limit Permanent Easement to 30 feet - with a metes and bounds easement described and provided on a certified plat by a registered land surveyor.
(Wider easements are for future expansion not required for maintenance as stated, there are several areas that the existing pipelines are in a 30 foot easement)
6. Limit Temporary Workspace to 25 feet and good for one year from the date of execution of easement.
7. Demand as-built drawings of pipeline showing horizontal and vertical alignment with X,Y & Z coordinates for pipeline alignment with an accuracy level of a first order survey, drawing must be stamped by a registered land surveyor.
8. Demand heavy wall pipe the same used in environmentally sensitive areas and residential areas.
9. Request that pipe must have minimum amount of cover of 60" and must be maintained by Colonial at all times throughout the operation of pipeline.
10. No rock larger than 18 inch in diameter to be utilized as backfill.
Should Colonial not want to meet these conditions, ask them to purchase the R/W in fee, after all they are the
ones making the money and you will be paying for the property.
