Surface Damage Payment Addendum
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Date:
Grantor:
Grantee:
Easement Property:
Real Property:
Easement Agreement:
This Surface Damage Payment Addendum modifies the Easement Agreement. Terms defined in the Easement Agreement have the same meaning in this Addendum. The terms of the Easement Agreement that are not modified by this Addendum remain in effect.
1.Damage Payments. Grantee agrees to pay Grantor, in addition to any other consideration paid for the Easement, the following amounts as damages for use of the Easement Property:
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The following are examples of possible damage provisions. |
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Item for Which Payment Is Due |
Amount of Payment Due |
Time Payment Due |
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Water well location other than test well or monitoring wells (on area not larger than 1 acre), compensation will be $[amount] for each additional acre occupied |
$[amount] per location |
Before drilling or construction |
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Sanitary Control Easement |
$[amount] per location |
Before drilling or construction |
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Pumping plant sites, including tank battery and related Facilities (on area not larger than [number] acres), compensation will be $[amount] for each additional acre occupied; if water wells and pumping plant sites are installed at the same location, Grantee will pay separate damages for each |
$[amount] per location |
Before construction |
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Aboveground pipeline appurtenances, including tank batteries if not on well site or pumping plant site (except for signs required by law) (on area not larger than [number] acres), compensation will be $[amount] for each additional acre occupied |
$[amount] per location except $[amount] per air valves |
Before construction |
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Use of existing roads on Real Property |
$[amount] per [rod/linear foot] |
Before construction of Facilities |
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Pipelines (underground) |
$[amount] per [rod/linear foot] |
Before beginning of ditching for pipelines |
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New roads constructed by or on behalf of Grantee |
$[amount] per [rod/linear foot] |
Before beginning construction of road |
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Electric or communications lines placed on Real Property |
$[amount] per [rod/linear foot] |
Before construction of Facilities |
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Fences—removal |
$[amount] per [rod/linear foot] |
Before beginning construction |
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Fences—new |
$[amount] per [rod/linear foot] |
Before beginning construction |
2.Injury to Grantor’s Property. Grantee will be liable and will promptly provide reasonable compensation to Grantor for any damage to Grantor’s improvements, livestock, or real or personal property caused by the negligence of Grantee, its employees, agents, invitees, representatives, or contractors while performing services or acts on the Real Property. The amount of damages will be determined in accordance with the provisions of paragraph 24. of the Easement Agreement.
3.Injury to Grantee’s Property. Grantor will be liable and will compensate Grantee for any damage to Grantee’s Facilities or real or personal property caused by the negligence of Grantor, its employees, agents, invitees, representatives, or contractors. The amount of damages will be determined in accordance with the provisions of paragraph 24. of the Easement Agreement.
4.Interest. Amounts owing under this agreement that are not paid when due will accrue interest at the highest interest rate allowed by applicable law.
[Name of grantor]
[Name of grantee]
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Include acknowledgment. |