Utility Week 2023
December 12 – 14, 2023
Utility Week 2023
December 12 – 14, 2023
Understanding Utility Easements
Daniel Ibarra, R.P.L.S./P.E.
ELP District Surveyor
Track 1 Session 1
Day 2 - 12/13/2023
Utility Week 2023
December 12 – 14, 2023
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DISCLAIMER
The views and opinions expressed during
the Utility Week 2023 are those of the
presenters, panelist, and moderators and
do not necessarily reflect the official policy
or the position of the Texas Department of
Transportation.
Utility Week 2023
December 12 – 14, 2023
3
PLEASE TAKE YOUR
SEATS
FILL IN ALL REMAINING SEATS
Utility Week 2023
December 12 – 14, 2023
4
PLEASE SILENCE
ELECTRONICS AT THIS
TIME
Utility Week 2023
December 12 – 14, 2023
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• El Paso District Land Sur veyor
• B.S. in Civi l Engineering from UTEP
• With TxDOT for just over 1 year
• Licensed PE and RPLS with the State of Texas
• Worked for The El Paso County Road and B ridge
Department
• Performed Land Surveying Services for multiple pri vate
and public utility companies
• 15 years as a licensed land surveyor
• Wri tten numerou s l egal descriptions for the purpose
of recording new u tility right o f ways and easements.
• He has done extensive boundary surveying,
construction staking, and as-built surveying for utility
infrastructures.
Presenter: Daniel Ibarra
Utility Week 2023
December 12 – 14, 2023
Table of contents
What is a Utility Easement
Utility "Fee Simple "ROW
Reading Deeds and Easements
Reading Metes and Bounds Descriptions
Other Types Of Easement Descriptions
Coordination
Available Tools
1
2
3
4
5
6
7
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Utility Week 2023
December 12 – 14, 2023
What is a Utility Easement?
A utility easement grants a party the right to
use a property for utility infrastructure.
Property ow
ners maintain ownership but can't
hinder the designated use.
It's co
mmon for utility easements to be
documented in property deeds.
They e
nsure ongoing access for utility
companies even if the property changes hands.
Property ow
ners must be aware of easements,
impacting land use and development.
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Utility Week 2023
December 12 – 14, 2023
What is a Utility "fee simple" ROW?
"Fee simple" indicates absolute ownership of property, granting full rights over the land.
Owners possess the right to use, possess, and dispose of the property within legal bounds.
A Utility "fee simple" ROW grants the utility company complete ownership of a land strip for
u
tility infrastructure.
The utility company gains exclusive control over the designated area for related activities.
With a "fee simple" ROW, the utility company owns the land outright and exercises all
a
ssociated land rights.
This setup is common for major utility projects requiring long-t
erm and exclusive land
access.
Property owners and buyers must recognize the impact of a Utility "fee simple" ROW on
pr
operty use, development plans, and property value.
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Utility Week 2023
December 12 – 14, 2023
Why is this relevant to utility coordination?
If the utility lays on an easement,
relocation may be handled through
utility relocation.
If i
t is on a “Fee Simple" Utility ROW, the
utility company owns the strip, and an
acquisition of the land needs to occur
with the relocation.
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Utility Week 2023
December 12 – 14, 2023
Easement vs Fee Simple
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Utility Week 2023
December 12 – 14, 2023
Easement vs Fee Simple
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Utility Week 2023
December 12 – 14, 2023
Easement vs Fee Simple
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Utility Week 2023
December 12 – 14, 2023
Dissecting the Deed
Use of the proper statutory form of deed.
Competent parties: grantor and grantee.
Words of grant or operative words of
co
nveyance.
Sufficient description of the property to
b
e conveyed.
– Metes and Bounds Description
– Exhibits and Attachments
Restriction and Exceptions.
Delivery and acceptance.
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Utility Week 2023
December 12 – 14, 2023
Key words to look for
"Easement": This is the most direct term indicating the existence of an easement.
"Right of way": This phrase often refers to an easement granting the right to pass through
someone else's property.
"Access": It may suggest an easement for access purposes.
"Utilities": This can indicate the presence of an easement for utility lines or infrastructure.
"Ingress and egress": These words typically refer to the right to enter and exit the property
and might imply an easement.
"Restrictions": This term might suggest limitations on property use due to the presence of
an easement.
"Easement holder": Mention of an entity as an easement holder implies the existence of
an easement on the property.
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Utility Week 2023
December 12 – 14, 2023
Dissecting the Deed
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Utility Week 2023
December 12 – 14, 2023
Exhibits and Attachments
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Utility Week 2023
December 12 – 14, 2023
Understanding Deed Attachments, Metes and Bounds, Exhibit A
Metes and bounds description is a surveying method for defining land boundaries.
It uses local geography and landmarks, starting from a Point of Beginning.
Surveyors use measurements, directions, and markers for accuracy.
It's used for irregularly shaped land or where the rectangular survey system isn't
applicable.
These descriptions are crucial in property deeds to avoid disputes and establish clear
o
wnership and location.
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Utility Week 2023
December 12 – 14, 2023
What is a Metes and Bounds
Entertainment Center
Assembly Manual
Construction Plans
Treasure Map-W
here's the
booty
Written Instructions of
w
here the boundary lies.
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Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
The Legal Description of the parcel
Point of Commencement
Point of Beginning
Bearings and Distance
To a Point
Area in square feet and acres
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Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
Quadrant Bearings
– NE
– SE
– SW
– NW
Measured in units of
– Degrees
– Minutes
– Seconds
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Distance
– US Survey Feet
– Int Feet = 0.999998
– Varas =
2.77778
– Chains = 66 feet
– Rods = 16.5 feet
– Links = 0.66 feet
– Yard = 3 feet
– Meters=3.28084 feet
Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
Quadrant Bearings
– NE
– SE
– SW
– NW
Measured in units of
–
1 Degree = 60 Mins.
– 1 Minute = 60 Secs.
– Seconds
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Distance
– US Survey Feet
– Int Feet = 0.999998
– Varas =
2.77778
– Chains = 66 feet
– Rods = 16.5 feet
– Links = 0.66 feet
– Yard = 3 feet
– Meters=3.28084 feet
Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
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Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
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Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
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Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
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Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
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Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
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Utility Week 2023
December 12 – 14, 2023
Metes and Bounds
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Utility Week 2023
December 12 – 14, 2023
Reading In-between the Lines
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Utility Week 2023
December 12 – 14, 2023
Reading In-between the Lines
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Utility Week 2023
December 12 – 14, 2023
Location Descriptors
The east 10 feet of Lot 15, Block A
The east 10 feet of Lot 14, Block A
The east 10 feet of Lot 1, Block A
The west 10 feet of Lot 15, Block B
The north 10 feet of Lot …
The south 10 feet of Lot …
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Utility Week 2023
December 12 – 14, 2023
Utility Sketch
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Utility Week 2023
December 12 – 14, 2023
Utility Sketch
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Utility Week 2023
December 12 – 14, 2023
Utility Sketch
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12 Wide
on Center
Poles
Utility Week 2023
December 12 – 14, 2023
Blanket Easements
Grantor City of El Paso
Grantee E
.P.E.Co.
A single line of wood poles
Sections 33 and 40
Right to trim trees
No location
No width
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Utility Week 2023
December 12 – 14, 2023
Vague Language
Shows no Grantee
Somewhere in Tarrant County
6 miles NE of Saginaw TX
Bounded North by Road,
Bounded East by Road,
Bounded West by Guy Foley,
Bounded South by County Road
Executed by A. A. Allen
????
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Utility Week 2023
December 12 – 14, 2023
Need further assistance?
Coordinate with the utility companies
– Can provide GIS data of their
i
nfrastructure
Drop in o
n your survey coordinator
– Can provide right of way maps
Check in with your consultants
– Do a lot of the leg work before hand
Title Abstract or Title Commitment
– List of encumbrances, easements
at
tached to the land
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Utility Week 2023
December 12 – 14, 2023
Utility Coordination on New Acquisitions
Site visit
– Where is the ROW?
– Where is the proposed ROW?
– Where are the utilities?
• Visible or Underground
Who are our stake holders
– New development=New stake holder
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Utility Week 2023
December 12 – 14, 2023
How can we assist.
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Provide ROW Maps
Walk the Site
Provide insight
Layout the ROW
Plum your Xmas tree
Utility Week 2023
December 12 – 14, 2023
KMZ on Android
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Utility Week 2023
December 12 – 14, 2023
KMZ on Android
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Utility Week 2023
December 12 – 14, 2023
Open KMZ on iPhone
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Utility Week 2023
December 12 – 14, 2023
Questions?
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Daniel Ibarra, R.P.L.S./P.E.
ELP District Surveyor
915-790-4438
Jesus.Ibarr[email protected]v
Utility Week 2023
December 12 – 14, 2023
44
Understanding Utility Easements
