State the name of each easement holder and the nature and terms of each easement. The guidance provided above regarding Section II A, , of this form applies in giving proper identification and addresses of easement holders.

If an easement or restriction (enforceable against a condemning authority) is created by an instrument of record, give the type and date of such instrument and pertinent recording data.

If a private roadway or a public or private utility facility is discovered on a property (and is not of record), ROW PD should investigate. Report any information on the nature of the interest, area involved, and circumstances/history leading to the placement of the roadway or facility on the property.

Some public utility and public roadway easements that are compatible with highway design and operation may remain in the ROW. Other public utility adjustments should be made under the

Utility Accommodation Policy

and do not need to be joined as a party to the proceedings. TxDOT determines which public easements and public utilities qualify under these categories. If easements or utilities qualify, then list them under of form (Holders of Property Interests

Not

To Be Joined as Parties).

If (1) specific utility easements are shown on a plat of the property by page and volume number and (2) these easements are not listed on the title commitment, then obtain copies from county records. After TxDOT determines the easements' compatibility (or adjustment qualifications), list the easements in the appropriate section, either as parties to be joined or as parties not to be joined.

Reciprocal parking and/or ingress-egress easements may exist within protective covenants or restrictions, or they may stand alone; therefore, read the covenants or restrictions very carefully and advise on if these types of easements exist. These agreements usually exist in shopping centers and malls. List current holders of these rights as parties to be joined.