The Arbors at Dogwood Creek

Easements & Right-of-Way

clipart books Texas Real Estate Law defines an easement as:

...a right, privilege, or advantage in real property, existing distinct from the ownership of the land. Easements consist of an interest (or estate) in real property that does not constitute full ownership.

Most commonly, an easement entails the right of a person (or the public) to use the land of another in a certain manner.

The following language appears in Sect III of the property purchase agreements with Sabine Investments (the developer):

DEED: "Seller's Warrantee Deed shall convey good and indefeasible title subject only to the following:

1) Any and all easements, covenants, right-of-way, restrictions, and reservations which may appear of record in the office of the County Clerk of the County in which any or all of the Property is located.
2) Any portion of the Property lying within the boundary of a road or roadway.
3) Any visible or apparent easements or right-of-way across or upon the property.
4) Any and all reservations and restrictions that apply to the title to the Property, including utility and flowage easements.

Road right-of-Way (R.O.W.)
See Board Approved Policy HERE

From the Arbors subdivision Plats filed with Bastrop county: clipart
 "except as noted, all roads have a 60' r.o.w.  All cul-de-sacs have a 60' radius." (there are no exceptions noted on the plats)  * the 60 FT RIGHT-OF-WAY is measured from lot survey rod, over the road, directly to the lot survey rod on the opposite side. In theory, 17.5 feet on each side of the road are responsibility of the AIA. Because road width may vary, For maintenances purposes, 15 feet measured inward from the edge of the road will be mowed by the Maintenance committee.

* Water, cable, and telephone utilities that service our homes are buried in the P.U.E. (Public Utility Easement) granted by the developer. These are often in the middle of the R.O.W. and can be impacted by digging or vehicles that get stuck in the R.O.W. sand.

* R.O.W maintenance, mowing, and road-bed weed spraying are the responsibility of the AIA and not the individual property owner.  Please do not place any type of obstruction (flag poles, waste receptacles, etc) or landscaping (flower beds, rock gardens, etc) on the Arbors R.O.W. as these will interfere with mowing and maintenance activities.

*Individual lot owners pay taxes only on their property...contained within the marker rods as noted on their lot survey.

*Individual lot owners do not pay direct property taxes on the 60' R.O.W. which has been reserved by the developer for the AIA.

LCRA (Lower Colorado River Authority)clipart

The LCRA is a Texas conservation and reclamation district operating with no taxing authority. In addition to other conservation activities, it operates more than 3,300 miles of transmission lines statewide and provides wholesale electricity to our Bluebonnet electric Coop.

LCRA POWER LINES traverse the Arbors subdivision in some locations. A portion of the lots across which this utility easement traverses is reserved for LCRA use.

While property owners do pay COUNTY taxes on the portion of the easement that encompass their individual lots, and are allowed free access to the property therein, no structures or barriers may be built on this easement which would prevent clear access by LCRA personnel.

* Responsibility for up-keep of these easements belongs to the LCRA.