Private Easements Granted to PNM and the Telephone Company
In 1967, private, non-exclusive easements were granted by the U.S. Atomic Energy Commission
to Public Service Company of New Mexico and to The Mountain States Telephone
and Telegraph Company.
Note that these grants are narrow and specific private easements, and are
not public easements. Note that the words "public" and "utility" do not
appear in these documents except that "Public" is used as a proper noun in
"Public Service Company of New Mexico".
Both easements contain identical phrases:
"For good and valuable consideration the Grantor hereby grants to the Grantee,
subject to certain conditions, restrictions and limitations hereinafter stated,
non-exclusive easements to construct, operate, maintain, repair, replace,
relocate and remove ....."
Both easements are non-exclusive and are not apportionable.
In a leading treatise on the subject, the authors state the
general rule regarding easements to be
“[w]hen precise language is employed to create an easement,
such terminology governs the extent of usage.” ;
Jon. W. Bruce and James W. Ely, Jr., THE LAW OF EASEMENTS AND LICENSES IN LAND
¶ 8.02[1], at 8-3 (rev. ed. 1995).
The authority of these easements is confirmed in the A.E.C. survey of 1965, Document
Number 4710 in the county clerk's office, which states on page 1 of 29:
"Easements designated on the attached sheets .... have been granted by separate
document and are shown herein for information."
For a history of the easements and plats, see
History of Easements.
| The easement granted to Public Service
Company is in
eight pages
|
The easement granted to the Telephone
Company is in
six pages
|