Common use of Description of Easement Clause in Contracts

Description of Easement. For good and valuable consideration, the actual consideration paid or to be paid in connection with this Easement being Nine Hundred Thousand Dollars ($900,000.00), the receipt and sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto GSA IV, its successors and assigns, forever, an exclusive, perpetual easement for the use of a portion of Grantor's Property, that portion being described as a 15,000 square feet parcel within Grantor's Property (the "Easement Area"), as such Easement Area is more particularly shown in the Site Plan attached hereto as Exhibit "B" and described by metes and bounds in Exhibit "C" attached hereto. The Grantor also grants to GSA IV, its successors and assigns, as part of this Easement, a perpetual right-of-way for ingress and egress, seven days per week, twenty-four hours per day, on foot or motor vehicle, including trucks, along a thirty foot wide right-of-way extending from the nearest public right-of-way, together with the right to install, replace and maintain utility wires, poles, cables, conduits and pipes (the "Access Easement"), as is more particularly shown in the Site Plan attached hereto as Exhibit "B" and described by metes and bounds in Exhibit "C" (hereinafter the term "Easement Area" shall be deemed to also include the Access Easement unless stated to the contrary). In the event GSA IV or any public utility is unable or unwilling to use the above- described Access Easement, Grantor hereby agrees to grant an additional right-of-way, in form satisfactory to GSA IV, to GSA IV or at GSA IV’s request, directly to a public utility, provided however that such grant shall be at no cost to Grantor and in a location acceptable to both Grantor and GSA IV (the "Additional Access Easement"). GSA IV has inspected and approved the location and configuration of existing utilities and access serving the site and accepts them in their as-is, where-is condition. For any such Additional Access Easement to be effective, such easement shall be recorded among the Public Records of Cumberland County, State of Maine. Also, Grantor hereby grants to GSA IV, its successors and assigns a non-exclusive construction and maintenance easement over any portion of Grantor's Property that is reasonably necessary, in GSA IV's discretion, further subject, however, to Grantor’s reasonable approval as to the location GSA IV shall identify, for any construction, repair, maintenance, replacement, demolition and removal related to the Permitted Use (defined below), and GSA IV shall restore such portion of Grantor’s Property to its original condition after its use of the construction and maintenance easement.

Description of Easement. For good and valuable consideration,, the actual consideration paid or to be paid in connection with this Easement being Nine Hundred Thousand Dollars ($900,000.00), the receipt and sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto GSA IVCrown, its successors and assigns, forever, an exclusive, perpetual easement for the use of a portion of Grantor's ’s Property, that portion being described as a 15,000 square feet by feet parcel within Grantor's ’s Property (the "“Easement Area"”), as such Easement Area is more particularly shown in the Site Plan attached hereto as Exhibit "“B" ” and described by metes and bounds in Exhibit "“C" ” attached hereto. The Grantor also grants to GSA IVCrown, its successors and assigns, as part of this Easement, a an exclusive, perpetual right-of-way for ingress and egress, seven days per week, twenty-four hours per day, on foot or motor vehicle, including trucks, along a thirty foot wide right-of-way extending from the nearest public right-of-way, together with the right to install, replace and maintain utility wires, poles, cables, conduits and pipes (the "“Access Easement"”), as is more particularly shown in the Site Plan attached hereto as Exhibit "“B" ” and described by metes and bounds in Exhibit "“C" ” (hereinafter the term "“Easement Area" ” shall be deemed to also include the Access Easement unless stated to the contrary). In the event GSA IV Crown or any public utility Area shall be used for (i) constructing, maintaining and operating communications facilities, including without limitation, tower structures, antenna support structures, cabinets, meter boards, buildings, antennas, cables, equipment and (ii) uses incidental thereto, including without limitation, testing of any kind, for Crown’s use and the use of its lessees, licensees, and/or sub-easement holders (the “Permitted Use”). It is unable the intent of the parties that Crown’s communications facilities shall not constitute a fixture. Grantor acknowledges that Grantor has no right to object to or unwilling approve any improvements to use be constructed by Crown on the above- described Access EasementEasement Area. If requested by Crown, Grantor will execute, at Crown’s sole cost and expense, all documents required by any governmental authority in connection with any development of, or construction on, the Easement Area, including documents necessary to petition the appropriate public bodies for certificates, permits, licenses and other approvals deemed necessary by Crown in Crown’s absolute discretion to utilize the Easement Area for the Permitted Use. Grantor agrees to be named applicant if requested by Crown. In furtherance of the foregoing, Grantor hereby agrees appoints Crown as Grantor’s attorney-in- fact to grant an additional right-of-wayexecute all land use applications, in form satisfactory to GSA IVpermits, to GSA IV or at GSA IVlicenses and other approvals on Grantor’s request, directly to a public utility, provided however that such grant behalf. Grantor shall be at entitled to no cost further consideration with respect to any of the foregoing matters. Grantor and in a location acceptable to both Grantor and GSA IV (shall take no action that would adversely affect the "Additional Access Easement"). GSA IV has inspected and approved status of the location and configuration of existing utilities and access serving the site and accepts them in their as-is, where-is condition. For any such Additional Access Easement to be effective, such easement shall be recorded among the Public Records of Cumberland County, State of Maine. Also, Grantor hereby grants to GSA IV, its successors and assigns a non-exclusive construction and maintenance easement over any portion of Grantor's Property that is reasonably necessary, in GSA IV's discretion, further subject, however, to Grantor’s reasonable approval as to the location GSA IV shall identify, for any construction, repair, maintenance, replacement, demolition and removal related Area with respect to the Permitted Use (defined below), and GSA IV shall restore such portion of Grantor’s Property to its original condition after its use of the construction and maintenance easementUse.

Description of Easement. For good and valuable consideration, the actual consideration paid or to be paid in connection with this Easement being Nine Hundred Thousand Dollars the amount of good and valuable consideration reflected on the Real Estate Transfer Tax Valuation Affidavit to be filed ($900,000.00the “Purchase Price”), the receipt and sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto GSA IVGrantee, its successors and assigns, forever, assigns an exclusive, perpetual exclusive easement for (i) the use of a portion of Grantor's Property, that portion being described ’s Property as a 15,000 square feet parcel within Grantor's Property (the "Easement Area"), as such Easement Area is more particularly shown in the Site Plan attached hereto as Exhibit "“B" ” and described by metes and bounds in Exhibit "“C" ” attached hereto, and (ii) the use of the specific areas on the Tower (as such term is defined in the Lease Agreement (as defined below)) depicted and/or described in the Lease Agreement, including without limitation those portions of the Tower on which Lessee (as defined below) has equipment installed on the Tower as of the Effective Date of this Easement (together, the “Easement Area”); provided, however, that Grantor shall continue to own and have the right to access the Tower and Grantor’s improvements located thereon for the purposes expressly permitted under the Lease Agreement. The Grantor Easement Area shall also grants to GSA IV, its successors and assigns, as part of this Easement, include (a) a perpetual non-exclusive right-of-way for ingress and egressegress to and from the Easement Area, seven (7) days per week, twenty-four (24) hours per day, on foot or motor vehicle, including trucks, along a thirty foot wide right-of-way extending from the nearest public right-of-way, together with the right to install, replace and maintain above and below ground utility wires, poles, cables, conduits fiber, conduit and pipes as more fully shown on Exhibit “B” and described on Exhibit “C”; and (b) that portion of Grantor’s Property, if any, on which communications facilities exist on the "Access Easement"), as is more particularly shown Effective Date of this Easement (even if not described in the Site Plan attached hereto Lease Agreement as Exhibit "B" and described by metes and bounds that term is defined in Exhibit "C" (hereinafter the term "Easement Area" shall be deemed to also include the Access Easement unless stated to the contrarySection 3 of this Easement). In the event GSA IV Grantee is unable or any public utility is unable or unwilling to use the above- easement described Access Easementin subsection (a) above, Grantor hereby agrees to grant an additional or modified right-of-way, in form mutually and reasonably satisfactory to GSA IVGrantee and Grantor, to GSA IV Grantee or at GSA IVGrantee’s request, directly to a public utility, provided however that such grant shall be at no cost to Grantor and in a location mutually and reasonably acceptable to both Grantor and GSA IV (Grantee. Grantee’s use of the "Additional Access Easement")right-of-way described above shall not materially and adversely interfere with Grantor’s customary use of Grantor’s Property. GSA IV has inspected and approved To the location and configuration extent the Lease Agreement permits relocation of existing utilities and the access serving easement, or the site and accepts them in their as-is, where-written consent of the tenant under the Lease Agreement is condition. For any such Additional Access Easement to be effective, such easement shall be recorded among the Public Records of Cumberland County, State of Maine. Alsoobtained, Grantor hereby grants shall have the right, upon one hundred eighty (180) days’ prior written notice to GSA IVGrantee, its successors and assigns a to relocate the non-exclusive construction and maintenance easement over any portion of Grantor's Property that is reasonably necessaryright-of-way described in subsection (a) above, in GSA IV's its discretion, further subject, however, to Grantor’s reasonable approval as provided that: (i) Grantee has uninterrupted vehicular and pedestrian access to the location GSA IV shall identify, for any construction, repair, maintenance, replacement, demolition Easement Area and removal related there is no interruption of utility services; (ii) the relocation does not interfere with Grantee’s access to the Permitted Use (defined below), and GSA IV shall restore such portion of Grantor’s Property to its original condition after its use of the construction and maintenance easement.Easement Area;

Description of Easement. For good and valuable consideration, the actual consideration paid or to be paid in connection with this Easement being Nine Hundred Thousand Dollars the amount of good and valuable consideration reflected on the Real Estate Transfer Tax Valuation Affidavit to be filed ($900,000.00the “Purchase Price”), the receipt and sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto GSA IVGrantee, its successors and assigns, forever, assigns an exclusive, perpetual exclusive easement for (i) the use of a portion portions of Grantor's Property, that portion being described ’s Property as a 15,000 square feet parcel within Grantor's Property (the "Easement Area"), as such Easement Area is more particularly shown in the Site Plan attached hereto as Exhibit "E xhibit “B" ” and described by metes and bounds in Exhibit "“C" ” attached hereto. The Grantor also grants to GSA IV, its successors and assigns(ii) the use of the specific areas on the Tower (as such term is defined in the Verizon Lease) depicted and/or described in the Verizon Lease, including without limitation those portions of the Tower on which Verizon has equipment installed on the Tower as part of the Effective Date of this Easement, and (iii) the use of the specific areas on the Light Pole (as such term is defined in the Sprint Lease) depicted and/or described in the Sprint Lease, including without limitation those portions of the Light Pole on which Sprint has equipment installed on the Light Pole as of the Effective Date of this Easement (collectively, the “Easement Area”); provided, however, that Grantor shall continue to own and have the right to access the Tower and Grantor’s improvements located thereon, including but not limited to, for the purposes expressly permitted under the Verizon Lease and shall continue to own and have the right to access the Light Pole and Grantor’s improvements located thereon, including but not limited to, for the purposes expressly permitted under the Sprint Lease. The Easement Area shall also include (a) a perpetual non-exclusive right-of-way for ingress and egressegress to and from the Easement Area, seven (7) days per week, twenty-four (24) hours per day, on foot or motor vehicle, including trucks, along a thirty foot wide right-of-way extending from the nearest public right-of-way, together with the right to install, replace and maintain above and below ground utility wires, poles, cables, conduits fiber, conduit and pipes as more fully shown on Exhibit “B” and described on E xhibit “C”; and (b) that portion of Grantor’s Property, if any, on which communications facilities exist on the "Access Easement")Effective Date of this Easement (even if not described in the Lease Agreements, as that term is more particularly shown defined in the Site Plan attached hereto as Exhibit "B" and described by metes and bounds in Exhibit "C" (hereinafter the term "Easement Area" shall be deemed to also include the Access Easement unless stated to the contrarySection 3 of this Easement). In the event GSA IV Grantee is unable or any public utility is unable or unwilling to use the above- easement described Access Easementin subsection (a) above or the public right-of- way of the Xxxxx 0/0 xx Xxxxxxx Xxxxxx to access or provide utilities to the Easement Area, Grantor hereby agrees to grant an additional or modified right-of-way, in form mutually and reasonably satisfactory to GSA IVGrantee and Grantor, to GSA IV Grantee or at GSA IVGrantee’s request, directly to a public utility, provided however that such grant shall be at no cost to Grantor and in a location mutually and reasonably acceptable to both Grantor and GSA IV (Grantee. Grantee’s use of the "Additional Access Easement")right-of-way described above shall not materially and adversely interfere with Grantor’s customary use of Grantor’s Property. GSA IV has inspected and approved To the location and configuration extent the Lease Agreements permit relocation of existing utilities and the access serving easement, or the site and accepts them in their as-is, where-written consent of the tenants under the Lease Agreements is condition. For any such Additional Access Easement to be effective, such easement shall be recorded among the Public Records of Cumberland County, State of Maine. Alsoobtained, Grantor hereby grants shall have the right, upon one hundred eighty (180) days’ prior written notice to GSA IVGrantee, its successors and assigns a to relocate the non-exclusive construction and maintenance easement over any portion of Grantor's Property that is reasonably necessaryright-of-way described in subsection (a) above, in GSA IV's its discretion, further subject, however, to Grantor’s reasonable approval as provided that: (i) Grantee has uninterrupted vehicular and pedestrian access to the location GSA IV shall identify, for any construction, repair, maintenance, replacement, demolition Easement Area and removal related there is no interruption of utility services; (ii) the relocation does not interfere with Grantee’s access to the Permitted Use Easement Area; (defined below), iii) Grantor pays all costs and GSA IV shall restore such portion of Grantor’s Property to its original condition after its use expenses associated with the relocation of the construction right-of-way, if any; (iv) there are no conditions, restrictions, encumbrances, easements, or third party interests that could result in reduction or termination of Grantee’s access over the new right-of-way; (v) Grantor provides Grantee with a legal description at least one hundred eighty (180) days prior to the relocation of the right-of-way; and maintenance easement(vi) Grantee must reasonably agree to the relocation of the right-of-way.