Permanent Easement. An exclusive, perpetual, transferable and assignable easement (the “Easement”) upon, over, under, within, through and across, and right to use, those certain portions of Grantor’s Property being more particularly shown in Exhibit “B” (the “Easement Area”), for the purposes of (i) providing pipes, lines, systems, facilities and related equipment, and upgrades for the delivery of the fiber optic infrastructure and service to Grantee’s CLS to be a landing station for optical communication cables as part of the Project and (ii) providing power to the cables to regenerate the optical signal including without limitation: the right of Grantee, its successors, assigns, contractors, subcontractors, agents and permittees to lay, construct, locate, install, use, operate, maintain, inspect, repair, tie into, connect to, relocate and replace such fiber optic service cables, lines, systems, metering and regulating stations and facilities with necessary valves, meters, fittings, service lines, controls, devices, equipment and other usual appurtenances and improvements (collectively, “Improvements”) upon, over, under, within, through and across the Easement Area as are customary and reasonably necessary for the purpose of delivering such Improvements to Grantee’s CLS which might now or hereafter be installed within the Easement Area by Grantee, those using the Easement Area or any other Persons. Nothing herein shall be construed to limit Grantor or the public’s use of the surface area of the Property. The Parties acknowledge and agree that, as of the Effective Date, the surface area of the Property is currently used for public parking. The Easement and use thereof shall not impede or impair the public’s use or Grantor’s normal use of the Property. Grantee shall have the on-going right to construct Improvements which may impact Grantor’s temporary use of the Property. The Easement shall remain in full force and effect until six (6) months after the Project ceases operations by written notice from Grantee to Grantor.
Permanent Easement. 1. The above recitals are incorporated into this paragraph 1 as though fully set forth.
2. District 200 conveys and grants to WSD a permanent sanitary sewer easement (the Permanent Easement).
3. A graphical depiction of the Permanent Easement is attached as Exhibit 1.
4. The Permanent Easement is legally described on the attached Exhibit 1.
5. The Permanent Easement is granted contemporaneously with temporary easements which affects adjacent property (see Exhibit 1).
6. The Permanent Easement is over, under, and upon the Permanent Easement area for purposes of construction, reconstruction, removal, repair, replacement, installation, inspection and maintenance of underground sanitary sewer improvements and appurtenances deemed necessary by WSD to provide sanitary sewer service together with the right of access for personnel and equipment deemed necessary by WSD to accomplish such purposes in compliance with all necessary laws, ordinances or regulations.
7. Subject to its obligation to restore as described below, WSD may enter upon the Permanent Easement area to cut, trim or remove any trees, shrubs or other plants within the Permanent Easement area which, in the judgment of WSD, interferes with the purposes of the Permanent Easement. Before entering Permanent Easement WSD will notify District 200 unless an emergency condition exists and advance notification is not practical.
8. WSD will promptly restore the Permanent Easement area as nearly as is reasonably possible to the condition existing prior to entry by WSD onto the Permanent Easement area. One tree in the northeast corner of the Permanent Easement area that will be removed by WSD to install the NSI cannot be replaced to the condition prior to entry by WSD. WSD will replant two trees (variety TBD) at location directed by District 200. WSD will remove the entire fence on the east and south sides of the District 200 property and following construction replace with new fence of the same type, size, and style as currently in place. Playground equipment that needs to be removed to facilitate installation of the NSI pipe will either be reinstalled following construction or replaced if reinstallation is not feasible, except for the swing-set at the northeast corner of the property which will be replaced with a new swing-set. Any paving that is damaged including but not limited to the basketball court area playground paving will be replaced by sawing-cutting the damaged area and repaving with the same pavemen...
Permanent Easement. Vehicular. A permanent easement is a private road or street that is maintained by a landowner or a homeowners association. It shall be required to have a width of at least 50 feet and shall be constructed to the adopted road standards herein if it proposes to service more than one lot.
Permanent Easement. Grantor hereby grants to Grantee a perpetual easement in, along, upon and under the Property in the location legally described in Exhibit B, incorporated by this reference as if set forth in full ("Utility Easement Area"), for the purpose of using said easement as a part of the Grantee’s utility, including the right to install, construct, operate, maintain, expand, remove, repair, inspect, test, replace and/or use public utility facilities (“Grantee’s Facilities”) throughout said Utility Easement Area, together with all connections and appurtenances thereto, as well as reasonable rights of ingress and egress. The parties hereby agree that in the event of any inaccuracy or misdescription in the designation of the Utility Easement Area hereunder, or in the event it becomes necessary in Grantee’s sole discretion to relocate said easement, all parties hereto, their heirs, successors or assigns hereby irrevocably bind themselves to reasonably execute all of the necessary documents to change, alter, amend or relocate the same, without additional charge, cost or expense (except for recording fees) to Grantee.
Permanent Easement. The Keefers shall have delivered to Purchaser an Easement Agreement in a form acceptable to Purchaser in its reasonable discretion, granting the Easement in, under and through the Adjacent Parcel to the extent necessary to draw water from the well thereon and to enter the Adjacent Parcel to maintain said easement.
Permanent Easement. Grantor hereby grants to Grantee, its successors and assigns forever, as of the Effective Date, a non-exclusive, perpetual easement on, over, under, through and across that portion of the Property (approximately twenty feet (20’) to thirty feet (30’) wide, in accordance with the Project Plans (as defined below)) (the “Permanent Easement”) as more particularly described and depicted on Exhibit B attached hereto and incorporated herein (the “PE Property”), for the following uses and purposes by Grantee and, except as otherwise provided herein, at Grantee’s sole discretion, Grantee’s directors, officers, employees, contractors, subcontractors, and agents (each a “Grantee Party,” and, together with Grantee and its successors and permitted assigns, collectively the “Grantee Parties”) and Grantee’s licensees and invitees: Surveying, clearing, excavating, laying, removing vegetation, constructing, installing, operating, maintaining, protecting, inspecting, testing, drilling, undertaking environmental activities (including investigations, sampling, monitoring, response, and remedial activities), repairing, altering, improving, upgrading, removing, replacing, re-laying, relocating, substituting, renewing, abandoning, and all other related and similar activities solely for one (1) sixteen inch (16”) high pressure pipeline to be located within the permanent easement as shown and described on sheets 1 through 4 of the Weld County Parcels of Exhibit B and within the permanent easements #1, #2, #3, and #4 as shown on sheets 1 through 28, and as described on sheets 1 through 40, of the Xxxxx County Parcels of Exhibit B (the “Sixteen Inch Pipeline”) and one (1) ten inch (10”) high pressure pipeline to be located within the permanent easements #3 and #4 as shown on sheet 28, and described on sheets 28 through 40, of the Xxxxx County Parcels of Exhibit B (the “Ten Inch Pipeline”) to be located within Exhibit B attached hereto and incorporated herein, both at a minimum depth of sixty inches (60”) below the surface for the transportation of crude oil and by-products thereof, water and other substances, with appurtenances including drips, valves, fittings, metering equipment, electrical cable, cathodic equipment, communication equipment, compressor or booster equipment or stations, and other related and similar equipment and appurtenances as may be necessary or convenient for the foregoing purposes, including any upgrades or replacements of such equipment (collectively, the “P...
Permanent Easement. The Developer hereby grants to the Town a permanent easement for access from Luzern Road across the Access Road and onto the private roads of the Development for ingress and egress (the “Permanent Easement”). The Permanent Easement shall supersede any existing recorded interests and/or prescriptive or other easements, that the Town may have through, or into, the Development. In consideration of the foregoing, the Developer and/or the Association agree to prepare and record a Permanent Easement granting the Town permanent access from Luzern Road across the Access Road and through the Development onto Canyon View Road. The Developer shall also identify the Permanent Easement on any and all recorded plat(s) of the Development.
Permanent Easement. Grantor does hereby convey, grant, transfer, and assign to Grantee a permanent non-exclusive easement over, under and across the premises described in and shown on Exhibit A attached hereto and incorporated herein (the “Easement Area”) for the following purposes: (i) to maintain, inspect, operate, repair, move, remove, replace and reconstruct public water utility facilities, including necessary underground and aboveground associated facilities, accessories and appurtenances; (ii) to establish and maintain a grade within the Easement Area in connection with the public water utility facilities; and (iii) for ingress and egress to exercise the rights and privileges granted herein. Grantee shall have the right to come upon the Easement Area at any time and for all purposes relating to the exercise of its rights hereunder.
Permanent Easement. A nonexclusive perpetual easement of right-of-way (the “Permanent Easement”), over and across the Xxxxxxxx Property, for the purpose of providing ingress and egress from the Jones, Shirah, and Xxxxxxxxxxxx Properties to Little Creek Road. The Permanent Easement shall be 15 feet in width with the eastern edge of the Permanent Easement being a line beginning at a point 15 feet south of the northwest corner of the Xxxxxxxxxxxx Property, extending along the eastern boundary of the Xxxxxxxx property (Tax Map No. 032-1-13) to Little Creek Road. CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT DEGREE OF CURVE C1 273.27' 130.62' 129.38' S 70°53'10" E 27°23'14" 66.58' 20°57'59" C2 251.67' 115.22' 114.22' S 82°18'18" W 26°13'51" 58.64' 22°45'58" C3 294.89' 122.80' 121.91' S 57°15'36" W 23°51'33" 62.30' 19°25'46" C4 630.91' 259.16' 257.34' N 20°47'22" E 23°32'07" 131.43' 9°04'53" C5 301.85' 173.37' 171.00' S 37°51'09" W 32°54'30" 89.15' 18°58'53" C6 280.90' 133.95' 132.68' S 67°58'03" W 27°19'17" 68.27' 20°23'51" C7 280.20' 172.66' 169.94' S 63°58'30" W 35°18'22" 89.17' 20°26'53" C8 1116.83' 170.57' 170.41' S 50°41'51" W 8°45'02" 85.45' 5°07'49" C9 627.59' 227.30' 226.06' N 41°07'26" E 20°45'07" 114.91' 9°07'46" C10 158.84' 78.60' 77.80' N 49°30'04" E 28°21'07" 40.12' 36°04'15" C11 276.95' 200.60' 196.24' N 42°55'38" E 41°29'59" 104.93' 20°41'17" Capped Rebar Found (W.A. Xxxxx) on South 40' R\W, Va. Sec. Rte. #601 S31°50'41"E 50 279.74' 50 C11 Paved Entrance Pipe to be Set S 26°05'47" E 50 50 50 C10 50 50 Where Fence Post was Called for 98.81' S33°14'36"E 563.52' 24" White Oak in Fence Corner Curve 9 XXXXXX CREEK" OHU 0 400 800 1200 X0 00" XXX 50 C7 OHU C6 50 OHU Curve5 "LITTLE Gravel Road N 18°43'55" E
Permanent Easement. Seller acknowledges that the purpose of the Permanent Easement is to provide Buyer access for vehicular ingress and egress, installment and maintenance of Well and other activities incident or appurtenant to the Site and other purposes as necessary for Buyer's full and complete utilization of the Site for installation of the Well and the sale and delivery of water and other purposes reasonably related thereto. Buyer hereby agrees to repair any damage to the Permanent Easement caused directly by Buyer, its agents, consultants or contractors at its sole cost and expense both before and after COE. Xxon discovery of any damage to the Permanent Easement, Seller shall notify Buyer in writing of the damage. The obligations of Buyer under this Section 2.4 shall survive the Close of Escrow hereunder.
