Right-of-Way Vacation. Transfer of Property in Right-of-Way or Public Place; Relocations into Right-of-Way.
1. City shall retain public utility easements or otherwise require the petitioner of the vacation to grant an easement or obtain an easement in such form and in a location acceptable to Franchisee if City vacates any public Right-of-Way or Public Place where Franchisee has Facilities. If Franchisee’s Facilities must be relocated from a vacated public Right-of-Way, the petitioner of the vacation will bear the expense of moving the Facilities and obtaining alternate rights, permits or easements.
2. In the event City conveys, assigns or transfers title to any property within any Right-of-Way or Public Place in which Franchisee has Facilities, as part of said conveyance, City shall either (i) secure from such transferee an easement or other rights allowing for such Facilities to remain in place in a form acceptable to Franchisee or, (ii) if such Facilities are to be relocated, (x) City shall obtain an easement or other rights in such form and in such location as are acceptable to Franchisee, and (y) the expense of relocating the Facilities and obtaining the such easement or other rights shall be borne by City.
3. In the event Franchise has Facilities located on any private property that is condemned or otherwise acquired by City for the purpose of expanding any existing Right-of-Way or Public Place or creating any new Right-of-Way or Public Place, expenses related to relocation, including the expense of relocating the Facilities and acquiring a new easement or other rights in such form and location as is acceptable to Franchisee, shall be borne by City. In addition, in the event said Facilities remain in place or are relocated within the existing or expanded Right-of-Way or Public Place, notwithstanding the terms of Section 12.E.2 of this Agreement, City shall be responsible for all related relocation costs, including expense of relocating the Facilities and acquiring a new easement or other rights in such form and location as is acceptable to Franchisee for each subsequent City requested relocation of said Facilities.
Right-of-Way Vacation. Within one hundred twenty days (120) of the Effective Date, the Seller will complete a right-of-way vacation for the Former Xxxxxx Road (as defined below) right-of-way (“Right-of-Way Vacation”). For the purposes of this Agreement, “Former Xxxxxx Road” means the portion of right-of-way located along the southern boundary of Juniper Ridge Employment Subdistrict Phase 1, between Lots 1 and 2, and Sky View Middle School. As part of the Right-of-Way Vacation, Seller shall provide a reciprocal access easement in place of Former Xxxxxx Road to provide access to the Property from NE 18th Street and NE Xxxxxx Road. Upon completion of the Right-of-Way Vacation, Seller shall have an ALTA survey of the Property completed (a copy of which shall be provided to Buyer) in order to determine the developable area of the Property following the completion of the Right-of-Way Vacation. If Seller is unable to complete the Right-of-Way Vacation within one hundred twenty (120) days after the Effective Date, then Buyer may terminate this Agreement and the Xxxxxxx Money and interest accrued thereon shall be returned to Buyer, or Buyer may grant Seller a thirty (30) day extension , or such longer extension as is otherwise agreed to in writing by the Parties. If Buyer waives this requirement for Closing in accordance with Section 5.1, Buyer agrees to grant the Seller an access easement allowing access to and from NE Xxxxxx Road for the parcel to the east (Lot 2, Juniper Ridge Employment Subdistrict Phase 1), which shall be provided at Closing.
Right-of-Way Vacation. The Property contains an old right of way, which must be vacated to develop the Project. The right of way vacation may occur at the time of the final plat for the applicable phase of the Project.
Right-of-Way Vacation. The City shall cause the Right-of-Way Vacation to occur.
Right-of-Way Vacation. City shall retain public utility easements if it vacates any Right-of-Way where Franchisee has Facilities. If Franchisee’s facilities must be relocated from a vacated Right-of-Way, the petitioner of the vacation will bear the expense of moving the Facilities.
Right-of-Way Vacation. 11.1. If the City vacates a right-of-way which contains the facilities of the County, and if the vacation does not require the relocation of the County’s facilities, the City shall reserve, to and for itself and the County, an easement for the right to install, maintain and operate any facilities in the vacated right-of-way and to enter upon such vacated right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same.
11.2. If the vacation requires the relocation of facilities, and
11.2.1. If the vacation proceedings are initiated by the County, the County must pay the relocation costs.
11.2.2. If the vacation proceedings are initiated by the City, the County must pay the relocation costs unless otherwise agreed to by the City and the County.
11.2.3. If the vacation proceedings are initiated by a person other than the County or the City, such other person must pay the relocation costs in accordance with the City’s Right-of-Way Management Ordinance.
Right-of-Way Vacation. Westfield agrees to vacate the portion of Park Street right-of-way quit claim the Midland Trace Trail property shown in Exhibit E-1 (the "Vacation Property") within sixty (60) after the City has: (a) acquired title to the portions of the Vacation Property; and (b) provided alternative access, if required by Indiana law, to the Mag Seven, LLC property to south of the Midland Trace Trail property. Westfield commits to using its best efforts to satisfy the aforementioned conditions precedent to the vacation of the Vacation Property, in all events, vacating the street and quit claiming the Midland Trail Property shall occur on or before May 1, 2021. At the time Developer desires to use the Vacated Property, Westfield agrees to provide access to Westfield Boulevard Extension to any affected property South of the Vacated Property. Westfield agrees to provide Developer with a Minimum Standards Survey of the Vacation Property (Exhibit E-1). Westfield agrees that no impact fees shall be assessed as a part of this conveyance.
Right-of-Way Vacation. 19 i. Subject to compliance with C. 336, F.S., and Citrus County Administrative 20 Regulation 13.01-4; Citrus County shall vacate, abandon, discontinue and 21 close and renounce and disclaim any right of the county and the public in 22 and to any land in connection to the land described on Exhibit “J” attached 23 hereto and made a part hereof so that title thereto shall vest with Pirate’s 00 Xxxx.
Right-of-Way Vacation. The North/South alley right-of-way extending approximately one hundred seventy-one feet (171’) north from Center Avenue, east of the 0000 xxxxx xx Xxxxxxxx Xxxxxx, and the East/West alley right-of-way extending approximately one hundred nineteen feet (119’) east from Xxxxxxxx Avenue in the 8300 block of Center Avenue shall be vacated and conveyed by the Village to the Developer within forty-five (45) days of the Closing, and the Developer shall improve these properties in accordance with the Site Plan in EXHIBIT B. If Developer fails to timely improve these properties in accordance with the Site Plan as required by this Agreement, the Village may, following notice and at the sole option of the Corporate Authorities, declare Developer to be in default, in which case the Developer may be obligated to re-convey the entire Village Parcels and vacated alleys and any improvements thereon back to the Village as further detailed in Section 9.2.
Right-of-Way Vacation. If any Right-of-Way or portion thereof used by the Grantee is vacated by the City during the term of this Franchise, the City shall provide Grantee written notice of such intent to vacate the Right-of-Way or portion thereof. Unless the City specifically reserves to the Grantee the right to continue the use of vacated Right-of-Way, the Grantee shall, without delay or expense to the City, remove its facilities from such Right-of-Way, and restore, repair or reconstruct the Right-of-Way where such removal has occurred. In the event of failure, neglect or refusal of the Grantee, after sixty (60) days' notice by the City, to restore, repair or reconstruct such Right-of- Way, the City may do such work or cause it to be done, and the reasonable cost thereof, as found and declared by the City, shall be paid by the Grantee within forty-five (45) days of receipt of an invoice and documentation.
