Rights-of-Way and Easements. Lessor reserves the right, following consultation with the Lessee, to establish rights-of-way and easements upon, through or over the Leased Premises, under terms and conditions that will not unreasonably interfere with operations under this Lease, for roads, pipelines, electric transmission lines, transportation and utility corridors, mineral access, and any other purpose deemed reasonably necessary by Lessor.
Rights-of-Way and Easements. The Owner shall provide for necessary rights of way or easements, which are required for the construction of the project.
Rights-of-Way and Easements. Prior to construction of any Improvements that require additional rights-of-way or easements, Developer shall acquire at its own expense all such rights-of-way and easements. Any easements or rights-of-way conveyed to the Town shall be free and clear of liens, taxes and encumbrances and shall be conveyed on documents in a form acceptable to the Town.
Rights-of-Way and Easements. Before commencing the construction of any off-site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County-approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording.
Rights-of-Way and Easements. Prior to any construction or Development, Developer shall have acquired, at no expense to the District, all easements and other rights or interests required by the District for installing and maintaining that portion of the Sewer Improvements to be owned by the District, and shall have conveyed those easement rights or interests to the District in substance and form acceptable to the District.
Rights-of-Way and Easements. Rights of way and easements for installation and maintenance of utilities, water retention facilities, drainage facilities and boulevards are reserved as shown on the recorded plat. Within these easements, no structure, fence, planting or other material, shall be placed or permitted to remain which may damage or impair the function or interfere with the installation and maintenance o futilities, or easements. Any improvements so located shall be removed upon the request of the Developer, its successors or assigns, or any public utility using said area, at the expense of the owner of said building site or tract. The easement area of each building site and all improvements in it shall be maintained continuously by the owner of the building site, except those improvements for which n public utility or authority is obligate to maintain. No fence or structure of any type shall be permitted within the fifteen (15) foot easement along the rear of building sites abutting Island Bay Lane to the west. Vegetative screening and other planting shall be allowed within said easement area to provide screening for Island Bay Lane. Nothing in this paragraph is intended to prohibit owners of such building sites from erecting fences or other structures west of the fifteen foot easement abutting Island Bay Lane if they so desire or if required by ordinance of the City of Springfield to screen swimming pools or other rear yard improvements. Lot owners and building site owners are prohibited from altering, restructuring or redesigning drainage easement areas, except where grading or restructuring is necessary in connection with construction of improvements on the building site. Any such grading or restructuring shall not alter or impair the drainage easements and where regarding and restructuring is necessary it shall not be done without prior approval of the Architectural Control Committee, and the lot owner or building site owner shall replant all easement areas to restore grass and vegetation removed during regarding or restructuring.
Rights-of-Way and Easements. 2.6.1 No later than thirty (30) days after the Execution Date, the Generator shall identify to EGAT (i) the location of the takeoff structure at the Site and (ii) the location of the takeoff structure at the substation on the New Main Transmission Line to which the New Transmission Facilities shall be connected.
2.6.2 The Generator and EGAT shall cooperate in acquiring all ownership rights, rights-of-way, easements and continuing access rights (collectively, the ACCESS RIGHTS) necessary for the construction, operation, maintenance, upgrading, replacement and removal of any part of the New Transmission Facilities that will be located on property owned by any Person other than the Generator.
2.6.3 In accordance with Section 2.6.2, if the Generator reasonably believes it will be unable to acquire all of the Access Rights and so notifies EGAT, EGAT shall endeavor to acquire the Access Rights through the exercise of its authority under the EGAT Act as set out in Paragraph 5 of Schedule 10. All costs and expenses incurred by EGAT in the acquisition of the Access Rights shall be reimbursed by the Generator in accordance with the Paragraph 5(f) of Schedule 10.
2.6.4 EGAT's obligations under Sections 2.6.2 and 2.6.3 shall not be construed to require EGAT to exercise its authority under the EGAT Act in a manner that would be extraordinary in light of EGAT's historical use of such authority. For purposes of Section 14.1.1, circumstances which would allow EGAT to acquire the Access Rights only through such an extraordinary exercise of authority under the EGAT Act shall be deemed beyond EGAT's reasonable control.
2.6.5 If all of the Access Rights have not been procured by 31 March 1998, each of the dates set out in Section 10.4 and each of the milestone dates set out in Section 11 shall be extended by the number of additional days required to complete acquisition of the Access Rights. The Generator may elect to waive all or part of such extension by giving EGAT, no later than twelve (12) months before the Scheduled Commercial Operation Date for the First Unit, written notice of the number of days of the extension that will not be taken.
2.6.6 Notwithstanding EGAT's obligations under Section 2.6.2 and 2.6.3, (i) the Generator shall bear all costs and expenses caused by any delay in obtaining the Access Rights, (ii) any Events of Force Majeure that delay or prevent acquisition of the Access Rights shall be deemed to be Force Majeure affecting the Generator and under no c...
Rights-of-Way and Easements. As partial consideration for this Agreement, the Owners agree to dedicate the following rights-of-way and grant the following easements to the City at the time of execution of this Agreement and/or with subsequent development requests as required by the City.
4.2.1 Until the final alignment of the Huetter Bypass is determined with the alternatives analysis planning process that is underway with the Idaho Transportation Department, the Owners agree to hold, in a reserve area for future right-of-way dedication to the Post Falls Highway District, the easterly fifty feet (50') of S.33, T.51N., R.4W., B.M., and S.4, T.50N., R.4W., B.M., within the Property as legally described on Exhibit “A.” This will ensure that if future improvements are needed to bring Huetter Road to an arterial road standard, adequate area is available for the necessary right-of-way. The Owners agree that signage, parking, circulation facilities, landscaping, and buffers typically associated with roads shall be the only items allowed to be placed within the Huetter Road reserve area.
4.2.2 With the first phase of development, Xxxxxx Avenue shall be constructed to three lanes, along with installation of pedestrian facilities to accommodate Xxxxxx Avenue’s full future buildout. The full buildout of Xxxxxx Avenue will be based on concurrency analysis. The Owners shall pay its proportionate share of the Xxxxxx- Xxxxxxx signalized intersection at a time as determined by the affected agencies.
4.2.3 In order to address cumulative traffic impacts associated with phased development, the Owners, including its agents, representatives, and assigns, shall install urban standard transportation improvements concurrent with each phase of development, in compliance with City standards and the current City of Coeur d’Alene Trails and Bikeways Master Plan. Traffic studies acceptable to the City, in consultation with the Post Falls Highway District where applicable, shall be required for each major project phase, as mutually determined by the Parties. A traffic concurrency analysis shall be completed with each subdivision application or every two years, whichever comes first, until the build-out of the project. Concurrent improvements within each phase shall provide independent utility to address the trips generated by that phase, and may not rely on previous improvements not designed or constructed to meet the anticipated travel demand of the new phase nor any subsequent transportation improvements anticip...
Rights-of-Way and Easements. Before commencing the construction of any Improvements herein agreed upon, the Developer shall acquire at its own expense good and sufficient title to any necessary easements, free and clear of any liens or encumbrances, across all third-party (non-XXXXX) lands traversed by the proposed Improvements.
Rights-of-Way and Easements. Before commencing the construction of any Improvements herein agreed upon, the Developer shall acquire at its own expense good and sufficient title to streets and easements, free and clear of any liens or encumbrances, on all lands and facilities, if any, traversed by the proposed Improvements. All such streets and easements shall be dedicated or conveyed to the City and the documents of dedication or conveyance shall be furnished to the City for recording. A policy of title insurance insuring title in the City may be required by the City, and the Developer shall pay the premium for such title insurance policy.
