Temporary Construction Easements. Prepare legal descriptions for Temporary Con- struction Easements (TCE) for all parcels where the construction limits extend beyond the ex- isting/proposed right-of-way, and submit tract maps to the City that are suitable for mailing to property owners. The tract maps should include all features shown on the plans, including but not limited to structures, trees, fences, signs, monuments, etc, and should indicate if such items will be impacted within the required easement. Incorporate TCE limits on the plans.
Temporary Construction Easements. CSXT may grant without warranty to Agency, if required, a temporary non-exclusive easement for access to the extent necessary for the project on terms and conditions and at a price acceptable to the parties.
Temporary Construction Easements. Prepare legal descriptions for Temporary Construc- tion Easements (TCE) for all parcels where the construction limits extend beyond the exist- ing/proposed right-of-way, and submit tract maps to the City that are suitable for mailing to property owners. The tract maps should include all features shown on the plans, including but not limited to structures, trees, fences, signs, monuments, etc, and should indicate if such items will be impacted within the required easement. Incorporate TCE limits on the plans.
Temporary Construction Easements. Subject to the terms and conditions set forth in this Agreement, the City and the CIC, as applicable, hereby agree to grant and convey to the Company and its successors and assigns, temporary, non-exclusive easements over the City’s Project Surrounding Area for purposes of giving the Company an area in which to conduct construction activities necessary for the construction of the roadwork, the sanitary sewer and storm drainage facilities, the Utilities and the landscaping (the “Temporary Construction Easements”). The location of the Temporary Construction Easements shall be mutually agreed by the City and Company (and the CIC with respect to real property owned by the CIC) as necessary from time to time The Temporary Construction Easements shall terminate upon the Company’s completion of all construction activities. The City and the CIC each reserve the right to use the area of the Temporary Construction Easements for purposes which will not interfere with the Company’s enjoyment of the rights granted hereunder.
Temporary Construction Easements. The Phase I Owner and its Permittee(s) shall have nonexclusive, temporary construction easements in, to, over and across the Phase 2 Parcels for the purpose of constructing and installing the Easement Area Improvements within the Easement Areas. Such easements will terminate upon completion of the Easement Area Improvements.
Temporary Construction Easements. Temporary easements for the purpose of the necessary grading and construction through and across the Property, said easements being located within the construction impact area as more particularly shown and depicted on the Plat. These temporary easements shall automatically become null and void at such time as grading and construction for Loudoun Water project number , titled The said property and easements are more particularly bounded and described on plat number dated , 20 , revised through , prepared by , and titled, “ ,” attached hereto and made a part hereof. The foregoing easement(s), including any and all facilities and rights-of-way, are collectively referred to herein as the “Easements”. The Easement(s) are subject to the following conditions:
1. All (Reclaimed) Water Main Facilities and/or Sanitary Sewer Facilities which are installed in the Easement(s) shall be and remain the property of the Authority, its successors and assigns.
2. The Authority and its agents shall have full and free use of the said Easement(s) for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement(s), including the right of access to and from the rights-of-way and the right to use abutting land adjoining the Easement(s) when necessary; provided, however, that this right to use abutting land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance, and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such abutting land.
3. The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions or facilities in or near the Easement(s) being conveyed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of said (Reclaimed) Water Main Facilities and/or Sanitary Sewer Facilities; provided, however, that the Authority, at its own expense, shall restore as nearly as possible to their original condition all lands or premises included within or abutting the said Easement(s) which are disturbed in any manner by the construction, operation and maintenance of said (Reclaimed) Water Main Facilities and/or Sanitary Sewer Facilities. Such restoration shall include the backfilling of trenches, the replacement of fences (so long as such fences comply with Paragrap...
Temporary Construction Easements. Temporary construction easements for the purpose of the necessary grading and construction through and across the Property, said easements being located within the construction impact area as more particularly shown and depicted on the Plat. These temporary construction easements shall automatically terminate and become null and void at such time as improvements being constructed pursuant to Loudoun Water project number ___________, titled _________________________________________ have passed final inspection and been accepted by the Authority.
Temporary Construction Easements. 1. The above recitals are incorporated into this paragraph 1 as though fully set forth.
2. District 200 conveys and grants to WSD temporary construction easements (Temporary Easements).
3. A graphical depiction of the Temporary Easements is attached as Exhibit 1.
4. The Temporary Easements are legally described on attached Exhibit 1.
5. The Temporary Easements are for purposes of staging vehicles, machinery, personnel, and materials in connection with the construction of improvements and appurtenances in the Permanent Easement, together with the right of ingress and egress for personnel and equipment deemed necessary by WSD in connection with the construction of improvements and appurtenances in the Permanent Easement, in compliance with all necessary laws, ordinances or regulations.
6. The Temporary Easements are granted contemporaneously with a Permanent Easement which affects adjacent property (see Exhibit 1).
7. The Temporary Easements remain in effect until: (a) completion of construction of the work in the Permanent Easement area; and (b) restoration of the Temporary Easements area.
8. WSD will promptly restore the Temporary Easements as nearly as is reasonably possible to the condition existing prior to entry by WSD onto the Temporary Easements. 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 pavement type and thickness. WSD will be responsible for rebuilding the baseball field to a condition the same or better than the existing condition. Under the direction xx Xxxxxxxx 000, XXX will work with Wheaton Park District when rebuilding the baseball field. WSD will plant grass seed to reestablish turf areas that are damaged during construction activities.
9. WSD shall indemnify, hold harmless and defend District 200 from and against any and all claims, demands, costs, fees (including reasonable attorney fees and court costs) and causes of act...
Temporary Construction Easements. All recording charges and real estate transfer taxes due in connection with the executing and delivery or recording of any of the above-referenced agreements or instruments, and in connection with all other agreements contemplated by this Agreement (except as set forth in Section 7.2(c)), shall be the responsibility of AES.
Temporary Construction Easements. During the term of the Temporary Construction Easements, Grantee agrees to defend, indemnify, and hold harmless Grantor and Tenant, and their respective members, officers, employees, and invitees (collectively, the “Indemnified Parties”), from and against any and all claims, liabilities, suits, demands, and causes of action for personal injury or property damage, including but not limited to Grantor’s property (collectively, the “Claims”) related to the use of the Temporary Construction Easements, except to the extent due to the gross negligence or willful misconduct of any of the Indemnified Parties and their respective agents or assigns. Provided, however, that Claims that arise during the term of the Temporary Construction Easements, shall survive termination of this Agreement. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the Property, caused by any act or omission of Grantee. Neither Tenant nor Grantor shall be liable for any loss, liability, claim or demand for property damage, property loss, or personal injury (collectively, the “Claims”) arising out of or caused by any act or omission of Grantee or its contractors in connection with this Agreement; provided, however, that the Grantee shall not be liable for any Claims brought after a Notice of Completion is filed for the Project which includes the improvements in Section 3.
