UTILITY EASEMENTS AND OTHER INSTRUMENTS Clause Samples
The "Utility Easements and Other Instruments" clause establishes the rights and procedures for granting or recognizing easements and similar legal instruments related to utilities on a property. It typically outlines how utility companies or service providers may access, install, or maintain infrastructure such as water, electricity, or telecommunications lines, and may specify the process for recording these rights with local authorities. This clause ensures that necessary utility services can be provided to the property while clarifying the rights and obligations of both the property owner and utility providers, thereby preventing future disputes and facilitating property development or use.
UTILITY EASEMENTS AND OTHER INSTRUMENTS. 13.1 The Engineering Drawings, as approved by the Municipality, shall designate road allowances, public utility lots, easements or rights-of-way of widths adequate to the needs of the Municipality and utility companies, to accommodate the construction and installation of the Local Improvements and services, natural gas, power, and telecommunication service to and through the Development Area and for storm drainage systems and shall be in the locations required by the Municipality.
13.2 Where road allowances, public utility lots, easements and utility rights-of-way are required to construct and install the Local Improvements in accordance with the Engineering Drawings both within the Development Area and outside of the Development Area, as the case may be, the Developer agrees to acquire ownership of any and all necessary road allowances, public utility lots, easements and utility rights-of-way prior to the construction and installation of such specific Local Improvements.
13.3 The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the Municipality (without further compensation payable to the Developer), upon the earlier of:
(a) submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision; or
(b) as a condition of the Municipality’s issuance of an applicable development permit, in the event that a Plan of Subdivision is not contemplated as part of the development of the Development Area.
13.4 Where subdivision is contemplated as part of the development of the Development Area, the Developer shall, upon the registration of the Plan of Subdivision and prior to the sale of any lots within the Development Area, provide to the Municipality proof of the registration of all road allowances, public utility lots, easements and utility rights-of-way required by the Municipality.
13.5 The Developer agrees that the road allowances, easements and utility rights-of-way shall be in a form acceptable to the Municipality and shall be a first charge (excepting utility rights-of-way and any other registrations held by the Municipality) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements.
▇▇.▇ ▇▇▇▇ ▇▇▇▇ allowances, easements or utility rights-of-way shall provide that the Municipality has the right to either:
(a) assign all or any parts of the rights thereby gra...
UTILITY EASEMENTS AND OTHER INSTRUMENTS. 8.1 Prior to the earlier of the endorsement of the Plan of Subdivision for the Development Area or the commencement of construction and installation of the Municipal Improvements within or adjacent to the Development Area, the Developer shall grant (without further compensation payable to the Developer) to the Municipality or other service provider such road allowances, public utility lots, easements, rights-of-way, restrictive covenants or other instruments, as may be applicable, adequate for the construction and installation of Municipal Improvements and services, natural gas, power, and telephone service. The Developer shall provide proof of the registration satisfactory to the Municipality prior to any development upon or subdivision of the Development Area.
UTILITY EASEMENTS AND OTHER INSTRUMENTS.
11.1 The Approved Plans shall designate rights-of-way of widths adequate to the needs of the Town and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, and telecommunications service to the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the Town.
11.2 The Developer agrees that the easements and utility rights-of-way shall be in a form acceptable to the Town and shall be a first charge (excepting other easements and utility rights-of-way) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements.
11.3 Such easements or utility rights-of-way shall provide that the Town shall have the right either:
(a) To assign all or any parts of the rights thereby granted to operators of the respective utilities; or
(b) To grant permits or licenses to install, repair and replace gas, power and telecommunication lines, and all drainage systems.
11.4 The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, in a form acceptable to the Town, restrictive covenants and other instruments which are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement.
UTILITY EASEMENTS AND OTHER INSTRUMENTS. 7.1 Prior to commencing construction and installation of the Improvements within or adjacent to the Development Area, the Developer shall grant to the County or other service provider such road allowances, public utility lots, easements, rights-of-way, restrictive covenants or other instruments, as may be applicable, adequate for the construction and installation of Improvements and services, natural gas, power, and telephone service. The Developer shall provide proof of the registration satisfactory to the County prior to any development upon or subdivision of the Development Area.
7.2 The Developer agrees that the easements and utility rights-of-way shall be in a form acceptable to the County and shall be a first charge (excepting other easements and utility rights-of-way) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements.
7.3 Such easements or utility rights-of-way shall provide that the County shall have the right either:
(a) to assign all or any parts of the rights thereby granted to operators of the respective utilities; or
(b) to grant permits or licenses to install, repair and replace gas, power and telephone lines, and all drainage systems.
7.4 The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, in a form acceptable to the County, restrictive covenants and other instruments that are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement.
UTILITY EASEMENTS AND OTHER INSTRUMENTS. 6.1 Prior to commencing construction and installation of the Improvements within or adjacent to the Development Area, the Developer shall grant to the County or other service provider such easements, rights-of-way, restrictive covenants or other instruments, as may be applicable, adequate for the construction and installation of Improvements and services, natural gas, power, and telephone service. The Developer shall provide proof of the registration satisfactory to the County prior to any development upon the Development Area.
6.2 The Developer agrees that the easements and utility rights-of-way shall be in a form acceptable to the County and shall be a first charge (excepting other easements and utility rights-of-way) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements.
6.3 Such easements or utility rights-of-way shall provide that the County shall have the right either:
(a) to assign all or any parts of the rights thereby granted to operators of the respective utilities; or
(b) to grant permits or licenses to install, repair and replace gas, power and telephone lines, and all drainage systems.
UTILITY EASEMENTS AND OTHER INSTRUMENTS. 6.1 The Plans, as approved by the Town, shall designate rights-of-way of widths adequate to the needs of the Town and utility companies for the construction and installation of Municipal Improvements, and shall be of a width and in such locations as required by the Town.