Common use of Utility Easements Clause in Contracts

Utility Easements. 12.1 The Plans, as accepted by the County, shall designate rights of way of widths adequate to the needs of the County and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, and telephone service to the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the County. 12.2 Upon registration of a Plan of Subdivision, and prior to the transfer of title of any lots within the Development Area covered by the Plan of Subdivision, the Developer shall grant to the County easements or utility rights of way for such purposes and shall register or cause to be registered such easements or utility rights of way contemporaneously with the registration of the Plan of Subdivision. 12.3 The Developer shall within ONE (1) month of registration of the Plan of Subdivision, and prior to the transfer of title of any lots within the Development Area, provide to the County proof of the registration of all easements, encroachment agreements and utility rights-of-way required by the County. 12.4 The Developer agrees that the easements and utility rights of way 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 unless the County otherwise agrees. 12.5 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. 12.6 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 which are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement. 12.7 The Developer hereby grants, conveys, transfers and sets over to and unto the County, its servants, agents, contractors, successors, assigns and licensees: (a) the right, license, liberty, privilege and easement across, over, under, on and through all of the Lands, described within Schedule "A" of this Agreement, for the purposes of laying down, installing, constructing, operating, inspecting, maintaining, repairing, replacing, altering, removing and reconstructing from time to time sanitary sewer, storm sewer, drainage, water, gas, electrical, telephone, telecommunications, and cable television lines, services or distribution systems, and temporary roadways, together with any and all appurtenances incidental or necessary in relation to the above, together with the right of ingress and egress over the Lands with vehicles, supplies and equipment for all purposes useful or convenient in connection with or incidental to the exercise and enjoyment of the rights and privileges granted within this Agreement; and (b) the dedication of all roads shown within the subdivision approval for the Lands, as amended by this Agreement or the Plans subsequently accepted by the County, which dedications may be registered at any time by the County by road plan in accordance with Section 62 of the Municipal Government Act (Alberta). The grant of the right of way provided above is and shall be for as long as is necessary for the County and is intended to be a covenant that runs with the Lands, until such time as the Plan of Subdivision and/or any applicable and required public utility lots, easements, road allowances and utility rights-of-way have been registered with the Land Titles Office, and shall survive the termination of this Agreement.

Utility Easements. 12.1 13.1 The Plans, as accepted approved by the CountyCity, shall designate rights of road allowances, public utility lots, easements or rights-of-way of widths adequate to the needs of the County City and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, Franchise Utilities to and telephone service to through the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the CountyCity. 12.2 Upon 13.2 The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the City (without further compensation payable to the Developer), upon the earlier of: a) submission for registration of a Plan of Subdivision, Subdivision for the Development Area and prior to the transfer of title sale of any lots within the Development Area covered by the a Plan of Subdivision; b) as a condition of the City’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; and c) in any event prior to Commencement of Construction. 13.3 Where Subdivision is contemplated as part of the development of the Development Area, the Developer shall grant to the County easements or utility rights of way for such purposes and shall register or cause to be registered such easements or utility rights of way contemporaneously with the registration of the Plan of Subdivision. 12.3 The Developer shall within ONE (1) month of registration of the Plan of Subdivision, and prior to the transfer of title sale of any lots within the Development Area, provide to the County City proof of the registration of all easementsroad allowances, encroachment agreements public utility lots, easements and utility rights-of-way required by the CountyCity. 12.4 13.4 The Developer agrees that the road allowances, easements and utility rights of rights-of- way shall be in a form acceptable to the City and shall be a first charge (against all properties within the Development Area, excepting other easements and utility rights-of-way) , and that the Developer shall further agrees to obtain and register postponements of all liens, charges and encumbrances in favour favor of the easements unless the County otherwise agreeseasements. 12.5 13.5 Such road allowances, easements or utility rights of rights-of-way shall provide that the County shall have City the right either: (a) to assign all or any parts part of the rights thereby granted to operators of the respective utilities; or (b) Franchise Utilities or to grant permits or licenses to install, repair and replace gas, power power, telephone, cable, communication lines and telephone lines, and all drainage systems. 12.6 13.6 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 CountyCity, 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. 12.7 The Developer hereby grants, conveys, transfers and sets over to and unto the County, its servants, agents, contractors, successors, assigns and licensees: (a) the right, license, liberty, privilege and easement across, over, under, on and through all of the Lands, described within Schedule "A" of this Agreement, for the purposes of laying down, installing, constructing, operating, inspecting, maintaining, repairing, replacing, altering, removing and reconstructing from time to time sanitary sewer, storm sewer, drainage, water, gas, electrical, telephone, telecommunications, and cable television lines, services or distribution systems, and temporary roadways, together with any and all appurtenances incidental or necessary in relation to the above, together with the right of ingress and egress over the Lands with vehicles, supplies and equipment for all purposes useful or convenient in connection with or incidental to the exercise and enjoyment of the rights and privileges granted within this Agreement; and (b) the dedication of all roads shown within the subdivision approval for the Lands, as amended by this Agreement or the Plans subsequently accepted by the County, which dedications may be registered at any time by the County by road plan in accordance with Section 62 of the Municipal Government Act (Alberta). The grant of the right of way provided above is and shall be for as long as is necessary for the County and is intended to be a covenant that runs with the Lands, until such time as the Plan of Subdivision and/or any applicable and required public utility lots, easements, road allowances and utility rights-of-way have been registered with the Land Titles Office, and shall survive the termination of this Agreement.

Utility Easements. 12.1 12.1. The Plans, as accepted approved by the CountyCity, shall designate rights of road allowances, public utility lots, easements or rights-of-way of widths adequate to the needs of the County City and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, Franchise Utilities to and telephone service to through the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the CountyCity. 12.2 Upon 12.2. The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the City (without further compensation payable to the Developer), upon the earlier of: a) Submission for registration of a Plan of Subdivision, Subdivision for the Development Area and prior to the transfer of title sale of any lots within the Development Area covered by the a Plan of Subdivision; or b) As a condition of the City’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. And in any event, prior to Commencement of Construction. 12.3. Where Subdivision is contemplated as part of the development of the Development Area, the Developer shall grant to the County easements or utility rights of way for such purposes and shall register or cause to be registered such easements or utility rights of way contemporaneously with the registration of the Plan of Subdivision. 12.3 The Developer shall within ONE (1) month of registration of the Plan of Subdivision, and prior to the transfer of title sale of any lots within the Development Area, provide to the County City proof of the registration of all easementsroad allowances, encroachment agreements public utility lots, easements and utility rights-of-way required by the CountyCity. 12.4 12.4. The Developer agrees that the road allowances, easements and utility rights of rights-of-way shall be in a form acceptable to the City and shall be a first charge (against all properties within the Development Area, excepting other easements and utility rights-of-way) , and that the Developer shall further agrees to obtain and register postponements of all liens, charges and encumbrances in favour favor of the easements unless the County otherwise agreeseasements. 12.5 12.5. Such road allowances, easements or utility rights of rights-of-way shall provide that the County shall have City the right either: (a) to assign all or any parts part of the rights thereby granted to operators of the respective utilities; or (b) Franchise Utilities or to grant permits or licenses to install, repair and replace gas, power power, telephone, cable, communication lines and telephone lines, and all drainage systems. 12.6 12.6. 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 CountyCity, 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. 12.7 12.7. The Developer hereby grants, conveys, transfers and sets over to and unto the CountyCity, its servants, agents, contractors, successors, assigns and licensees: (a) the The right, license, liberty, privilege and easement across, over, under, on and through all of the Lands, described within Schedule "A" A of this Agreement, for the purposes of laying down, installing, constructing, operating, inspecting, maintaining, repairing, replacing, altering, removing and reconstructing from time to time sanitary sewer, storm sewer, drainage, water, gas, electrical, telephone, telecommunications, and cable television lines, services or distribution systems, and temporary roadways, together with any and all appurtenances incidental or necessary in relation to the above, together with the right of ingress and egress over the Lands with vehicles, supplies and equipment for all purposes useful or convenient in connection with or incidental to the exercise and enjoyment of the rights and privileges granted within this Agreement; and (b) the The dedication of all roads shown within the subdivision approval for the Lands, as amended by this Agreement or the Plans subsequently accepted approved by the CountyCity, which dedications may be registered at any time by the County City by road plan in accordance with Section 62 of the Municipal Government Act (Alberta). The grant of the right of way provided above is and shall be for as long as is necessary for the County City and is intended to be a covenant that runs with the Lands, until such time as the Plan of Subdivision and/or any applicable and required public utility lots, easements, road allowances and utility rights-of-way have been registered with the Land Titles Office, and shall survive the termination of this Agreement.road

Utility Easements. 12.1 13.1 The Plans, as accepted approved by the CountyCity, shall designate rights of road allowances, public utility lots, easements or rights-of-way of widths adequate to the needs of the County City and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, Franchise Utilities to and telephone service to through the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the CountyCity. 12.2 Upon 13.2 The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the City (without further compensation payable to the Developer), upon the earlier of: a) submission for registration of a Plan of Subdivision, Subdivision for the Development Area and prior to the transfer of title sale of any lots within the Development Area covered by the a Plan of Subdivision; b) as a condition of the City’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; and c) in any event prior to Commencement of Construction. 13.3 Where Subdivision is contemplated as part of the development of the Development Area, the Developer shall grant to the County easements or utility rights of way for such purposes and shall register or cause to be registered such easements or utility rights of way contemporaneously with the registration of the Plan of Subdivision. 12.3 The Developer shall within ONE (1) month of registration of the Plan of Subdivision, and prior to the transfer of title sale of any lots within the Development Area, provide to the County City proof of the registration of all easementsroad allowances, encroachment agreements public utility lots, easements and utility rights-of-way required by the CountyCity. 12.4 13.4 The Developer agrees that the road allowances, easements and utility rights of rights-of- way shall be in a form acceptable to the City and shall be a first charge (against all properties within the Development Area, excepting other easements and utility rights-of-way) , and that the Developer shall further agrees to obtain and register postponements of all liens, charges and encumbrances in favour favor of the easements unless the County otherwise agreeseasements. 12.5 13.5 Such road allowances, easements or utility rights of rights-of-way shall provide that the County shall have City the right either: (a) to assign all or any parts part of the rights thereby granted to operators of the respective utilities; or (b) Franchise Utilities or to grant permits or licenses to install, repair and replace gas, power power, telephone, cable, communication lines and telephone lines, and all drainage systems. 12.6 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 which are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement. 12.7 The Developer hereby grants, conveys, transfers and sets over to and unto the County, its servants, agents, contractors, successors, assigns and licensees: (a) the right, license, liberty, privilege and easement across, over, under, on and through all of the Lands, described within Schedule "A" of this Agreement, for the purposes of laying down, installing, constructing, operating, inspecting, maintaining, repairing, replacing, altering, removing and reconstructing from time to time sanitary sewer, storm sewer, drainage, water, gas, electrical, telephone, telecommunications, and cable television lines, services or distribution systems, and temporary roadways, together with any and all appurtenances incidental or necessary in relation to the above, together with the right of ingress and egress over the Lands with vehicles, supplies and equipment for all purposes useful or convenient in connection with or incidental to the exercise and enjoyment of the rights and privileges granted within this Agreement; and (b) the dedication of all roads shown within the subdivision approval for the Lands, as amended by this Agreement or the Plans subsequently accepted by the County, which dedications may be registered at any time by the County by road plan in accordance with Section 62 of the Municipal Government Act (Alberta). The grant of the right of way provided above is and shall be for as long as is necessary for the County and is intended to be a covenant that runs with the Lands, until such time as the Plan of Subdivision and/or any applicable and required public utility lots, easements, road allowances and utility rights-of-way have been registered with the Land Titles Office, and shall survive the termination of this Agreement.