Easement Acquisition Clause Samples
The Easement Acquisition clause defines the process by which one party obtains the legal right to use a portion of another party's property for a specific purpose, such as access, utilities, or infrastructure. Typically, this clause outlines the steps for identifying the required easement area, negotiating terms, and formalizing the agreement, often including compensation or conditions for use. Its core function is to ensure that necessary property rights are secured in a clear and orderly manner, thereby preventing disputes and facilitating project development or continued access.
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Easement Acquisition. Services shall include, but are not limited to the following activities:
1. Project Administration
a. Negotiation of the Scope of Services for each Work Authorization
▇. ▇▇▇▇▇ will visit project site with the City of ▇▇▇▇▇▇▇▇▇▇▇ personnel.
Easement Acquisition. (a) The Redevelopment Plan contemplates that the Developer will construct a public street (proposed Woodsonia Avenue) and detention area on the east side of the existing Home Depot store. In order to construct said street and detention area, Developer will need to acquire easement rights (the “Easement Rights”) from affected property owners in the Redevelopment Area.
(b) In the event that Developer is unable, after good faith negotiations, to acquire the Easement Rights necessary for the construction of the street and detention area on the east side of the existing Home Depot store (the “Necessary Easement Rights”), Developer shall deliver to City a written request for City to acquire the Necessary Easement Rights. The City will then attempt to acquire the Necessary Easement Rights, City will enter into good faith negotiations and, at its option, will exercise its power of eminent domain to acquire the Easement Rights and the Necessary Easement Rights.
(c) In the event City agrees to enter into good faith negotiations or exercise its power of eminent domain to acquire the Necessary Easement Rights, prior to beginning any work to acquire said Necessary Easement Rights, Developer shall first deposit into escrow with City an amount equal to one hundred twenty five percent (125%) of the estimated acquisition costs for the Necessary Easement Rights, as determined by the City in its sole discretion. Acquisition costs paid by City ("Acquisition Costs") shall be a Reimbursable Project Cost and shall include, but shall not be limited to: the actual price paid for the Necessary Easement Rights, whether determined by negotiation or eminent domain; expenses paid to third parties related to the establishment of acquisition values of the Necessary Easement Rights, including appraisals, legal fees, other expenses paid to third parties, and expenses incurred by City related to acquisition of the Necessary Easement Rights, whether through negotiation or eminent domain; and any other reasonable and necessary costs or expenses related to acquisition of the Necessary Easement Rights. In the event of that any commissioner’s award exceeds the amount earmarked in escrow for the actual commissioner’s award, Developer shall pay any surplus amount required to satisfy the commissioner’s award within seven (7) days from the date the Notice of Commissioner’s Award is filed with the Court. The City shall have no obligation to pay the surplus amount for the Necessary Easement Rights. Ci...
Easement Acquisition. UFS shall conduct negotiations on behalf of the City, for right‐of‐way acquisition in accordance with City policies and Oregon laws. UFS will prepare documents and deeds for the offer package, and will present the written offers and copies of documents to be signed, and will provide notifications and documents accordingly to keep complete files for recording and payment and for the City documentation. Property owners will be met in person and presented offers if possible, but if owners are out of the area, the offer will be mailed certified. Justification for an increase in settlement above the approved offer will be provided if necessary, along with any administrative settlement letters. City staff will obtain any necessary rights‐of‐entry approvals for access to private property prior to conducting any field investigations. For the purposes of estimating the fee, easements will be obtained for 6 properties. No fixture and equipment, or specialty appraisals, will be required. The City will review the appraisals and will set just compensation. The City will record easements and make the necessary payments to property owners. TASK 12.0 PUBLIC OUTREACH
12.1 Assist City Outreach Activities
Easement Acquisition. ▇▇▇▇▇▇▇▇▇ agrees to dedicate to the City all land within the Property necessary for the construction of the Public Improvements. All public rights-of-way and easements necessary for the Public Improvements shall be dedicated to the City prior to commencement of construction of the Public Improvements.
Easement Acquisition. The Professional and their subconsultant shall obtain easements for up to thirty-two (32)
Easement Acquisition. Right-of-way and easement acquisition and negotiation services for federally and non- federally funded projects, title reports, appraisals, easement exhibits and legal description preparation.
Easement Acquisition. Deleted: .
Easement Acquisition. This task includes drafting easement documents for legal recording. Additional utility easements may be required for the preferred alignment, such easements would require easement exhibits and narratives. It is assumed that the City of Missoula will coordinate with property owners for negotiating and acquiring such easements as needed for the project. ▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ will provide exhibits to assist the City with these negotiations. • Geotechnical Investigation. ▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ will sub-consult with a geotechnical engineer to conduct field sampling, conduct laboratory testing, evaluate groundwater conditions, and prepare a geotechnical report. The geotechnical engineer’s scope will include two (2) borings at the location of the casings to an approximate depth of 25- feet. The report will include an analysis of the soil characteristics discovered and a recommendation for the method of trenchless technology to be utilized for the installing the casing.
Easement Acquisition. The Developer shall secure all necessary rights-of-way or easements at least fifteen (15) feet wide, giving the Developer and MATSF the free and uninterrupted use, liberty and privilege to construct and maintain a sewer line with all necessary connections and related facilities that may be required, together with the free ingress, egress and regress to and for the Developer, and MATSF, their successors and assigns at all times hereinafter to enter upon the right-of-way or easement for the purpose of construction, installation, maintenance, repair and/or replacement of the sewer line or lines. Where practicable, the Developer shall cause all such easements to be shown on the recorded plan of Development and if requested by MATSF, the Developer shall revise and re-record such plan in order that all such easements shall be shown thereon. All instruments of conveyance shall be as to form and substance satisfactory to MATSF.
Easement Acquisition. (a) At Corix’s sole discretion, the Connection Facilities may be located in private easements dedicated to Corix, or may be located within public rights-of-way.
(b) Notwithstanding the foregoing, the City shall determine whether the City Connection Facilities shall be located in easements or public rights -of-way. In the event the City elects for such facilities to be located in easements, the City shall be solely responsible for securing the easements at its sole cost and expense.