Grantee’s Use. a. Grantee shall have a non-exclusive right to install, operate, inspect, repair, replace, and maintain the Facilities. During construction periods, not to exceed three (3) years from the execution date of this Easement, Grantee and its agents may use twenty (20) additional feet of Grantor’s property extending ten (10) feet on each side of and lying parallel and adjacent to said Easement in connection with the construction of said Facilities. b. Grantee will not store materials for extended periods or refuel vehicles or equipment on Grantor’s Land. The use of hazardous materials is prohibited on Grantor’s Land. c. Grantee acknowledges that Grantor’s existing or future power lines, pipelines, or generation facilities are or may be located within the Easement boundaries and agrees to conduct its activities in compliance with all applicable laws, codes, rules, regulations, and standards regarding such power lines. ▇▇▇▇▇▇▇’s use of Grantor’s Land shall comply with National Electric Safety Code, and OSHA clearance standards. Except as provided in this Agreement, Grantee shall not make or allow any use of Grantor’s Land that is inconsistent with or that may interfere with Grantor's operation, maintenance, repair, or upgrade of its existing power line, pipeline, or generation facilities and installations or any additional powerline, pipeline, or generation facilities or installations that may be constructed hereafter. d. Except at the Adobe Wash Reservoir and Dam site, Grantee shall at no time place, use or permit to be used on said Easement construction cranes or other equipment having a boom or similar attachment which may come in contact with Grantor’s overhead electric lines. At no time shall Grantee place any equipment or material of any kind that exceeds fifteen (15) feet in height, or that creates a material risk of endangering Grantor’s facilities, or that may pose a risk to human safety within twenty (20) feet overhead electric lines. Grantee shall maintain a minimum distance of twenty (20) feet between equipment and transmission line conductors (wires). e. Grantee will not excavate within fifty (50) feet of Grantor’s existing transmission structures. Grantee shall maintain a minimum distance of fifty (50) feet between the Facilities and Grantor’s structure(s) and transmission line conductors (wires). Grantee shall maintain a minimum distance of thirty-five (35) feet from finished grade to conductors. Grantee shall maintain a minimum distance of fifty (50) feet between approved facilities and the point where the transmission line (steel/wood pole/guy anchor/steel pole) enters the earth. To the extent these distances provided in this paragraph prevent the reasonable exercise of Grantee’s rights under this Agreement; the Easement boundaries will be altered as reasonably necessary. f. Grantee shall, at its own expense, promptly repair any damage to the Easement area or adjacent lands to Grantor’s reasonable satisfaction caused by, or in any way arising out of, ▇▇▇▇▇▇▇’s use of the Easement, including replacing topsoil to the original surface contour or elevation. Grantee agrees to repair any substantial material surface damages due to erosion or settling that may occur due to natural precipitation events within the easement area. This commitment shall be for a period of three (3) years or until native vegetation is established through natural processes. If Grantee fails to do so within a reasonable amount of time after written request from Grantor, Grantor may perform the restoration work at ▇▇▇▇▇▇▇’s expense. g. This Easement is limited to the construction of the identified Facilities along the route contemplated herein. Grantee may not install laterals, taps, or sub-feeds from the Facilities without a separate grant of easement from Grantor. h. Grantee shall be solely responsible for the cost of any cathodic or other protection of the Facilities necessitated by its proximity to Grantor’s existing or future electric power lines. i. Grantor’s maintenance and future construction of additional power lines and other facilities require the use and operation of equipment weighing twenty thousand (20,000) pounds per axle (including wire pullers and similar equipment weighing in excess of one hundred thousand (100,000) pounds and cranes weighing one hundred thirty thousand (130,000) pounds above and over the Facilities. Grantee shall bury that portion of the Facilities that will be placed underground to a depth that is sufficient to protect the Facilities from Grantor’s use of equipment with weights identified above. Grantee shall be solely responsible for any damage to Grantee’s facilities caused any failure to meet this standard. j. Grantee shall restore and level the surface of Grantor’s Land, as nearly as can reasonably be done, from any damage caused by construction, inspection, maintenance, repairs or removal of the Facilities. If Grantee fails to do so within a reasonable amount of time after written request from Grantor, Grantor may perform the restoration work at ▇▇▇▇▇▇▇’s expense.
Appears in 1 contract
Sources: Non Exclusive Easement Agreement
Grantee’s Use. a. Grantee shall have a non-exclusive right to install, operate, inspect, repair, replace, and maintain the FacilitiesPipeline. During construction periods, not to exceed three eighteen (318) years months from the execution date of this Easement, Grantee and its agents may use twenty thirty-five (2035) additional feet of Grantor’s property extending ten (10) feet on each side of and lying parallel along and adjacent to said Easement in connection with the construction of said Facilitiesfacilities.
b. Grantee will not store materials for extended periods or refuel vehicles or equipment on Grantor’s Land. The use of hazardous materials is prohibited on Grantor’s Land.
c. Grantee acknowledges that Grantor’s existing or future power lines, pipelines, or generation facilities lines are or may be located within the Easement boundaries and agrees to conduct its activities in strict compliance with all applicable laws, codes, rules, regulations, and standards regarding such power lines. ▇▇▇▇▇▇▇Grantee’s use of Grantor’s Land shall comply in all respects with National Electric Safety Code, and OSHA clearance standards. Except as provided in this Agreement, Grantee shall not make or allow any use of Grantor’s Land that is inconsistent with or that may interfere with Grantor's operation, maintenance, repair, or upgrade of its existing power line, pipeline, or generation line facilities and installations or any additional powerline, pipeline, or generation power line facilities or installations that may be constructed hereafter.
d. Except at the Adobe Wash Reservoir and Dam site, Grantee shall at At no time shall Grantee place, use or permit to be used on said Easement construction cranes or other equipment having a boom or similar attachment which may come in contact with Grantor’s overhead electric lines. At no time shall Grantee place any equipment or material of any kind that exceeds fifteen (15) feet in height, or that creates a material risk of endangering Grantor’s facilities, or that may pose a risk to human safety within twenty (20) feet overhead electric linessafety. Grantee shall maintain a minimum distance of twenty (20) feet between equipment and transmission line conductors (wires).
e. Grantee will not excavate within fifty (50) feet of Grantor’s existing transmission structures. Grantee shall maintain a minimum distance of fifty (50) feet between the Facilities Pipeline and Grantor’s structure(s) and transmission line conductors (wires). Grantee shall maintain a minimum distance of thirty-five (35) feet from finished grade to conductors. Grantee shall maintain a minimum distance of fifty (50) feet between approved facilities and the point where the transmission line (steel/wood pole/guy anchor/steel pole) enters the earth. To the extent these distances provided in this paragraph prevent the reasonable exercise of Grantee’s rights under this Agreement; the Easement boundaries will be altered as reasonably necessary.
f. Grantee shall, at its own expense, promptly repair any damage to the Easement area or adjacent lands to Grantor’s reasonable satisfaction caused by, or in any way arising out of, ▇▇▇▇▇▇▇Grantee’s use of the Easement, including replacing topsoil to the original surface contour or elevation. Grantee agrees to repair any substantial material surface damages due to erosion or settling that may occur due to natural precipitation events within the easement area. This commitment shall be for a period of three ten (310) years or until native vegetation is established through natural processes. If Grantee fails to do so within a reasonable amount of time after written request from Grantortime, Grantor may perform the restoration work at ▇▇▇▇▇▇▇Grantee’s expense.
g. This Easement is limited to the construction of the identified Facilities Pipeline along the route contemplated described herein. Grantee may not install laterals, taps, or sub-feeds subfeeds from the Facilities Pipeline without a separate grant of easement from Grantor.
h. Grantee shall be solely responsible for the cost of any cathodic or other protection of the Facilities Pipeline necessitated by its proximity to Grantor’s existing or future electric power lines.
i. Grantor’s maintenance and future construction of additional power lines and other facilities require the use and operation of equipment weighing twenty thousand (20,000) pounds per axle (including wire pullers and similar equipment weighing in excess of one hundred thousand (100,000) pounds and cranes weighing one hundred thirty thousand (130,000) pounds above and over the FacilitiesPipeline. Grantee shall bury that portion of the Facilities that will be placed underground Pipeline to a depth that is sufficient to protect the Facilities Pipeline from Grantor’s use of equipment with weights identified above. Grantee shall be solely responsible for any damage to Grantee’s facilities caused any failure to meet this standard.
j. Grantee shall fully restore and level the surface of Grantor’s Land, as nearly as can reasonably be done, from any damage caused by construction, inspection, maintenance, repairs or removal of the FacilitiesPipeline. If Grantee fails to do so within a reasonable amount of time after written request from Grantortime, Grantor may perform the restoration work at ▇▇▇▇▇▇▇Grantee’s expense. Grantee shall compensate Grantor or its tenants for any damage caused by, or arising out of Grantees Use of Easement area, including without limitation, damage to fences, livestock, or crops and timber located anywhere on Grantor’s property.
Appears in 1 contract