Public ROW definition

Public ROW or “ROW” means the space in, upon, above, along, across, and below the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks and bicycle lanes as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include City parkland, trails, state or federal rights-of-way, or any property owned by any person or entity other than the City, except as provided by Applicable Law or pursuant to an agreement between the City and any such person or entity.

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Public ROW means the surface of, and the space below, public street, highway, bridge, alley, boulevard, public way, or other public right of way including, but not limited to, public utility easements, dedicated utility strips, or rights of way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter granted or dedicated to or under the jurisdiction of the City in the Boundary. Public ROW shall also mean any easement now or hereafter held by the City within the Boundary for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall exclude other easements or rights of way including, but not limited to prescriptive easements.

Public ROW has the meaning set forth in Section 2.1(a)(i).

Examples of Public ROW in a sentence

• The Parties understand and agree that Facilities outside of the Public ROW may require additional easements for underground fiber to connect to Network within Public ROW.

• City’s grant of the License is subject to all valid pre-existing easements, restrictions, conditions, covenants, encumbrances, claims of title or other property interests that may affect the Public ROW.

• Licensee and City acknowledge and agree that the License Fee provides fair and reasonable compensation for Licensee’s use and occupancy of Public ROW and other City property as authorized.

• This Agreement and the License do not authorize Licensee to use any property other than the Public ROW as agreed herein.

• Licensee will obtain City’s approval of required individual encroachment, construction, and other necessary permits before placing its Network Facilities in the Public ROW or other property of City as authorized.

• Zoning regulations shall not apply to installations within the Public ROW.

• Licensee will pay City a fee (“License Fee”) to compensate City for Licensee’s use and occupancy of Public ROW pursuant to the License.

• Licensee will promptly repair any damage to the Public ROW, City property, or private property if such damage is directly caused by Licensee’s Work and no other Person is responsible for the damage (e.g., where a Person other than Licensee fails to accurately or timely locate its underground facilities as required by applicable law).

• This Agreement and the License are subject and subordinate to City’s prior and continuing right to use the Public ROW, including constructing, installing, operating, maintaining, repairing, or removing sewers, water pipes, storm drains, gas pipes, utility poles, overhead and underground electric lines and related facilities, and other public utility and municipal uses.

• Licensee may identify and collect, as a separate item on the regular bill of any Customer whose Broadband Internet Services are provided by Network Facilities located at least in part in Public ROW, that Customer’s pro rata amount of the License Fee.

More Definitions of Public ROW

Public ROW means public right-of-way.

Public ROW. Rights of Way in the public domain belonging to neither AT&T nor Builder, but used for the construction of the System, by permission granted by the governing authority. Public ROW is the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, easement, or other similar property in which a public or governmental entity now or hereafter holds any property interest, which was dedicated as rights-of-way.

Public ROW means the publicly dedicated rights-of-way includes all improvements and infrastructure within the allocated rights-of-way, including roads, street striping and marking, traffic calming devices, curb and gutter, boulevards, sidewalks, trails, traffic signals and control systems, street lighting, traffic and street/trail signage, street furniture, and trees and landscaping, each to the extent identified, depicted, and specified in the Plat and applicable Infrastructure Plans.

Public ROW shall have the meaning described in Section 1, and, in addition, 20 includes the subsurface under and airspace over the areas described.