Common use of Grant of Easement Clause in Contracts

Grant of Easement. Grantor does hereby convey to Grantee, a perpetual, exclusive easement over, above, across and through the Property to construct, operate, replace, repair, and maintain the Improvements (the “Easement”). Grantee accepts the Easement over, above, across and through the Property in its “as is” condition and assumes all risk with respect to its use of the Property for the Easement. Grantee’s use of the Easement is subject to (i) all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of record as of the date of this Agreement; (ii) Grantor’s right to maintain, repair, and operate existing structures, uses, activities and improvements on the Property and existing parking stall markers and kiosks in the Property, in the locations shown on the attached Exhibit D, as well as install, maintain, repair, and operate additional parking stall markers and/or kiosks; and (iii) the right of Grantor to use the Property for any purpose, provided that Grantee may require that if such use unreasonably interferes with Xxxxxxx's use of the Easement that it be promptly removed or modified to eliminate such interference. Grantor agrees to apply for permits from Grantee prior to entering onto the Property to install and operate additional improvements or commence new uses, other than those existing as of the Effective Date and described in this Section, and Grantee agrees not to unreasonably withhold or condition approval of such permits so long as any requested permit does not unreasonably interfere with Xxxxxxx’s use of the Easement. Grantee hereby waives permit fees for Grantor and its contractors for work on the Property. Notwithstanding anything in this Agreement to the contrary, Grantor specifically agrees that it shall not construct any building or other improvements or install landscaping on the Property, other than additional parking stall markers and/or kiosks within the west five (5) feet of the Property, without the prior written consent of Grantee. Xxxxxxx agrees not to unreasonably withhold its consent if the improvement will not unreasonably interfere with Xxxxxxx’s permitted use of the Easement.

Appears in 1 contract

Samples: Easement Agreement

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Grant of Easement. Grantor does hereby grant, bargain, and convey to Grantee, for the benefit of the Grantee Land, a perpetual, non-exclusive easement over, above, across and through the Property to construct, operate, replace, repair, and maintain the Improvements (the “Easement”) on, over, and across that portion of the Grantor Land as more particularly described on Exhibit C attached hereto and incorporated herein by reference (the “Easement Area”), solely for the purposes set forth herein. Grantee accepts Grantor reserves all rights of ownership and possession of the Easement Area, subject to the rights of Grantee and the other Grantee Parties (as defined below) under this Agreement. Without limiting the foregoing, nothing herein shall limit Grantor’s right to: (a) grant other easements to, from, over, aboveand across the Easement Area; (b) construct, across maintain, and through use, or grant unto others the Property right to construct, maintain, and use, utility facilities and licenses and other rights on, across, under, and over the Easement Area, (c) modify the Easement Area, including, without limitation, by adding additional or removing any structures, facilities, or other improvements that are situated in its “as is” condition the Easement Area, changing the use, configuration, and assumes all risk with respect elements of such Easement Area or the structures, facilities, or improvements therein; and (d) temporarily close or restrict access to its use certain portions of the Property Easement Area from time to time to the extent reasonably necessary for repair, maintenance, or construction of improvements thereon or to prevent a dedication thereof; provided that (i) Grantee and Grantee’s agents, employees, contractors, guests, invitees, heirs, successors, executors, administrators, and assigns (collectively, the “Grantee Parties”) shall at all times (except in the case of an emergency) have reasonable access to, over, and across the Easement Area for the Easement. purposes set forth in Section 3 below, and (ii) any such modifications or other actions permitted in clauses (a) through (c) above shall at no time unreasonably interfere with or restrict Grantee’s or the other Grantee Parties’ access to or use of the Easement is subject to (i) all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of record Area as of the date of provided in Section 3 below or otherwise adversely affect in any material respect Grantee’s easement rights as provided in this Agreement; (ii) Grantor’s right to maintain, repair, and operate existing structures, uses, activities and improvements on the Property and existing parking stall markers and kiosks in the Property, in the locations shown on the attached Exhibit D, as well as install, maintain, repair, and operate additional parking stall markers and/or kiosks; and (iii) the right of Grantor to use the Property for any purpose, provided that Grantee may require that if such use unreasonably interferes with Xxxxxxx's use of the Easement that it be promptly removed or modified to eliminate such interference. Grantor agrees to apply for permits from Grantee prior to entering onto the Property to install and operate additional improvements or commence new uses, other than those existing as of the Effective Date and described in this Section, and Grantee agrees not to unreasonably withhold or condition approval of such permits so long as any requested permit does not unreasonably interfere with Xxxxxxx’s use of the Easement. Grantee hereby waives permit fees for Grantor and its contractors for work on the Property. Notwithstanding anything in this Agreement to the contrary, Grantor specifically agrees that it shall not construct any building or other improvements or install landscaping on the Property, other than additional parking stall markers and/or kiosks within the west five (5) feet of the Property, without the prior written consent of Grantee. Xxxxxxx agrees not to unreasonably withhold its consent if the improvement will not unreasonably interfere with Xxxxxxx’s permitted use of the Easement.

Appears in 1 contract

Samples: Sewer Easement Agreement

Grant of Easement. As evidenced by the Partie's execution and delivery of this Agreement, Grantor does hereby convey grants, bargains, sells, and conveys to Grantee and Grantee's lessees, sub-lessees, licensees, sub-licensees, contractors, agents, employees, successors, and assigns a non-exclusive, irrevocable, non-terminable, perpetual, exclusive ten foot wide right, interest, privilege, right-of-way, and easement over, across, under, above, across and through the Property (the "Easement"). The Easement is reflected, depicted, and described more specifically as "C/L PROPOSED 10' FIBER & UTILITY EASEMENT" on Exhibit B to constructthis Agreement. Grantee may use the Easement seven (7) days a week, operatetwenty-four (24) hours a day, replaceon foot or motor vehicle (including trucks) for ingress and egress to the Leased Premises and the construction, installation, attachment, operation, repair, reconstruction, improvement, upgrading, replacement, and maintain maintenance of utility wires, cables, fiber (including fiber optic lines and cables), poles, conduits, pipes, and related appliances, appurtenances, and equipment. In addition to using the Improvements (Easement, Grantee may access and use the “Easement”). Grantee accepts the Lease Easement over, above, across and through other portions of the Property in its “as is” condition order to access and assumes all risk with respect to its use of the Property Easement for the Easementpurposes this Agreement permits. Grantee’s use of This Agreement and the Easement is subject to (i) all restrictionsare covenants running with the land, covenants, easements, licenses, permits, leases and other encumbrances of record as of the date of this Agreement; (ii) Grantor’s right to maintain, repair, and operate existing structures, uses, activities and improvements on the Property and existing parking stall markers and kiosks in the Property, in the locations shown on the attached Exhibit D, as well as install, maintain, repair, and operate additional parking stall markers and/or kiosks; and (iii) the right of Grantor to use the Property for any purpose, provided that Grantee may require that if such use unreasonably interferes with Xxxxxxx's use of the Easement that it be promptly removed or modified to eliminate such interference. Grantor agrees to apply for permits from Grantee prior to entering onto the Property to install and operate additional improvements or commence new uses, other than those existing as of the Effective Date and described in this Section, and Grantee agrees not to unreasonably withhold or condition approval of such permits so long as any requested permit does not unreasonably interfere with Xxxxxxx’s use of the Easement. Grantee hereby waives permit fees for Grantor and its contractors for work on the Property. Notwithstanding anything in this Agreement to the contrary, Grantor specifically agrees that it shall not construct any building or other improvements or install landscaping burdens on the Property, other than additional parking stall markers and/or kiosks within and benefits to Grantee and all others entitled to use the west five (5) feet Easement under the terms of this Agreement. Grantor shall ensure that Grantee and all others entitled to use the PropertyEasement under the terms of this Agreement will have peaceful and quiet possession, without the prior written consent of Grantee. Xxxxxxx agrees not to unreasonably withhold its consent if the improvement will not unreasonably interfere with Xxxxxxx’s permitted use use, and enjoyment of the Easement, without any disturbance of their possession.

Appears in 1 contract

Samples: And Utility Easement Agreement

Grant of Easement. Grantor does hereby grant, bargain, and convey to Grantee, for the benefit of the Grantee Land, a perpetual, non-exclusive easement over, above, across and through the Property to construct, operate, replace, repair, and maintain the Improvements (the “Easement”) on, over, and across that portion of the Grantor Land as more particularly described on Exhibit C attached hereto and incorporated herein by reference (the “Easement Area”), solely for the purposes set forth herein. Grantee accepts Grantor reserves all rights of ownership and possession of the Easement Area, subject to the rights of Grantee and the other Grantee Parties (as defined below) under this Agreement. Without limiting the foregoing, nothing herein shall limit Grantor’s right to: (a) grant other easements to, from, over, aboveand across the Easement Area; (b) construct, across maintain, and through use, or grant unto others the Property right to construct, maintain, and use, utility facilities and licenses and other rights on, across, under, and over the Easement Area, (c) modify the Easement Area, including, without limitation, by adding additional or removing any structures, facilities, or other improvements that are situated in its “as is” condition the Easement Area, changing the use, configuration, and assumes all risk with respect elements of such Easement Area or the structures, facilities, or improvements therein; and (d) temporarily close or restrict access to its use certain portions of the Property Easement Area from time to time to the extent reasonably necessary for repair, maintenance, or construction of improvements thereon or to prevent a dedication thereof; provided that (i) Grantee and Xxxxxxx’s agents, employees, contractors, guests, invitees, heirs, successors, executors, administrators, and assigns (collectively, the “Grantee Parties”) shall at all times (except in the case of an emergency) have reasonable access to, over, and across the Easement Area for the Easement. purposes set forth in Section 3 below, and (ii) any such modifications or other actions permitted in clauses (a) through (c) above shall at no time unreasonably interfere with or restrict Grantee’s or the other Grantee Parties’ access to or use of the Easement is subject to (i) all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of record Area as of the date of provided in Section 3 below or otherwise adversely affect in any material respect Grantee’s easement rights as provided in this Agreement; (ii) Grantor’s right to maintain, repair, and operate existing structures, uses, activities and improvements on the Property and existing parking stall markers and kiosks in the Property, in the locations shown on the attached Exhibit D, as well as install, maintain, repair, and operate additional parking stall markers and/or kiosks; and (iii) the right of Grantor to use the Property for any purpose, provided that Grantee may require that if such use unreasonably interferes with Xxxxxxx's use of the Easement that it be promptly removed or modified to eliminate such interference. Grantor agrees to apply for permits from Grantee prior to entering onto the Property to install and operate additional improvements or commence new uses, other than those existing as of the Effective Date and described in this Section, and Grantee agrees not to unreasonably withhold or condition approval of such permits so long as any requested permit does not unreasonably interfere with Xxxxxxx’s use of the Easement. Grantee hereby waives permit fees for Grantor and its contractors for work on the Property. Notwithstanding anything in this Agreement to the contrary, Grantor specifically agrees that it shall not construct any building or other improvements or install landscaping on the Property, other than additional parking stall markers and/or kiosks within the west five (5) feet of the Property, without the prior written consent of Grantee. Xxxxxxx agrees not to unreasonably withhold its consent if the improvement will not unreasonably interfere with Xxxxxxx’s permitted use of the Easement.

Appears in 1 contract

Samples: Sewer Easement Agreement

Grant of Easement. Grantor does hereby convey to Grantee, a perpetual, exclusive easement over, above, across and through the Property to construct, operate, replace, repair, and maintain the Improvements (the “Easement”). Grantee accepts the Easement over, above, across and through the Property in its “as is” condition and assumes all risk with respect to its use of the Property for the Easement. GranteeXxxxxxx’s use of the Easement is subject to (i) all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of record as of the date of this Agreement; (ii) Grantor’s utility facilities located within the Property as of the date of this Agreement; (iii) other utilities located 297722 within the Property as of the date of this Agreement serving the Grantor, including without limitation water, sewer (sanitary and storm), and electrical lines (collectively, (ii) and (iii) are “Grantor’s Utilities”), and to the right to, maintain, repair and replace Grantor’s Utilities; (iv) Grantor’s right to maintain, repair, and operate existing structures, uses, activities and improvements on cross the Property for access purposes by service vehicles and existing parking stall markers and kiosks Grantor’s employees in the Property, in the three locations shown on Exhibit C, but not for access by the attached Exhibit D, as well as installgeneral public (“Grantor’s Crossings”) and to construct, maintain, repair, repair and operate additional parking stall markers and/or kiosksreplace Grantor’s Crossings; and (iiiv) the right of Grantor to use the Property for any purpose, provided that Grantee may require that if such use unreasonably interferes with XxxxxxxGrantee's existing or intended use of the Easement that it be promptly removed or modified to eliminate such interference. At Grantee’s request, Grantor shall install a stop sign in each existing or proposed exit driveway where the Grantor’s Crossings intersect with the trail to be constructed and operated by Grantee, so as to allow uninterrupted passage on such trail. Grantee may install pavement markings or other signage on the Property where the Grantor’s Crossings intersect with the trail to be constructed and operated by Grantee. Grantor agrees to apply for and obtain permits from Grantee prior to entering onto the Property to install and or operate any additional improvements or commence new uses, other than those existing as of the Effective Date and described in this Section, and Grantee Xxxxxxx agrees not to unreasonably withhold or condition approval of such permits so long as any the requested permit does not unreasonably interfere with Xxxxxxx’s existing or intended use of the EasementEasement (provided that Grantor will apply for a construction permit, which may be issued administratively if the duration of construction is less than 180 days, prior to constructing any of Grantor’s Crossings not existing on the Effective Date and Xxxxxxx agrees to cooperate with Grantee in the design of such crossings). Grantee hereby waives permit fees for Grantor and its contractors for work on the Property. Notwithstanding anything in this Agreement to the contrary, Grantor specifically agrees that it shall not construct any building or other improvements or install landscaping on the Property, other than additional parking stall markers and/or kiosks within the west five (5) feet of the Property, Property without the prior written consent of Grantee. Xxxxxxx agrees not to unreasonably withhold its consent if the improvement will not unreasonably interfere with Xxxxxxx’s permitted use of the Easement.

Appears in 1 contract

Samples: Easement Agreement

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Grant of Easement. Grantor does hereby convey grants, bargains, sells and conveys to Grantee, its successors and assigns forever, a perpetual, non-exclusive appurtenant easement over, abovethrough, under and across and through the Property to construct, operate, replace, repair, and maintain the Improvements (the “Easement”). Grantee accepts the Easement over, above, across and through the Property in its “as is” condition and assumes all risk with respect to its use of the Property Area (defined below) for the Easement. purpose of laying, constructing, installing, inspecting, operating, using, maintaining, repairing, removing, enlarging, and/or reconstructing the [water line / sewer line] and related facilities, including, without limitation, pipes, fixtures, equipment, meters, pumps, connections and other personal property (collectively, “Facilities”) for the conveyance and transfer of [water / sewer], as may be reasonably necessary, appropriate or desirable for Grantee’s use of the Easement is subject to [water line / sewer line], TOGETHER WITH (i) all restrictionsa perpetual, covenantsnon-exclusive appurtenant easement and right for access, easementsingress, licenses, permits, leases and other encumbrances of record as egress over and across the Easement Area for Grantee’s exercise of the date of this Agreementeasement rights herein conveyed; (ii) Grantor’s a perpetual, non-exclusive appurtenant easement and right to maintainclear and keep the Easement Area free of trees, repair, and operate existing structures, usesbuildings, activities and improvements on fixtures, xxxxx, septic tanks, underground storage tanks, garbage, or any type of personal property which may interfere in any way with or endanger the Property and existing [water line / sewer line], the Facilities or Grantee’s rights under this Easement provided, however, Grantor may pave over the Easement Area in connection with the construction of a parking stall markers and kiosks in the Property, in the locations shown on the attached Exhibit D, as well as install, maintain, repair, and operate additional parking stall markers and/or kiosks; and lot (iii) the right of Grantor to use the Property for any purpose, provided that Grantee may require that if such use unreasonably interferes with Xxxxxxx's use of the Easement that it be promptly removed or modified to eliminate such interference. Grantor agrees to apply for permits from Grantee prior to entering onto the Property to install and operate additional improvements or commence new uses, other than those existing as of the Effective Date and described in this Section, and Grantee agrees not to unreasonably withhold or condition approval of such permits so long as any requested permit paving does not unreasonably interfere with Xxxxxxx’s use of the Easement. rights given to Grantee hereby waives permit fees for Grantor and its contractors for work on the Property. Notwithstanding anything in this Agreement to the contrary, Grantor specifically agrees that it shall not construct any building or other improvements or install landscaping on the Property, other than additional parking stall markers and/or kiosks within the west five (5) feet of the Property, without the prior written consent of Grantee. Xxxxxxx agrees not to unreasonably withhold its consent if the improvement will not unreasonably interfere with Xxxxxxx’s permitted use of the Easement.hereunder); and

Appears in 1 contract

Samples: Easement Agreement

Grant of Easement. Grantor does hereby convey grants, bargains, sells and conveys to Grantee, its successors and assigns forever, a perpetual, non-exclusive appurtenant easement over, abovethrough, under and across and through the Property to construct, operate, replace, repair, and maintain the Improvements (the “Easement”). Grantee accepts the Easement over, above, across and through the Property in its “as is” condition and assumes all risk with respect to its use of the Property Area (defined below) for the Easement. purpose of laying, constructing, installing, inspecting, operating, using, maintaining, repairing, removing, enlarging, and/or reconstructing the [water line / sewer line] and related facilities, including, without limitation, pipes, fixtures, equipment, meters, pumps, connections and other personal property (collectively, “Facilities”) for the conveyance and transfer of [water / sewer], as may be reasonably necessary, appropriate or desirable for Grantee’s use of the Easement is subject to [water line / sewer line], TOGETHER WITH (i) all restrictionsa perpetual, covenantsnon-exclusive appurtenant easement and right for access, easementsingress, licenses, permits, leases and other encumbrances of record as egress over and across the Easement Area for Xxxxxxx’s exercise of the date of this Agreementeasement rights herein conveyed; (ii) Grantor’s a perpetual, non-exclusive appurtenant easement and right to maintainclear and keep the Easement Area free of trees, repair, and operate existing structures, usesbuildings, activities and improvements on fixtures, xxxxx, septic tanks, underground storage tanks, garbage, or any type of personal property which may interfere in any way with or endanger the Property and existing [water line / sewer line], the Facilities or Grantee’s rights under this Easement provided, however, Grantor may pave over the Easement Area in connection with the construction of a parking stall markers and kiosks in the Property, in the locations shown on the attached Exhibit D, as well as install, maintain, repair, and operate additional parking stall markers and/or kiosks; and lot (iii) the right of Grantor to use the Property for any purpose, provided that Grantee may require that if such use unreasonably interferes with Xxxxxxx's use of the Easement that it be promptly removed or modified to eliminate such interference. Grantor agrees to apply for permits from Grantee prior to entering onto the Property to install and operate additional improvements or commence new uses, other than those existing as of the Effective Date and described in this Section, and Grantee agrees not to unreasonably withhold or condition approval of such permits so long as any requested permit paving does not unreasonably interfere with Xxxxxxx’s use of the Easement. rights given to Grantee hereby waives permit fees for Grantor and its contractors for work on the Property. Notwithstanding anything in this Agreement to the contrary, Grantor specifically agrees that it shall not construct any building or other improvements or install landscaping on the Property, other than additional parking stall markers and/or kiosks within the west five (5) feet of the Property, without the prior written consent of Grantee. Xxxxxxx agrees not to unreasonably withhold its consent if the improvement will not unreasonably interfere with Xxxxxxx’s permitted use of the Easement.hereunder); and

Appears in 1 contract

Samples: Easement Agreement

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