TYPE OF EASEMENT. The Easement described above shall be non-exclusive except that Grantee shall have the exclusive right to construct, install, and maintain sidewalks, earth cut/fill slopes and all related facilities within the Easement, including the right of access to such facilities and the right to remove any obstructions including trees and vegetation within the Easement. The Easement shall include the exclusive right, privilege and authority to Grantee to excavate for, construct, build, install, lay, patrol, maintain, repair, replace and remove sidewalks, earth cut/fill slopes incident thereto or necessary therewith; and, together with the right of Grantee to place, excavate, replace, repair, install, maintain, inspect, add to the number of and relocate such sidewalks; and, make excavations from time to time, in, under and through the above-described premises within said Easement; and, to cut and remove from said Easement any trees and other obstructions which may endanger the safety or interfere with the use of said sidewalks; and, the right of ingress and egress to and over said above-described premises at any and all times for the above purposes; and, for doing anything necessary, useful or convenient for the enjoyment of the Easement hereby granted. Grantor may use the surface of the Easement provided such use does not interfere with Grantee’s rights contained in this Easement. Grantor shall not permit any other use or utilities to be located in the Easement without the written consent of Grantee. Approved uses within the Easement shall consist of, but are not limited to landscaping, paved driveway or parking areas, trails, paths, sidewalks or other uses that will not affect the ability of the Grantee or utilities to access the Easement. Prohibited uses shall consist of, but are not limited to, permanent structures, buildings, or any other obstruction, excavation or alteration of the Easement. The Easement shall perpetually encumber the property (“run with the land”). No earth fill or embankment shall be placed within the Easement without a specific written agreement between Grantee and Grantor, their successors, or assigns. Should such specific agreement be executed, Grantee will set forth the conditions under which such fill or embankment may be placed, including a stipulation that all risks of damage to the sidewalks within the Easement shall be assumed by Grantor, its successors, or assigns.
TYPE OF EASEMENT. Easements can benefit a specific parcel of land (appurtenant easements) or can be unrelated to any particular parcel of property (easements in gross). An appurtenant easement is inseparable from the benefited parcel of land. For example, in most (if not all) jurisdic- tions, an access easement that is appurtenant to forestlands remains appurtenant to those lands even if the forestlands are sold to another party, unless the easement agreement limits the transferability of the easement. On the other hand, an easement in gross cannot typically be assigned to another party. For example, if a xxx- ber company obtained an easement in gross to access certain timber it purchased, the timber company might be unable to sell the easement to another party.
TYPE OF EASEMENT. The easement described above shall be non-exclusive except that Grantee shall have the exclusive right to construct, install, maintain and operate the sewer and water lines and all related facilities within the easement. Grantor shall not locate any structures within the easement. Grantor may use the surface of the easement provided such use does not interfere with Grantee’s rights contained in this easement. Grantor shall not permit any other utilities to be located in the easement without the written consent of Grantee. The easement shall perpetually encumber the property.
TYPE OF EASEMENT. The easement (PUE) described above shall be non-exclusive except that Grantee and utilities shall have the exclusive right to construct, install, maintain and operate the utilities, their equipment and all related facilities above and below ground within the PUE including the right of access to such facilities and the right to require the removal of any obstructions including trees and vegetation that may be placed within the PUE at Grantor’s expense. Grantor may use the surface of the PUE provided such use does not interfere with Xxxxxxx’s rights contained in this easement. Grantor shall not permit any other use or utilities to be located in the PUE without the written consent of Grantee. Approved uses within the PUE shall consist of, but are not limited to, landscaping, paved driveway or parking areas, trails, paths, sidewalks or other uses that will not affect the ability of the City or utilities to access the PUE. Prohibited uses shall consist of, but are not limited to, permanent structures, buildings, or any other obstruction, excavation or alteration of the PUE. The PUE shall perpetually encumber the property.
TYPE OF EASEMENT. The easement described above shall be non-exclusive except that Grantee shall have the exclusive right to construct, install, maintain, operate and access the storm drain lines, drainage utilities, and all related facilities within the easement. Grantor may use the surface of the easement provided such use does not interfere with Grantee’s rights contained in this easement. Easement shall remain unobstructed and shall be free of permanent structures. Prohibited uses shall consist of, but are not limited to, buildings, structures, or excavation. Grantor shall not permit any other utilities to be located in the easement without the written consent of Grantee. The easement shall perpetually encumber the property.
TYPE OF EASEMENT. The easement created by this grant and agreement is an easement appurtenant, not an easement in gross.
TYPE OF EASEMENT. The easement described above shall be non-exclusive except that Grantee and utilities shall have the exclusive right to construct, install, maintain and operate the utilities, their equipment and all related facilities above and below ground within the easement including the right of access to such facilities and the right to require the removal of any obstructions including trees and vegetation that may be placed within the easement at Grantor’s expense. The public shall have the right of access to the easement area for vehicular and pedestrian use. Drive aisles, vehicle paths, sidewalks, paths and walkways within the easement area shall be open to the public and remain clear of debris or any other obstruction. Grantor shall not permit any other use or utilities to be located in the easement without the written consent of Grantee. Grantor may use the surface of the easement provided such use does not interfere with Grantee’s rights contained in this easement. Approved uses within the easement shall consist of, but are not limited to, landscaping, paved driveway or vehicle stacking areas, paths, sidewalks or other uses that will not affect the ability of the public, City or utilities to access the easement. Prohibited uses shall consist of, but are not limited to, permanent structures, buildings, or any other obstruction, excavation or alteration of the easement. The easement shall perpetually encumber the property.
TYPE OF EASEMENT. The easement described above shall be non-exclusive except that Grantee and utilities shall have the exclusive right to construct, install and operate sidewalks and utilities and to maintain the related slope and utilities, their equipment and all other related facilities above and below ground within the easement including the right of access to such facilities and the right to require the removal of any obstructions including trees and vegetation that may be placed within the easement at Grantor’s expense. Grantor shall not permit any other use or utilities to be located in the easement without the written consent of Grantee. Grantor may use the surface of the easement provided such use does not interfere with Grantee’s rights contained in this easement. Approved uses within the easement area shall consist of, but are not limited to, sidewalks, paths, landscaping, paved driveway or parking areas, or other uses that will not affect the ability of the City or utilities to access the easement area. Prohibited uses shall consist of, but are not limited to, permanent structures, buildings, or any other obstruction, excavation or alteration of the sidewalk, slope and easement. Placement of additional fill abutting the slope is acceptable. The easement shall perpetually encumber the property.
TYPE OF EASEMENT. The easement described above shall be non-exclusive except that Grantee shall have the exclusive right to construct, maintain and operate the storm retention basin and related public storm water control facilities within the easement. Grantor may use the surface of the easement provided such use does not interfere with Grantee’s rights contained in this easement. Grantor shall not permit any other use or utilities to be located in the easement without the written consent of Grantee. Approved uses within the easement area shall consist of, but are not limited to, landscaping, or other uses that will not affect the ability of the City to access the basin. Easement shall remain unobstructed and shall be free of permanent structures. Prohibited uses shall consist of, but are not limited to, buildings, structures, or any excavation, filling or alteration of the basin and related facilities. The easement shall perpetually encumber the property.
TYPE OF EASEMENT. The easement described above shall be non-exclusive except that Grantee shall have the exclusive right to construct and maintain an earth cut/fill slope and all related facilities within the easement. Grantor may use the surface of the easement provided such use does not interfere with Grantee’s rights contained in this easement. Grantor shall not permit any other use or utilities to be located in the easement without the written consent of Grantee. Approved uses within the easement area shall consist of, but are not limited to, paved driveway or parking areas, trails, paths, or other uses that will not affect the ability of the City to access the slope area. Prohibited uses shall consist of, but are not limited to, buildings, structures, or any excavation or alteration of the earth slope. Placement of additional fill abutting the slope is acceptable. The easement shall perpetually encumber the property.
