Access Easement. Grantor hereby grants, bargains, sells and conveys unto Grantee, its successors and assigns, a non-exclusive, perpetual (subject to Grantor’s default remedies in Section 4 below) easement on, across, through, over and upon the Access Easement Area for vehicular ingress only to the Benefitted Property off of ▇▇▇▇ Forest Road, a public right-of-way. The rights granted herein by Grantor to Grantee expressly include the right to use the Access Easement Area for industrial truck ingress off of ▇▇▇▇ Forest Road, but are limited solely to ingress off of ▇▇▇▇ Forest Road, and expressly do not include the right of egress from the Benefitted Property onto ▇▇▇▇ Forest Road, it being the express intent of the parties hereto to create a one-way flow of truck traffic entering the Benefitted Property through the Access Easement Area located to the north of the Benefitted Property and exiting the Benefitted Property by means of road improvement that Grantee shall construct on the south end of the Benefitted Property. The easement rights granted herein shall be on, across, through, over and upon road improvements to be constructed by Grantee in accordance with Section 1(b) below within the Access Easement Area and being no less than thirty-six feet (36') in width at its narrowest point and no less than forty-eight feet (48’) at the width at its widest point inclusive of the by-pass lane, and of sufficient grade and standards so as to withstand industrial truck traffic (hereinafter the “Road Improvements”). The Road Improvements shall include a left turn lane off of the Grantor’s Driveway into the Benefitted Property, and a passing lane providing thru- traffic flow around trucks entering the Benefitted Property. The improvements are generally depicted on Exhibit B subject to finalized engineering plans submitted to and approved by the Grantor and Georgia Department of Transportation, where applicable. Grantee shall submit to Grantor for Grantor’s review and approval plans and specifications for the Road Improvements, such approval not to be unreasonably delayed, conditioned, or denied, and Grantee shall construct the Road Improvements such that they comply in all material respects with such approved plans and specifications (hereinafter the “Plans and Specifications”).
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Sources: Access Easement Agreement
Access Easement. Grantor Residential Property Owner hereby grants, bargainsconveys, sells declares, creates and conveys unto Granteeestablishes in favor of Commercial Property Owner, its successors as an appurtenance to the Commercial Property a nonexclusive easement (“Access Easement”) for access, ingress and assigns, a non-exclusive, perpetual (subject egress of vehicular traffic to Grantor’s default remedies in Section 4 below) easement on, across, throughand from U.S. Highway 29, over and upon across the roadways located from time to time on the Residential Property and designated by Residential Property Owner for use by the owner of the Commercial Property (“Residential Property Roadways”). The Access Easement shall include the right of the owner of the Commercial Property to connect the roadways located on the Commercial Property into the Residential Property Roadways located on the Residential Property at such location as may be approved by Residential Property Owner, which approval shall not be unreasonably withheld, delayed or conditioned. The Access Easement shall be confined to the road improvements (from back-of-curb to back-of-curb) as they exist and are relocated and/or reconfigured from time to time as hereinafter provided. Residential Property Owner shall have the right to designate the Residential Property Roadways located on the Residential Property that are subject to the Access Easement Area (provided that such roadways provide access, ingress and egress of vehicular traffic to and from U.S. Highway 29 for vehicular ingress only to the Benefitted Commercial Property). Provided, however, the owner of the Commercial Property off of ▇▇▇▇ Forest Road, a public right-of-way. The rights granted herein by Grantor to Grantee expressly include the right to shall not use the Access Easement Area for industrial truck access, ingress off of ▇▇▇▇ Forest Roadand egress purposes until the road improvements for the Residential Property Roadways have been completed and, but if required, approved by the appropriate governmental authorities for use. The nonexclusive easement rights granted in this Paragraph 1 are limited solely subject to ingress off of ▇▇▇▇ Forest Road, and expressly do not include the right of egress from the Benefitted Residential Property onto ▇▇▇▇ Forest RoadOwner to impose reasonable rules, regulations and traffic controls as it being deems necessary or desirable; and Residential Property Owner shall have the express intent of the parties hereto right to create a one-way flow of truck traffic entering the Benefitted Property through the Access Easement Area located take reasonable action to the north of the Benefitted Property and exiting the Benefitted Property by means of road improvement that Grantee shall construct on the south end of the Benefitted Property. The easement rights granted herein shall be on, across, through, over and upon road improvements to be constructed by Grantee in accordance with Section 1(b) below within the Access Easement Area and being no less than thirty-six feet (36') in width at its narrowest point and no less than forty-eight feet (48’) at the width at its widest point inclusive of the by-pass lane, and of sufficient grade and standards so as to withstand industrial truck traffic (hereinafter the “Road Improvements”). The Road Improvements shall include a left turn lane off of the Grantor’s Driveway into the Benefitted Property, and a passing lane providing thru- traffic flow around trucks entering the Benefitted Property. The improvements are generally depicted on Exhibit B subject to finalized engineering plans submitted to and approved by the Grantor and Georgia Department of Transportation, where applicable. Grantee shall submit to Grantor for Grantor’s review and approval plans and specifications for the Road Improvements, such approval not to be unreasonably delayed, conditioned, or denied, and Grantee shall construct the Road Improvements such that they comply in all material respects enforce compliance with such approved plans rules, regulations and specifications (hereinafter the “Plans and Specifications”)traffic controls.
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Access Easement. Grantor Residential Property Owner hereby grants, bargainsconveys, sells declares, creates and conveys unto Granteeestablishes in favor of Commercial Property Owner, its successors as an appurtenance to the Commercial Property a nonexclusive easement (“Access Easement”) for access, ingress and assigns, a non-exclusive, perpetual (subject egress of vehicular traffic to Grantor’s default remedies in Section 4 below) easement on, across, throughand from Main Street and to and from Church Street, over and upon across the roadways located from time to time on the Residential Property and designated by Residential Property Owner for use by the owner of the Commercial Property (“Residential Property Roadways”). Residential Property Owner hereby designates Oakleigh Drive and Wayland Drive as shown on Exhibit “C” attached hereto as Residential Property Roadways over which Commercial Property Owner shall have an Access Easement. For avoidance of doubt the Access Easement Area for vehicular ingress only encumbers a strip of land, the width of which varies, designated as public right of way on Exhibit “C” attached hereto, running across the Residential Property, which strip is contiguous to the Benefitted entire common boundary line of the Parcels and a strip of land perpendicular thereto designated as a 50 foot public right of way on Exhibit “C” attached hereto, running across the Residential Property. The Access Easement shall include the right of the owner of the Commercial Property off of ▇▇▇▇ Forest Roadto connect the roadways located on the Commercial Property into the Residential Property Roadways located on the Residential Property at such locations as may be approved by Residential Property Owner, a public rightwhich approval shall not be unreasonably withheld, delayed or conditioned, including without limitation, the locations shown on Exhibit “C” attached hereto. The Access Easement shall be confined to the road improvements (from back- of-curb to back-of-waycurb). The rights granted herein by Grantor to Grantee expressly include Provided, however, the right to owner of the Commercial Property shall not use the Access Easement Area for industrial truck access, ingress off and egress purposes until the road improvements for Oakleigh Drive and Wayland Drive, as shown on Sheet C200 of ▇▇▇▇ Forest Roadthe LDP Plans, but which Sheet is attached hereto as Exhibit “C,” have been completed and, if required, approved by the appropriate governmental authorities for use. The nonexclusive easement rights granted in this Paragraph 1 are limited solely subject to ingress off of ▇▇▇▇ Forest Road, and expressly do not include the right of egress from the Benefitted Residential Property onto ▇▇▇▇ Forest RoadOwner to impose reasonable rules, regulations and traffic controls as it being deems necessary or desirable; and Residential Property Owner shall have the express intent of the parties hereto right to create a one-way flow of truck traffic entering the Benefitted Property through the Access Easement Area located take reasonable action to the north of the Benefitted Property and exiting the Benefitted Property by means of road improvement that Grantee shall construct on the south end of the Benefitted Property. The easement rights granted herein shall be on, across, through, over and upon road improvements to be constructed by Grantee in accordance with Section 1(b) below within the Access Easement Area and being no less than thirty-six feet (36') in width at its narrowest point and no less than forty-eight feet (48’) at the width at its widest point inclusive of the by-pass lane, and of sufficient grade and standards so as to withstand industrial truck traffic (hereinafter the “Road Improvements”). The Road Improvements shall include a left turn lane off of the Grantor’s Driveway into the Benefitted Property, and a passing lane providing thru- traffic flow around trucks entering the Benefitted Property. The improvements are generally depicted on Exhibit B subject to finalized engineering plans submitted to and approved by the Grantor and Georgia Department of Transportation, where applicable. Grantee shall submit to Grantor for Grantor’s review and approval plans and specifications for the Road Improvements, such approval not to be unreasonably delayed, conditioned, or denied, and Grantee shall construct the Road Improvements such that they comply in all material respects enforce compliance with such approved plans rules, regulations and specifications (hereinafter the “Plans and Specifications”)traffic controls.
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