Common use of Conditions of Easement Clause in Contracts

Conditions of Easement. 2.1 District, its agents, employees, contractors and permittees and its successors and assigns, shall have the right (but not the obligation) to trim, cut and clear brush, trees, timber, or other vegetation, structures, and all fire hazards on the Easement Premises, and the right to trim trees as required and remove trees, if any, located on lands of Owner beyond the limits of the Easement Premises, whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. District shall have the right to assess the costs of its activities pursuant to this Section against Owner if such activities are necessitated by breach of Owner’s obligations under Section 2.2. 2.2 Owner hereby covenants that no change will be made to the Easement Premises by grading or otherwise that would materially adversely affect District’s use and enjoyment of the Easement Premises for the purposes described in Section 1 without the prior written consent of District in its sole discretion. Without limiting the foregoing, Owner, its successors, assigns or licensees, shall not place, install, construct or maintain or permit to be placed, installed, constructed or maintained any building or other structure, plant or allow the growth or spread of any trees or other vegetation, drill any well, store any materials of any kind, or excavate or alter ground level by cut or fill, within or affecting the Easement Premises, except with the written approval of District in its sole discretion which shall not be unreasonably withheld. Owner shall also not plant any trees within 2.3 No delay in the construction of or removal or cessation of use of any Facilities shall be deemed to constitute an abandonment of the Easement Premises or any portion thereof. The rights, title, privileges and authority hereby granted shall continue and be in force unless and until such time as District, its successors and assigns, shall, by an express written instrument duly recorded with the Official Records of Pinal County, Arizona, permanently abandon its easement with respect to all or any portion of the Easement Premises, at which time all such rights, title, privileges and authority hereby granted shall terminate with respect to such portion of the Easement Premises. If and when District determines in its sole discretion that it will never have any further use for any portion of the Easement Premises, District will abandon such portion of the Easement Premises upon the request of the owner of fee title thereto. 2.4 District shall have the right (but not the obligation), at its cost, to install, place and maintain on the Easement Premises (a) warning or safety signs regarding the Facilities and (b) safety or security devices, or other protective structures, to protect the Facilities and to prevent access thereto by unauthorized persons. 2.5 Owner shall consult with the District to coordinate installation of other utilities within the Easement Premises and shall secure the District’s consent to such installations, which shall not be unreasonably withheld.

Conditions of Easement. 2.1 District, its agents, employees, contractors and permittees and its successors and assigns, shall have the right (but not the obligation) to trim, cut and clear brush, trees, timber, or other vegetation, structures, and all fire hazards on the Easement Premises, and the right to trim trees as required and remove trees, if any, located on lands of Owner beyond the limits of the Easement Premises, whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. District shall have the right to assess the costs of its activities pursuant to this Section against Owner if such activities are necessitated by breach of Owner’s obligations under Section 2.2. 2.2 Owner hereby covenants that no change will be made to the Easement Premises by grading or otherwise that would materially adversely affect District’s use and enjoyment of the Easement Premises for the purposes described in Section 1 without the prior written consent of District in its sole discretion. Without limiting the foregoing, Owner, its successors, assigns or licensees, shall not place, install, construct or maintain or permit to be placed, installed, constructed or maintained any building or other structure, plant or allow the growth or spread of any trees or other vegetation, drill any well, store any materials of any kind, or excavate or alter ground level by cut or fill, within or affecting the Easement Premises, except with the written approval of District in its sole discretion which shall not be unreasonably withhelddiscretion. Owner shall also not plant any trees withinwithin 20.00 feet of the centerline of the Easement Premises. This paragraph does not prohibit the use of the Easement Premises for such purposes as grass landscaping, paved parking, sidewalks and/or driveways, provided that such use is otherwise in accordance with the terms of this Agreement, and does not interfere with the efficient operation and maintenance of the Facilities, including access thereto. 2.3 No delay in the construction of or removal or cessation of use of any Facilities shall be deemed to constitute an abandonment of the Easement Premises or any portion thereof. The rights, title, privileges and authority hereby granted shall continue and be in force unless and until such time as District, its successors and assigns, shall, by an express written instrument duly recorded with the Official Records of Pinal County, Arizona, permanently abandon its easement with respect to all or any portion of the Easement Premises, at which time all such rights, title, privileges and authority hereby granted shall terminate with respect to such portion of the Easement Premises. If and when District determines in its sole discretion that it will never have any further use for any portion of the Easement Premises, District will abandon such portion of the Easement Premises upon the request of the owner of fee title thereto. 2.4 District shall have the right (but not the obligation), at its cost, to install, place and maintain on the Easement Premises (a) warning or safety signs regarding the Facilities and (b) safety or security devices, or other protective structures, to protect the Facilities and to prevent access thereto by unauthorized persons. 2.5 Owner shall consult with the District to coordinate installation of No other utilities or installations of any kind shall be installed within the Easement Premises Premises, except with the prior written consent of District in its sole discretion. As a condition of granting such consent, District may approve plans and shall secure specifications for any such facilities and the District’s consent to such installations, which shall not be unreasonably withheldmeans and manner of the installation thereof.