Common use of Easements for Utilities Clause in Contracts

Easements for Utilities. There is hereby created upon, over and under all of the Lots, which does not now, or hereafter, contain a building or structure, for the erection, construction, use, maintenance, repair, relocation and replacement of underground utility lines, poles, drains, pipes, and any other appliances, fixtures or equipment for the provision of utility service, (including, without limitation, cable television), to the Lots or others. It shall be expressly permissible for the Association to grant easements, to the providing company, to construct and maintain the necessary lines, poles, equipment, wires, circuits and conduits on, above, across and under the Lots, so long as such lines, poles, equipment, wires, circuits and conduits do not unreasonably interfere with the use and enjoyment of the Lots. Should any utility company furnishing a service request a specific easement by separate recordable document, the Association shall have the right to grant such easement without conflicting with the terms hereof. In addition, a non-exclusive perpetual easement is hereby reserved to Developer, its successors, and assigns, for their benefit and the benefit of Lot Owners for pedestrian and vehicular access over private roadways within the Subdivision, for ingress and egress to and from the Lots and a public street. Additionally, Developer, for itself and its successors and assigns, reserves the right to extend and tie into utility and sewer lines in the Lots and Common Areas, as permitted by public authority and the utility company involved, to extend such lines into other Lots in the Subdivision. Additionally, Developer reserves the right and easement for itself, its successors and assigns, to enter upon the Common Areas in order to install, maintain, repair, replace and use pipes, wires, antennas, cables, towers, conduits and other lines and facilities for the purpose of providing water, sanitary sewer, storm sewer, electrical, gas, telephone, television and other utility or quasi-utility services to part or all of any Lots; to enter upon the Common Areas to the extent necessary in order to construct residential units and/or other improvements on any Lots; and to use all streets and drives within the Common Areas for purposes of ingress and egress to such Lots.

Appears in 2 contracts

Sources: Real Estate Purchase Agreement (Andersons Inc), Real Estate Purchase Agreement (Andersons Inc)