Common use of Grant of Easements Clause in Contracts

Grant of Easements. (a) Developer hereby grants to City the following: a non-exclusive perpetual easement on and over the ADOT Retention Basin Access Easement for the purpose of ingress and egress to and from the ADOT Retention Basin for the use by City employees, visitors, and invitees and the general public. Developer shall not construct any fence, wall, or other barrier or structure of any kind on the ADOT Retention Basin Access Easement that would prevent, obstruct or impair the passage of pedestrian, bicycle, or vehicular traffic over the ADOT Retention Basin Access Easement. (b) City hereby grants to Developer the following: (1) a non-exclusive perpetual easement, on and over the Drainage Channel Easement for the purpose of discharge from the Developer Property and retention in the ADOT Retention Basin of storm water, surface water and other naturally occurring water flow from the Developer Property and Lot 7, so that the Developer Property will not be required to retain any storm water, surface water or other naturally occurring water flow from the Developer Property and Lot 7; and (2) a non-exclusive perpetual easement on and over the Drainage Channel Easement area for the purpose of constructing, installing, operating, maintaining, modifying and/or replacing the Drainage System (as defined in Section 4). The foregoing easement also includes a right of access over the Drainage Channel Easement area to the extent reasonably necessary for Developer and its successors, assigns, agents and contractors to construct, install, operate, maintain, modify and/or replace such Drainage System. (c) The ADOT Retention Basin Access Easement and Drainage Channel Easement are sometimes referred to hereinafter collectively as the “Easement Areas.” (d) City agrees that, by virtue of the agreements contained in this Agreement, there is no further need for Developer to maintain the temporary retention basins shown on the Plat (and on previous plats). City agrees to support and process appropriate plat amendments to eliminate the temporary retention basins.

Grant of Easements. (a) Developer Landlord hereby grants to City Tenant an access easement twenty (20) feet in width from the following: Leasehold Parcel to the nearest accessible public right-of-way (the “Access Easement”) and a nonutility easement ten (10) feet in width to the nearest suitable utility company-exclusive perpetual easement on and over approved service connection points (the ADOT Retention Basin “Utility Easement”); the Access Easement and the Utility Easement are collectively referred to herein as the “Easements”; the lands underlying the Access Easement and the Utility Easement are collectively referred to herein as the “Easement Parcels,” which Easement Parcels are further described in Exhibits “A” & “B” attached hereto and incorporated herein). The Easements granted herein shall include, but not be limited to, a. The right to clear vegetation, cut timber, and move earthen materials upon the Easement Parcels, with 48 hours prior notice to Landlord, b. The right to improve an access road within the Access Easement Parcel, with the prior written permission of Landlord, c. The right to place use, repair, replace, modify and upgrade utility lines and related infrastructure and equipment within the Utility Easement Parcel, with the prior written permission of Landlord, d. With forty-eight (48) hours prior notice to Landlord, tThe right to enter and temporarily rest upon ▇▇▇▇▇▇▇▇’s adjacent lands for the purpose purposes of (i) Installing, repairing, replacing and removing the Improvements (as defined below) and any other personal property of Tenant from the Leasehold Parcel and (ii) Improving the Easement Parcels, including the right to bring in and use all necessary tools and machinery, and e. With 48 hours prior notice to Landlord, TtThe right of pedestrian and vehicular ingress and egress to and from the ADOT Retention Basin for Leasehold Parcel at any time over and upon the use by City employees, visitors, and invitees Access Easement Parcel. The Leasehold Parcel and the general public. Developer shall not construct any fence, wall, or other barrier or structure of any kind on the ADOT Retention Basin Access Easement that would prevent, obstruct or impair the passage of pedestrian, bicycle, or vehicular traffic over the ADOT Retention Basin Access Easement. (b) City hereby grants to Developer the following: (1) a non-exclusive perpetual easement, on and over the Drainage Channel Easement for the purpose of discharge from the Developer Property and retention in the ADOT Retention Basin of storm water, surface water and other naturally occurring water flow from the Developer Property and Lot 7, so that the Developer Property will not be required to retain any storm water, surface water or other naturally occurring water flow from the Developer Property and Lot 7; and (2) a non-exclusive perpetual easement on and over the Drainage Channel Easement area for the purpose of constructing, installing, operating, maintaining, modifying and/or replacing the Drainage System (as defined in Section 4). The foregoing easement also includes a right of access over the Drainage Channel Easement area to the extent reasonably necessary for Developer and its successors, assigns, agents and contractors to construct, install, operate, maintain, modify and/or replace such Drainage System. (c) The ADOT Retention Basin Access Easement and Drainage Channel Easement Parcels are sometimes collectively referred to hereinafter collectively herein as the “Easement AreasPremises.” (d) City ” Landlord agrees thatto make such additional direct grants of easement, by virtue of such grants not to be unreasonably withheld, conditioned or delayed, as Tenant may request in order to further the agreements contained purposes for which Tenant has been granted the easements set forth in this Agreement, there is no further need for Developer to maintain the temporary retention basins shown on the Plat (and on previous plats). City agrees to support and process appropriate plat amendments to eliminate the temporary retention basinsSection 2.

Grant of Easements. (a) Developer Landlord hereby grants to City Tenant an access easement twenty (20) feet in width from the following: Leasehold Parcel to the nearest accessible public right-of-way (the “Access Easement”) and a nonutility easement ten (10) feet in width to the nearest suitable utility company-exclusive perpetual easement on and over approved service connection points (the ADOT Retention Basin “Utility Easement”); the Access Easement and the Utility Easement are collectively referred to herein as the “Easements”; the lands underlying the Access Easement and the Utility Easement are collectively referred to herein as the “Easement Parcels,” which Easement Parcels are further described in Exhibits “A” & “B” attached hereto and incorporated herein). The Easements granted herein shall include, but not be limited to, a. The right to clear vegetation, cut timber, and move earthen materials upon the Easement Parcels, b. The right to improve an access road within the Access Easement Parcel, c. The right to place use, repair, replace, modify and upgrade utility lines and related infrastructure and equipment within the Utility Easement Parcel, d. The right to enter and temporarily rest upon ▇▇▇▇▇▇▇▇’s adjacent lands for the purpose purposes of (i) Installing, repairing, replacing and removing the Improvements (as defined below) and any other personal property of Tenant from the Leasehold Parcel and (ii) Improving the Easement Parcels, including the right to bring in and use all necessary tools and machinery, and e. The right of pedestrian and vehicular ingress and egress to and from the ADOT Retention Basin for Leasehold Parcel at any time over and upon the use by City employees, visitors, and invitees Access Easement Parcel. The Leasehold Parcel and the general public. Developer shall not construct any fence, wall, or other barrier or structure of any kind on the ADOT Retention Basin Access Easement that would prevent, obstruct or impair the passage of pedestrian, bicycle, or vehicular traffic over the ADOT Retention Basin Access Easement. (b) City hereby grants to Developer the following: (1) a non-exclusive perpetual easement, on and over the Drainage Channel Easement for the purpose of discharge from the Developer Property and retention in the ADOT Retention Basin of storm water, surface water and other naturally occurring water flow from the Developer Property and Lot 7, so that the Developer Property will not be required to retain any storm water, surface water or other naturally occurring water flow from the Developer Property and Lot 7; and (2) a non-exclusive perpetual easement on and over the Drainage Channel Easement area for the purpose of constructing, installing, operating, maintaining, modifying and/or replacing the Drainage System (as defined in Section 4). The foregoing easement also includes a right of access over the Drainage Channel Easement area to the extent reasonably necessary for Developer and its successors, assigns, agents and contractors to construct, install, operate, maintain, modify and/or replace such Drainage System. (c) The ADOT Retention Basin Access Easement and Drainage Channel Easement Parcels are sometimes collectively referred to hereinafter collectively herein as the “Easement AreasPremises.” (d) City ” Landlord agrees thatto make such additional direct grants of easement, by virtue of such grants not to be unreasonably withheld, conditioned or delayed, as Tenant may request in order to further the agreements contained purposes for which ▇▇▇▇▇▇ has been granted the easements set forth in this Agreement, there is no further need for Developer to maintain the temporary retention basins shown on the Plat (and on previous plats). City agrees to support and process appropriate plat amendments to eliminate the temporary retention basinsSection 2.