Common use of Grant of Easements Clause in Contracts

Grant of Easements. Grantor hereby grants to each Grantee subject to the terms and conditions of this Agreement, a nonexclusive easement appurtenant to each Grantee’s Dominant Tenement over certain portions of the Servient Tenement, which are more particularly described as follows: a. Nonexclusive driveway easement for ingress and egress (collectively, the “Driveway Easements,” and individually, a “Driveway Easement”) appurtenant to and running with the ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇▇▇ Parcel (the “▇▇▇▇▇▇▇ Driveway Easement”), and the ▇▇▇▇ Parcel (the “▇▇▇▇ Driveway Easement”), over those portions of the Servient Tenement more particularly described in Exhibit “G”, Exhibit “H”, Exhibit “I”, and Exhibit “J”, respectively, attached hereto and incorporated herein by reference. b. A nonexclusive easement for roadway purposes (the “Roadway Easement”) appurtenant to and running with each Grantee’s Dominant Tenement over that portion of the Servient Tenement that is presently known as Anza Street, more particularly described in Exhibit “K”, attached hereto and incorporated herein by reference. The District agrees that henceforth the Roadway Easement shall be named ▇▇▇▇▇▇▇▇ ▇▇▇▇. c. The District agrees that the City of Fremont (the “City”) shall be permitted to use the Roadway Easement and the Driveway Easements for public emergency access. The District further agrees to submit a private street application to the City to seek approval of the Roadway Easement as a private street to be named ▇▇▇▇▇▇▇▇ ▇▇▇▇ so that the Roadway Easement may provide legal access to the ▇▇▇▇▇▇▇▇ ▇▇▇▇ Parcels. The District agrees to pursue approval of the private street application diligently with the City, and each Grantee agrees to cooperate fully in obtaining approval of the private street application.

Grant of Easements. Grantor hereby grants and conveys to each Grantee Grantee, and its successors and assigns, and their respective agents, consultants, contractors and invitees involved in the Remedial Activities (collectively "Agents"), and the EPA, the following irrevocable easements, which shall be subject to the terms and conditions of this Agreement, a nonexclusive easement appurtenant to each Grantee’s Dominant Tenement over certain portions of the Servient Tenement, which are more particularly described as followslimitations on use set forth in Paragraph 2: a. Nonexclusive driveway an exclusive easement in, over and under the Grantor Property for ingress the drilling, installation, location, operation, repair and egress replacement of ???? and extraction well▇ ▇▇▇ both groundwater and soil vapor extraction, and related treatment and support systems, utilities, piping, equipment devices, fences, ???? walls and structure (collectively"Remediation Equipment"), excluding the “Driveway Easements,” surface and individually, a “Driveway Easement”) appurtenant to above surface portions thereof on which are located buildings and running with other structures (other than the existing tunnel underlying 350 ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇▇▇ Parcel (the “▇▇▇▇▇▇▇ Driveway Easement”), and the ▇▇▇▇ Parcel (the “▇▇▇▇ Driveway Easement”), over those portions of the Servient Tenement more particularly described in Exhibit “G”, Exhibit “H”, Exhibit “I”, and Exhibit “J”, respectively, attached hereto and incorporated herein by reference. b. A nonexclusive easement for roadway purposes (the “Roadway Easement”) appurtenant to and running with each Grantee’s Dominant Tenement over that portion of the Servient Tenement that is presently known as Anza Street, more particularly described in Exhibit “K”, attached hereto and incorporated herein by reference. The District agrees that henceforth the Roadway Easement shall be named ▇▇▇▇▇▇▇▇ ▇▇▇▇.lding), the locations of which excluded portions are set forth in Exhibit B attached hereto ("Excluded Area"), provided that (i) each access does not unreasonably interfere with Grantor's use of the Property, and (ii) if requested by Grantor, the Remediation Equipment shall be subject to alteration, modification or relocation at the expense of Grantor, subject to governmental approval; b. a non-exclusive easement for pedestrian and vehicular ingress and egress as reasonably required in connection with easements granted in subparagraphs a, c, and d of this Paragraph 1, to and over those areas of the Grantor Property as are generally used for such purpose, provided such access does not unreasonably interfere with Grantor's use of the Property; c. The District agrees an exclusive easement for the installation, location, operation, repair and replacement of a pipeline in, under and over that area of the City Grantor Property depicted in Exhibit ? attached hereto for purposes of Fremont (the “City”) transmission of ground water, provided that, if requested by Grantor, such pipeline and such easement shall be permitted subject to use movement or relocation at the Roadway Easement expense of Grantor, subject to governmental approval, but no such movement or relocation shall impair the ability of such pipeline to connect with the continuation of such pipeline within the existing easement of Grantee on property contiguous with and the Driveway Easements for public emergency access. The District further agrees to submit a private street application to the City to seek approval southerly of the Roadway Easement as a private street Grantor Property; and d. an exclusive easement in and over the Grantor Property, or any portion thereof, excluding the Excluded Area, for the purpose of implementing and effectuating any additional testing or remediation work required by any governmental agency having jurisdiction, provided that, if requested by Grantor, such work and easement shall be subject to be named ▇▇▇▇▇▇▇▇ ▇▇▇▇ so that the Roadway Easement may provide legal access movement or relocation at Grantor's expense, subject to the ▇▇▇▇▇▇▇▇ ▇▇▇▇ Parcels. The District agrees to pursue approval of the private street application diligently with the City, and each Grantee agrees to cooperate fully in obtaining approval of the private street applicationgovernmental approval.

Grant of Easements. Grantor Hanover hereby grants to each Grantee the City and to CPLP and their respective successors and assigns, the following easements: (a) A perpetual, exclusive easement over, upon and across the Hanover Land for purposes of parking Motor Vehicles on a continuous and uninterrupted basis (subject to Force Majeure as defined in Paragraph 20 below) in the CPLP Spaces and the City Spaces subject to the terms rights of CPLP in and conditions to the CPLP Spaces and the rights of the City in and to the City Spaces, respectively, as such rights may change from time to time all as set forth below in Paragraph 2(e); (b) A non-exclusive easement for vehicular access over, upon and across all driveways, ramps and paved areas improved for vehicular traffic as reasonably necessary to provide convenient vehicular access to and from the Parking Spaces; and (c) A non-exclusive easement for pedestrian traffic over all stairs, elevators, walkways and sidewalks, and all driveways, ramps and paved areas as reasonably necessary to provide convenient pedestrian access to and from the Parking Spaces. (d) The foregoing easements are for the benefit of the City, CPLP and all Authorized Users designated by the City and CPLP. City and CPLP acknowledge that Hanover may develop the Hanover Land and such development may include a Garage. If any Parking Spaces are rendered unusable or inaccessible, then Hanover shall relocate the number of Parking Spaces that are unusable or inaccessible to either Temporary Spaces or New Spaces. The parties understand and acknowledge that the Parking Spaces may, from time to time, consist of a combination of some Existing Spaces and/or some Temporary Spaces and/or some New Spaces. The parties also understand and acknowledge that, in the future, all or any portion of the New Spaces may be rendered unusable, damaged, destroyed, redesigned or redeveloped such that all or some of the New Spaces may need to become Temporary Spaces and/or be replaced with other New Spaces (it being understood that any such Temporary Spaces so provided are not intended to be permanent replacements of New Spaces). (e) The parties understand and acknowledge that, except as otherwise expressly provided in this Agreement, a nonexclusive easement appurtenant CPLP has the right to each Grantee’s Dominant Tenement over certain portions control and make all decisions with respect to the CPLP Spaces, and as between CPLP and the City, to control and make all decisions with respect to the City Spaces, as it deems appropriate, including, without limitation, designating which of the Servient Tenement, Parking Spaces are CPLP Spaces and which are more particularly described City Spaces, designating all or any portion of the Parking Spaces as follows: a. Nonexclusive driveway easement exclusive spaces which provide an exclusive right to use the applicable space for ingress and egress 24 hours a day, 7 days a week to a specific Authorized User and/or to designate any Parking Space as a visitor space, and/or to designate any Parking Space to provide Authorized Users the right to park in such space only during certain hours; provided, however, in no event may CPLP, without the prior written consent of the City, make any decisions with respect to the City Spaces that will result in a violation of the City’s obligations under the City Parking Obligations (collectivelyas defined in Paragraph 16 below), the “Driveway Easements,” and individually, a “Driveway Easement”) appurtenant to and running as same existed in 2001 or as same may have been thereafter amended with the ▇consent of CPLP, nor cause the City to incur increased Shared Costs allocable to the City that will not be offset by the City’s share of net revenues from the City Spaces. (f) Without the prior written consent of the City, CPLP may not designate any City Spaces as exclusive spaces except as otherwise provided below. Notwithstanding anything to the contrary contained in this Agreement, sixteen (16) of the City Spaces shall be designated for exclusive use on a 24-hour per day, 7-day per week basis so long as needed to satisfy the City’s obligations under the Parking Agreement dated April 15, ▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇▇▇ Parcel (the “▇▇▇▇▇▇▇ Driveway Easement”), and the ▇▇▇▇ Parcel (the “▇▇▇▇ Driveway Easement”), over those portions of the Servient Tenement more particularly described in Exhibit “G”, Exhibit “H”, Exhibit “I”, and Exhibit “J”, respectively, attached hereto and incorporated herein by reference. b. A nonexclusive easement for roadway purposes (the “Roadway Easement”) appurtenant to and running with each Grantee’s Dominant Tenement over that portion of the Servient Tenement that is presently known as Anza Street, more particularly described in Exhibit “K”, attached hereto and incorporated herein by reference. The District agrees that henceforth the Roadway Easement shall be named ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Telephone & Telegraph Company and the City. Also, notwithstanding anything to the contrary contained in this Agreement, ten (10) of the City Spaces shall be designated for exclusive use by personnel of the City Fire Department on a 24-hour per day, 7-day per week basis. c. (g) The District agrees parties acknowledge and agree that the City of Fremont (the “City”) shall be permitted to use the Roadway Easement and the Driveway Easements for public emergency access. The District further agrees to submit a private street application some access points to the City Parking Spaces, including driveways, ramps, other paved areas, stairs, elevators, walkways and/or sidewalks, may, from time to seek approval time, be temporarily restricted or closed to accommodate (i) planned traffic flows and related matters associated with special events in downtown Tempe, and/or (ii) construction activities on or in connection with the land and/or improvements on which Parking Spaces are located, expressly provided that: (A) at least one method of the Roadway Easement as a private street to be named ▇▇▇▇▇▇▇▇ ▇▇▇▇ so that the Roadway Easement may provide legal vehicular and pedestrian access to the ▇▇▇▇▇▇▇▇ ▇▇▇▇ Parcels. The District agrees Parking Spaces shall be maintained at all times except as may be due to pursue approval Force Majeure (as defined in Paragraph 20 below); (B) Hanover shall provide written notice to CPLP and the City no less than ten (10) business days in advance of any such restriction or closure, unless in the private street application diligently with case of an emergency in which event subsequent notice shall be provided as soon as reasonably possible thereafter; and (C) Hanover shall use commercially reasonable efforts to minimize the Cityrestriction or closure to only that extent reasonably needed for the special event or construction activity, and in any event such restriction or closure with respect to accommodating planned traffic flows and related matters associated with each Grantee agrees special event in downtown Tempe may only extend for a period of up to cooperate fully in obtaining approval of the private street applicationfive (5) consecutive days.

Grant of Easements. Subject to the limitations and restrictions set forth elsewhere in this Agreement, Grantor hereby grants and conveys to each Grantee, on an AS-IS basis without any warranty of any kind, express or implied, the following non-exclusive, perpetual easements, for so long as Grantee subject to the terms and conditions of this Agreement, a nonexclusive easement appurtenant to each Grantee’s Dominant Tenement over certain portions of the Servient Tenement, which are more particularly described as followsowns Parcel 10: a. Nonexclusive driveway An easement for ingress and egress (collectively, the “Driveway Easements,” and individually, a “Driveway Fishing Easement”) appurtenant to for the sole purpose of bank and running with the ▇▇▇▇▇ Parcel fishing on that portion of the banks of the Blue River which courses through Grantor’s Property (the “▇▇▇▇▇ Driveway EasementFishing Easement Permitted Use”), the ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇▇▇ Parcel (the “▇▇▇▇▇▇▇ Driveway Easement”), and the ▇▇▇▇ Parcel (the “▇▇▇▇ Driveway Easement”), over those portions . The easement area is [that portion of the Servient Tenement more particularly Grantor’s Property across which the Blue River flows from time to time extending from the center line of the Blue River to the high water mark on both sides] OR [that portion of the bed and banks of the Blue River, up to the highwater mark on each side of the river, on Grantor’s Property as is legally described in and depicted on Exhibit “G”, Exhibit “H”, Exhibit “I”, and Exhibit “J”, respectivelyC, attached hereto and incorporated herein by referencehereby] (the “Fishing Easement Area”). In the event of any conflict between this subsection (a) and Exhibit C, Exhibit C shall control. b. A nonexclusive An easement for roadway purposes (“Access Easement” and, together with the Fishing Easement, the “Roadway EasementEasements”) appurtenant for the sole purpose of accessing, via pedestrian means only, the Fishing Easement Area for the Fishing Easement Permitted Use (“Access Easement Permitted Use” and, together with the Fishing Easement Permitted Use, the “Permitted Uses”). The easement area is along a trail from Parcel 10 to the Fishing Easement Area, which area is legally described and running with each Grantee’s Dominant Tenement over that portion of the Servient Tenement that is presently known as Anza Street, more particularly described in depicted on Exhibit “K”D, attached hereto and incorporated herein by referenceherby (“Access Easement Area” and, together with the Fishing Easement Area, the “Easement Areas”). The District agrees that henceforth trail shall at all times remain an unpaved, primitive path, unless Grantor, in its sole discretion, improves the Roadway Easement shall be named ▇▇▇▇▇▇▇▇ ▇▇▇▇. c. The District agrees that the City of Fremont (the “City”) shall be permitted to use the Roadway Easement and the Driveway Easements for public emergency access. The District further agrees to submit a private street application to the City to seek approval trail or approves in writing Grantee's improvement of the Roadway Easement as a private street to be named ▇▇▇▇▇▇▇▇ ▇▇▇▇ so that trail. In the Roadway Easement may provide legal access to the ▇▇▇▇▇▇▇▇ ▇▇▇▇ Parcels. The District agrees to pursue approval event of the private street application diligently with the Cityany conflict between this subsection (b) and Exhibit D, and each Grantee agrees to cooperate fully in obtaining approval of the private street applicationExhibit D shall control.

Grant of Easements. Grantor hereby grants to each Grantee Conditioned upon and subject to commencement of the terms Lease Term, Lessor grants the following easements and conditions of this Agreementrights-of-way over, a nonexclusive under and upon Lessor’s Property to Lessee, Lessee’s employees, agents, contractors, sublessees, licensees and their employees, agents and contractors: (i) an easement appurtenant to each Grantee’s Dominant Tenement over certain such portions of Lessor’s Property as is reasonably necessary for the Servient Tenementconstruction, which are more particularly described repair, maintenance, replacement, demolition and removal of the facility to be located upon Leased Premises; (ii) an easement over such portion of Lessor’s Property as follows: a. Nonexclusive driveway is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30’) wide easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for construction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to extend from the nearest public right-of-way to the Leased Premises; and (iv) a utility easement (the “Utility Easement”) in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes; provided that in the event that any public utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, at the sole option of Lessee, Lessor shall grant an alternate easement either to Lessee or directly to the public utility at no cost and in a location acceptable to Lessee and the public utility (collectively, the “Driveway Easements,” and individually, a “Driveway Easement”) appurtenant to and running with the ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), . TO HAVE AND TO HOLD the ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇▇▇ Parcel (the “▇▇▇▇▇▇▇ Driveway Easement”), and the ▇▇▇▇ Parcel (the “▇▇▇▇ Driveway Easement”), over those portions of the Servient Tenement more particularly described in Exhibit “G”, Exhibit “H”, Exhibit “I”, and Exhibit “J”, respectively, attached hereto and incorporated herein by reference. b. A nonexclusive easement for roadway purposes (the “Roadway Easement”) appurtenant to and running with each Grantee’s Dominant Tenement over that portion of the Servient Tenement that is presently known as Anza Street, more particularly described in Exhibit “K”, attached hereto and incorporated herein by reference. The District agrees that henceforth the Roadway Easement shall be named ▇▇▇▇▇▇▇▇ ▇▇▇▇. c. The District agrees that the City of Fremont (the “City”) shall be permitted to use the Roadway Easement and the Driveway Easements for public emergency access. The District further agrees the purposes provided during the Lease Term and thereafter for a reasonable period of time for Lessee to submit a private street application to the City to seek approval of the Roadway Easement as a private street to be named ▇▇▇▇▇▇▇▇ ▇▇▇▇ so that the Roadway Easement may provide legal access to the ▇▇▇▇▇▇▇▇ ▇▇▇▇ Parcels. The District agrees to pursue approval of the private street application diligently with the City, and each Grantee agrees to cooperate fully in obtaining approval of the private street applicationremove its Improvements.

Grant of Easements. Grantor The Parties hereby declare, grant, establish, covenant and agree that the Parcels shall be benefited and burdened by the following easements: (a) Subject to any express conditions, limitations or reservations contained herein, Multifamily Owner hereby grants to each Grantee subject Retail Owner and its Permitees a non-exclusive easement over, through and across the roadway to be constructed on that portion of the Multifamily Parcel which is legally described and depicted in Exhibit C (the “North Access Easement Area”) for the purpose of providing access, ingress and egress to the terms Northern boundary of the Retail Parcel from S. Narcoossee Road so as to provide for the passage of motor vehicles and conditions pedestrians and to and from all abutting streets and rights of this Agreementway furnishing access to such Retail Parcel (the “North Access Easement”). The North Access Easement shall not include access, a nonexclusive easement appurtenant to each Grantee’s Dominant Tenement over certain ingress or egress over, upon or within any gated portions of the Servient TenementMultifamily Parcel or for any areas that fall outside of the North Access Easement Area. (b) Subject to any express conditions, limitations or reservations contained herein, Retail Owner hereby grants to Multifamily Owner and its Permitees a non-exclusive easement over, through and across the roadway to be constructed on that portion of the Retail Parcel which are more particularly is legally described as follows: a. Nonexclusive driveway easement and depicted in Exhibit D (the “South Access Easement Area”) for the purpose of providing access, ingress and egress to the Eastern boundary of the Multifamily Parcel from S. Narcoossee Road so as to provide for the passage of motor vehicles and pedestrians and to and from all abutting streets and rights of way furnishing access to such Multifamily Parcel (the “South Access Easement”) (collectively, the “Driveway Easements,” and individually, a “Driveway Easement”) appurtenant to and running with the ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇ Parcel (the “▇▇▇▇▇ Driveway Easement”), the ▇▇▇▇▇▇▇ Parcel (the “▇▇▇▇▇▇▇ Driveway Easement”), and the ▇▇▇▇ Parcel (the “▇▇▇▇ Driveway Easement”), over those portions of the Servient Tenement more particularly described in Exhibit “G”, Exhibit “H”, Exhibit “I”, and Exhibit “J”, respectively, attached hereto and incorporated herein by reference. b. A nonexclusive easement for roadway purposes (the “Roadway Easement”) appurtenant to and running with each Grantee’s Dominant Tenement over that portion of the Servient Tenement that is presently known as Anza Street, more particularly described in Exhibit “K”, attached hereto and incorporated herein by reference. The District agrees that henceforth the Roadway Easement shall be named ▇▇▇▇▇▇▇▇ ▇▇▇▇. c. The District agrees that the City of Fremont (the “City”) shall be permitted to use the Roadway North Access Easement and the Driveway South Access Easement are the “Access Easements”). (c) The Access Easements for shall be used and enjoyed by each Party and their respective employees, agents, contractors, customers, invitees, licensees, tenants and such future owners of the Parcels (“Permittees”) in such a manner so as to not unreasonably interfere with, obstruct or delay the conduct and operations of the business of any other Party or its Permittees at any time conducted on its Parcel, including, without limitation, public emergency accessaccess to and from said business or community. The District further agrees Both Parties agree that if either Party should decide to submit a private street application dedicate the land the respective Party owns to the City to seek approval of and if the Roadway Easement as a private street to be named ▇▇▇▇▇▇▇▇ ▇▇▇▇ so City accepts same without imposing any material adverse obligations upon either Party, that they will dedicate the Roadway Easement may provide legal access respective Access Easement(s) to the ▇▇▇▇▇▇▇▇ ▇▇▇▇ Parcels. The District agrees to pursue approval of the private street application diligently with the City, and each Grantee agrees to cooperate fully in obtaining approval of the private street application.