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2003/04/09 Council Agenda Packet
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2003/04/09 Council Agenda Packet
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Council Agenda Packet
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4/9/2003
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t) <br /> 1. Use of Grantor's Property by Grantor: <br /> County's rights herein shall at all times be subordinate to such rights of Grantor as <br /> are necessary to preserve and maintain the capabilities of the Grantor's property to be <br /> used for right of way purposes, including but not limited to, road, utility and <br /> pedestrian uses. Nothing herein contained shall prevent or preclude the Grantor from <br /> undertaking the construction, reconstruction, installation, operation, maintenance or <br /> repair, and use of any improvements, or other utilities within the Grantor's property <br /> consistent with the provisions of this Easement. <br /> 2. County's Use and Activities: <br /> County shall exercise its rights under this Easement so as to minimize and avoid <br /> interference with the use by Grantor of Grantor's property for right of way purposes, <br /> including but not limited to, road, utility and pedestrian uses. Except to the extent <br /> necessary to construct, install, repair, and maintain County improvements, County <br /> shall at all times conduct its activities on the Easement Area so as not to interfere <br /> with, obstruct or endanger the Grantor's improvements, operations, facilities or <br /> utilities. County shall install, maintain and operate its improvements and conduct its <br /> activities related to the foundation footings in a manner that protects the Grantor's <br /> improvements, operations, facilities and utilities and further prevents in any way <br /> jeopardizing, damaging and/or interrupting Grantor's improvements, facilities, <br /> operations and/or utilities. <br /> County shall, at its sole cost and expense, comply with all applicable laws, <br /> regulations, permits or requirements of any public authority relating to County use of <br /> the Easement Area. County shall correct at County's own and sole expense any <br /> failure of compliance through County's fault or by reason of County's use. <br /> 3. Coordination of Activities: <br /> County shall give Grantor at least fifteen (15) days advanced written notice of the <br /> proposed dates of County construction, repair and maintenance activities within the <br /> Easement Area. County shall cooperate in the revision of such dates and/or the <br /> coordination of its activities with those of Grantor if deemed necessary by Grantor to <br /> minimize conflicts, insure protection to each party's facilities, prevent hazardous <br /> conditions, or minimize interruption of Grantor's operations. In the event of an <br /> emergency requiring immediate action by County for the protection of its <br /> improvements or other persons or property, however, County may take such action <br /> upon notice to Grantor as is reasonable under the circumstances. <br /> 4. Permission: <br /> Prior to commencing any construction, work or any similar activity by County within <br /> the Easement Area, the County shall notify and submit plans in writing to the <br /> Grantor. Grantor's review of County plans under this Easement shall not be deemed <br /> to impose any duty or obligation on the Grantor to determine the adequacy or <br /> sufficiency of the County plans and designs nor whether County construction, work <br /> or activity is in conformance with other applicable plans, codes and/or regulations. <br /> Further, agreement by the Grantor to such construction, work or activity shall not in <br /> 2 <br />
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