Laserfiche WebLink
1=p <br /> IV. Easement <br /> 1. Grantee's Property <br /> A. Grantee grants the City an exclusive easement to use Diversion Dam Road on Grantee's <br /> Property for access to property owned by the City to the north and south of Grantee's Property <br /> and construction,operation,and maintenance of water transmission lines,natural gas <br /> transmission lines,provided,however, any water transmission lines or natural gas transmission <br /> lines shall be constructed and/or placed under ground,electrical power lines,and telemetry. This <br /> easement area(described on Exhibit D)will extend fifty feet from each side of the centerline <br /> defined by the GPS coordinates for Diversion Dam Road("Easement Area over Grantee's <br /> Property"). <br /> B. The City shall maintain Diversion Dam Road on Grantee's property to the same extent <br /> the City maintains Diversion Dam Road immediately adjacent to Grantee's property. <br /> C. In the event of a failure of Diversion Dam Road on Grantee's Property that requires <br /> relocation of the road and such failure is not caused by either party, such as in the event of a <br /> landslide,the parties agree to cooperate on location of the new road. The parties will share the <br /> cost of building the relocated road from the point where it enters Grantee's Property from the <br /> south to the point where Grantee's driveway intersects the road. The City will be responsible for <br /> the cost of building the relocated road from the point where Grantee's driveway intersects the <br /> road north to where it leaves Grantee's property. The relocated road will be built to the same <br /> quality and characteristics of the road prior to the failure. For example,the relocated road will <br /> be a gravel road if the road prior to failure was a gravel road and the relocated road will be <br /> approximately the same width as the road prior to failure. <br /> D. The City shall defend, indemnify,and hold Grantee harmless from any and all claims, <br /> demands, lawsuits and actions for personal injury and property damage sustained by Grantee. or <br /> asserted by any third party against Grantee,arising from,related to,or caused by,its use of <br /> Grantee's Property pursuant to this Easement;provided,however,the foregoing indemnity shall <br /> not cover any claims,demands,lawsuits and actions arising from,related to,or caused by <br /> Grantee's sole negligence or willful misconduct. <br /> E. The City shall remedy or repair and be jointly and severally financially responsible to <br /> Grantee for any damage to property owned by Grantee caused by,or arising out of, City's use of <br /> -Grantee's Property pursuant to this easement. <br /> F. On behalf of itself and anyone claiming by or through City,City releases Grantee from <br /> any and all claims for personal injury or property damage arising out of its use of,or caused by, <br /> Grantee's Property. City accepts all risks related to its use of Grantee's Property pursuant to this <br /> easement. City acknowledges and agrees that Grantee owes City no duty other than to allow the <br /> City to cross Grantee's Property as provided by this Easement. <br /> G. Grantee shall not construct any permanent nor temporary improvements in the Easement <br /> Area over Grantee's Property without prior written approval of the City. <br /> 62 <br /> 2 <br />