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<br /> and for telecommunications and/or data uses of DEC, its successors and assigns, which lines may
<br /> consist of single or multiple rows of poles, towers, or other structures (at appropriate intervals
<br /> and without limitation as to number) and related footings and foundations; crossarms; insulators;
<br /> aboveground and/or underground conductors, static wires, grounds, cables, conduits, electronic
<br /> equipment, and other appurtenant apparatus, fixtures, hardware, and appliances; and guy wires
<br /> and anchors inside and/or outside the Right of Way Strip to support DEC's overhead facilities at
<br /> angle points. DEC shall have the right to: (i) clear and keep the Right of Way Strip free of all
<br /> trees and other vegetation (except as provided in subsection (b) below), structures, and other
<br /> objects of any nature including, without limitation, satellite signal receiver systems, billboards,
<br /> signs, buildings, manufactured homes, mobile homes and trailers, graves, wells, retaining walls,
<br /> racking, dumpsters, sheds, fire pits or barbecues, swimming pools and any associated decking,
<br /> septic systems or storage tanks and systems (whether aboveground or belowground), flammable
<br /> materials, building materials, wrecked or disabled vehicles or equipment, refuse of any type, and
<br /> all other objects (whether aboveground or belowground); and (ii) install and maintain roads
<br /> within the Right of Way Strip and install gates in any fences located within the Right of Way
<br /> Strip, to afford DEC access to the Right of Way Strip.
<br /> (b) Grantor's Reserved Use. Grantor shall be entitled to use the Right of Way Strip for all purposes
<br /> not inconsistent with the rights and easements herein granted to DEC, including the right to: (i)
<br /> cultivate and harvest annual seasonal crops (not including orchards or timber); (ii)pave, improve
<br /> and use the Right of Way Strip for vehicular parking, provided that such vehicles are operable
<br /> and readily moveable under their own power and further provided that Grantor installs protective
<br /> barriers satisfactory to DEC for the protection of DEC's facilities; (iii) use the Right of Way
<br /> Strip for recreation, provided no structures or objects (aboveground or belowground) are erected
<br /> or placed therein without the prior written approval of DEC (which DEC may withhold in its sole
<br /> discretion); (iv) use and maintain existing roads and drives and sewer, water, and other utility
<br /> lines within the Right of Way Strip at their existing locations as of the date of this instrument; (v)
<br /> construct, use, and maintain new paved or unpaved roads, streets, and driveways and new water,
<br /> sewer, drainage, and other utility lines or pipes crossing the Right of Way Strip, provided such
<br /> facilities conform to the following requirements: (A) such facilities cross the Right of Way Strip
<br /> from one side of the Right of Way Strip to the other side at an angle of not less than thirty (30)
<br /> degrees between the center line of said facilities and the center line of the Right of Way Strip,
<br /> (B) no road, street, or driveway shall intersect with any other road, street, or driveway, in whole
<br /> or in part, within the Right of Way Strip, (C) no portion of such facilities and their associated
<br /> easement area, if any, is located within twenty-five (25) feet of any of DEC's poles, towers,
<br /> structures, guy wires, or guy anchors, (D) such facilities are constructed in such a manner as to
<br /> withstand the weight of DEC's heavy equipment, and (E) such facilities are constructed in strict
<br /> compliance with all clearance requirements of DEC and all other regulations and ordinances then
<br /> applicable to electrical facilities; (vi) maintain existing fences, provided that DEC may add gates
<br /> to allow it access as set forth in subsection (a)(ii) above; (vii) build new fences on the Right of
<br /> Way Strip with the prior written approval of DEC (which DEC may withhold in its sole
<br /> discretion), provided any such new fences conform to the following requirements: (A) such
<br /> fences shall not be attached to DEC's poles, towers or structures, (B) such fences shall be
<br /> installed at least twenty-five (25) feet from DEC's poles, towers, structures, guy wires, and guy
<br /> anchors, (C) such fences shall not exceed 10 feet in height, (D) such fences shall cross the Right
<br /> of Way Strip from one side of the Right of Way Strip to the other side at an angle of not less than
<br /> Orange County 5.23.17 2
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