Agenda - 04-04-2023; 8-g - Expansion of Duke Energy Utility Easement at Gravely Hill Middle School

Browse Search

Attachment 1 4 of the fence and the center line of the Right of Way Strip, and (E) if a fence crosses the Right of Way Strip or makes part of it inaccessible to DEC, Grantor shall install a gate pursuant to DEC 's specifications to allow free access required by DEC's vehicles and equipment; and(viii) excavate, grade, and fill,provided Grantor receives DEC's prior written approval(which DEC may withhold in its sole discretion), which approval may contain conditions including, without limitation, the allowable grade and distances from DEC's facilities that cannot be excavated. (c) DEC's Use of Premises Outside of the Right of Waw. Grantor further grants to DEC, its successors and assigns, the right to enter upon the Premises outside of the Right of Way Strip for the following purposes and uses: (1) to cut, fell and remove any and all trees on the Premises that are or may become tall enough, in DEC's opinion, to fall on or otherwise endanger a line or other facility or structure within the Right of Way Strip ("Danger Trees"). (2) to gain access to the Right of Way Strip and Danger Trees at any time and from time to time by vehicles, equipment, and pedestrians, provided that DEC's use of the Premises outside of the Right of Way Strip shall be confined to then-existing streets, roads, and driveways to the extent they provide sufficient access to the Right of Way Strip and/or Danger Trees by vehicles, equipment, and pedestrians. If then-existing streets, roads, and driveways do not provide sufficient access,then DEC shall be entitled to use a reasonably convenient and feasible access route or routes over the Premises to access the Right of Way Strip and/or Danger Trees and shall be entitled to construct and maintain a roadway or driveway for such purposes. (d) DEC's Repair Obligation. DEC shall repair damage to the Premises, including roads, driveways, and fences,resulting directly from DEC's exercise of its rights granted herein. Provided,however, for purposes of the initial clearing of all trees which DEC is entitled to cut and remove from the Premises pursuant to Paragraphs (a) and(c)herein, said trees shall,upon such cutting,become the property of DEC. Nothing in this Easement shall impose upon DEC any duty to repair or warn of any condition or any type of injury or damage to the Premises existing prior to the date of this Easement nor shall DEC have any duty to repair or warn of any condition or any type of injury or damage upon the Premises caused by the Grantor, any third party, any Act of God, or any natural process, including, without limitation, erosion or conditions caused by vegetation. The failure of DEC to exercise or continue to exercise any of the rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time or from time to time to exercise any and all of such rights. TO HAVE AND TO HOLD the aforesaid rights,privileges and easements unto DEC, its successors and assigns forever. And Grantor, for the Grantor and for the Grantor's successors and assigns, covenants to and with DEC, its successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to convey the said rights and easements, that the same is free and clear from any and all encumbrances, and that Grantor will forever warrant and defend the title to the said rights and easements against the lawful claims of all persons whomsoever.