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Attachment 1 3
<br /> telecommunications and/or data uses of DEC, its successors and assigns, which lines may consist
<br /> of single or multiple rows of poles,towers, or other structures (at appropriate intervals and without
<br /> limitation as to number) and related footings and foundations; crossarms; insulators; aboveground
<br /> and/or underground conductors, static wires, grounds, cables, conduits, electronic equipment, and
<br /> other appurtenant apparatus, fixtures,hardware, and appliances; and guy wires and anchors inside
<br /> and/or outside the Right of Way Strip to support DEC's overhead facilities at angle points. DEC
<br /> shall have the right to: (i)clear and keep the Right of Way Strip free of all trees and other vegetation
<br /> (except as provided in subsection(b)below), structures, and other objects of any nature including,
<br /> without limitation, satellite signal receiver systems, billboards, signs, buildings, manufactured
<br /> homes, mobile homes and trailers, graves, wells, retaining walls, racking, dumpsters, sheds, fire
<br /> pits or barbecues, swimming pools and any associated decking, septic systems or storage tanks
<br /> and systems (whether aboveground or belowground), flammable materials, building materials,
<br /> wrecked or disabled vehicles or equipment, refuse of any type, and all other objects (whether
<br /> aboveground or belowground); and (ii) install and maintain roads within the Right of Way Strip
<br /> and install gates in any fences located within the Right of Way Strip, to afford DEC access to the
<br /> 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 and
<br /> 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 Strip
<br /> for recreation, provided no structures or objects (aboveground or belowground) are erected or
<br /> 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 lines
<br /> 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, (B)
<br /> no road, street, or driveway shall intersect with any other road, street, or driveway, in whole or in
<br /> part,within the Right of Way Strip, (C)no portion of such facilities and their associated easement
<br /> area, if any, is located within twenty-five (25) feet of any of DEC 's poles, towers, structures, guy
<br /> wires, or guy anchors, (D) such facilities are constructed in such a manner as to withstand the
<br /> weight of DEC's heavy equipment, and (E) such facilities are constructed in strict compliance
<br /> with all clearance requirements of DEC and all other regulations and ordinances then applicable
<br /> to electrical facilities; (vi) maintain existing fences, provided that DEC may add gates to allow it
<br /> access as set forth in subsection (a)(ii) above; (vii) build new fences on the Right of Way Strip
<br /> with the prior written approval of DEC (which DEC may withhold in its sole discretion),provided
<br /> any such new fences conform to the following requirements: (A) such fences shall not be attached
<br /> to DEC 's poles, towers or structures, (B) such fences shall be installed at least twenty-five (25)
<br /> feet from DEC's poles, towers, structures, guy wires, and guy anchors, (C) such fences shall not
<br /> exceed 10 feet in height, (D) such fences shall cross the Right of Way Strip from one side of the
<br /> Right of Way Strip to the other side at an angle of not less than 30 degrees between the centerline
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