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Attachment 1
<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 : (1) 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 : (1)
<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 instruments (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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