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Agenda - 12/11/2008 - 4v
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Agenda - 12/11/2008 - 4v
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12/9/2008 3:28:34 PM
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12/9/2008 3:28:33 PM
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BOCC
Date
12/11/2008
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4v
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Minutes - 20081211
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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<br />the purpose of constructing, maintaining, and inspecting said lines and of making all necessary <br />alterations and repairs thereto; the lines of pipe shall be located at such point or points, <br />elevation or elevations, below or above the surface of the earth as shall be necessary, for <br />proper operation of the system, and shall be established at the proper grade for running said <br />lines and for conveying sewage as aforesaid, and said mains and manholes, if any, shall be at <br />such point below or above the surface of the earth as may be necessary for the proper <br />operations of said pipe line or lines; and Grantee shall have the right, privilege and easement to <br />tap the line or lines and construct sewer laterals from the main to the outside boundary of the <br />right-of-way over which this easement and privilege extends; and, Grantee shall have the <br />privilege, easement and right to clear and keep cleared the full width of the easement of and <br />from brush, plants, trees, and any and all other materials, obstructions, structures and <br />encroachments of any kind; (Grantor and Grantee acknowledge that the initial construction of <br />said pipes and manholes within said easement will be by Grantor and its agents, and that, upon <br />completion of said construction of pipe and manholes, they will become the property of the <br />Grantee.) <br />The owner of the fes shall retain the right to: (1) cultivate the ground lying within the <br />boundaries of the easement, (2) to construct, maintain and make available for public use <br />thereof walking, hiking and non motorized vehicle trails on the land within the boundaries of the <br />easement, and (3) to make available to the public other passive recreation uses of the land <br />within the boundaries of the easement; provided, however, such cultivation, trail use and other <br />passive recreation use shall not interfere with the right of the Grantee herein named of ingress <br />and egress to said easement for the purpose of maintenance and repair of said sewer main or <br />mains or the construction and repair of sewer laterals and connections, and such cultivation, <br />trail use and other passive recreation use shall not interfere with Grantee's maintenance, <br />operation or installation of the lines; Grantee shall also have the right at such time as may be <br />convenient to its purpose of ingress and egress to and from the said easement over Grantor's <br />land adjacent to the said easement to any adjoining lands or public rights of way; and provided <br />further that in all cases where there are roads or streets across the tract of land sufficient for the <br />purpose of convenient egress, ingress, and regress in, to, and from the strip of land, such road <br />or streets shall be used by the said Orange Water and Sewer Authority when it is necessary to <br />come in and upon said strip of land for the purposes aforesaid. <br />No building or structure of any kind, except such as constructed by Orange Water and Sewer <br />Authority and, during the initial construction, Grantor and its agents, shall be located or erected <br />upon the above described easement. <br />
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