Res 2022-257R Granting pipleine and right of way easment to Alliance Regional Water Authority ARWA for water transmission pipeline serve the city and its partners.

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Special Terms and Conditions Alliance Regional Water Authority Pipeline and Right -of -Way Easement 1. Limitation on Pipelines. Grantee has the rights as described in the Grant of Easement for not more than three pipelines in the Easement Property. The diameter of any such pipelines and their locations within the Easement Property will be determined by Grantee in its sole discretion. 2. Pipeline Depth. Grantee, in constructing any pipeline along the Easement Property, will bury the pipeline so that the top of same is at least three feet below the surface of the Easement Property. Grantee may, however, construct and maintain facilities and equipment such as manholes, valves, meters, boxes, vents, drain valve assemblies, air releases vacuum valve assemblies, utility vaults, cut off valves, and other structures, facilities and equipment above the surface of the Easement Property. Further, Grantee will have the right to place on, above and below the surface of the Easement Property any and all equipment considered by Grantee necessary for the safe and efficient operation of the pipeline(s). [Note: Consult design engineer before modifying depth or other text.] 3. Fences. Grantee may install temporary gaps in fencing for access during construction, maintenance or repair activity and will take reasonable measures to prevent the passing of livestock through the gaps during Grantee's operations. If Grantee cuts an existing fence, Grantee will brace the fence to prevent sagging. Upon completion of construction, maintenance, repair, or removal activity, Grantee will close the gaps and repair or replace the fence to match the pre -construction condition, except where Grantee installs gates or cattle guards for Grantee's access. 4. Gates. Grantee will keep any gates which Grantee places in any fence on the exterior boundary of Grantor's property locked when not in use. Grantee will either furnish a key to any such lock to Grantor or allow Grantor the opportunity to install a separate lock in the gate. Grantee will take reasonable measures to prevent escape of livestock of the Grantor or Grantor's tenants through any gate while open during Grantee's operations. 5. Damages to Grantor's Property. In addition to any compensation to Grantee's agricultural lease tenants as specifically provided in the Grant of Easement, Grantee will pay for all damages Grantee causes to any property of Grantor or Grantor's tenants outside of the Easement Property. Grantee will make payment for any such damage to Grantor or to Grantor's tenants, as their interests may appear. [Note: This relates to damages outside the easement area. The easement template includes a waiver by the landowner of all damages inside the easement area.] Grantee is not liable for damages caused by keeping the Easement Property clear of trees, undergrowth, brush, and obstructions. 6. Repair of Roadways and Driveways. Grantee will repair Grantor's roadways and driveways if they become damaged as a result of Grantee's operations. Grantee will not allow a roadway or driveway to remain impassable for longer than 24 hours and will provide alternative access to the Grantor at all times. Pipeline Easement Special Terms 20200206