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Res 2005-061
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Res 2005-061
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Last modified
2/7/2006 8:26:58 AM
Creation date
2/7/2006 8:26:10 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-61
Date
5/17/2005
Volume Book
161
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<br />Bk Vol pg <br />05017346 OPR 2710 246 <br /> <br />This conveyance is expressly made by Grantor and accepted by the City subject to the following <br />express reservations: <br /> <br />1. GRANTOR expressly reserves the right to convey additional easements within the <br />Permanent Easement for overhead or underground utilities to public utility entities <br />(similar to Canyon Regional Water Authority) and communication entities (similar to <br />Qwest Communications Corporation) so long as such future easements are subject to <br />review and approval by the CITY. <br /> <br />2. GRANTOR expressly reserves the right to construct roads, curbing, utilities, sewer, <br />waterlines, and underground power lines across and perpendicular to the Permanent <br />Easement, so long as such construction does not damage, destroy, injure, and/or interfere <br />with the CITY's use of the Permanent Easement for the purposes for which the easement <br />is conveyed herein. <br /> <br />3. GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, <br />or, and under the Permanent Easement, provided, however, that GRANTOR shall not be <br />permitted to drill Or operate for minerals on the surface of the Permanent Easement, but <br />will be permitted to extract oil and/or gas and/or other minerals from and under the <br />easement by directional drilling or other means, so long as such drilling and/or extraction <br />of minerals does not damage, destroy, injure, and/or interfere with the City's use ofthe <br />Permanent Easement for the purposes for which the easement is conveyed herein. <br /> <br />4. GRANTOR expressly reserves the right to extend fences across and along the Permanent <br />Easement so long as the extension of the fences does not damage, destroy, injure, and/or <br />interfere with the CITY's use of the Permanent Easement for the purposes for which the <br />easement is conveyed herein. <br /> <br />5. GRANTOR expressly reserves the right to pave with concrete or asphalt, base or similar <br />material across the area within the Permanent Easement, so long as such paving across <br />the Permanent Easement does not damage, destroy, injure, and/or interfere with the <br />CITY's use of the easement for the purposes for which the easement is conveyed herein. <br />The CITY agrees to repair any damage caused by the CITY to any such pavement within <br />the Permanent Easement at the CITY's sole cost. <br /> <br />6. GRANTOR expressly reserves the right to use all or any part of the Permanent Easement <br />for any other or further purpose that does not damage, destroy, injure and/or interfere <br />with the use of the easement for the purposes for which the easement is conveyed herein. <br /> <br />PROVIDED, THAT GRANTOR shall not construct or permit to be constructed any house, <br />structure, or other obstruction within the Permanent Easement, except as expressly reserved <br />herein by GRANTOR, and no drilling, mining, exploration for or development of oil, gas and <br />other minerals may be conducted on the Permanent Easement. <br /> <br />TO HAVE AND TO HOLD said Permanent Easement and Temporary Easements upon and <br />subject to the following SPECIAL COVENANTS and CONDITIONS, together with all and <br />
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