|
<br />D-2
<br />(the “Permanent Easement Property”).
<br />
<br />2. Permanent Easement. Under this Permanent Easement, the Landowner grants to
<br />the Authority, its officers, employees, agents, representatives, and contractors, a permanent and
<br />perpetual easement in, on, over, under, across, and through the Easement Property for the
<br />following purposes: constructing, cleaning, inspecting, reconstructing, restoring, modifying,
<br />managing, maintaining, repairing, and improving the Project; excavating, piling, storing,
<br />depositing, spoiling, spreading, and removing excavated dirt, soil, clay, silt, gravel, rock, or other
<br />materials; moving, storing, and removing equipment, materials, and supplies; planting trees,
<br />shrubs, and other vegetation; removing trees, underbrush, noxious weeds, obstructions, and any
<br />other vegetation, structures, or obstacles from the Easement Property; and the right to perform any
<br />other work necessary and incident to the construction, cleaning, inspecting, reconstructing,
<br />restoring, modifying, managing, maintaining, repairing, or improvement of the Project, together
<br />with all necessary and reasonable rights of ingress and egress to and from the Easement Property.
<br />Additionally, the Landowner grants to the Authority, its officers, employees, agents,
<br />representatives, and contractors the ability to prevent any future development, construction, or use
<br />that would negatively impair or interfere with the Project. The Authority is not responsible for
<br />pre-existing environmental contamination or liabilities.
<br />
<br />3. Consideration. The Landowner specifically acknowledges the consideration
<br />received by the Landowner represents full and final consideration to the Landowner as
<br />compensation or damages regarding the Permanent Easement Property, any of the Landowner’s
<br />remaining property, or the Project, and that the Landowner is not entitled to any further payments,
<br />tax reductions, or damages under any state or federal statute, constitutional provision, rule, or
<br />regulation, or other legal authority.
<br />
<br />4. Easement Runs With the Permanent Easement Property. This Permanent
<br />Easement, and all covenants, terms, conditions, provisions, and undertakings created under this
<br />Permanent Easement, are perpetual and will run with the Permanent Easement Property, and will
<br />be binding upon the Landowner’s heirs, successors, and assigns.
<br />
<br />5. Structures and Personal Property. Any buildings, structures, fixtures, personal
<br />property, or other items remaining on the Permanent Easement Property will automatically become
<br />the Authority’s property upon execution of this Permanent Easement, without the need for any bill
<br />of sale or any other written instrument or agreement. The Authority may then remove any
<br />buildings, structures, personal property, or other items from the Permanent Easement Property, at
<br />its sole discretion and at its sole cost.
<br />
<br />6. Taxes. The Landowner is solely responsible for all taxes and special assessments
<br />or assessments for special improvements due, levied, or assessed regarding the Permanent
<br />Easement Property for all past, present, and future years. The Authority will not be responsible
<br />for payment of any real estate taxes or special assessments regarding the Permanent Easement
<br />Property.
<br />
<br />7. Landowner’s Use of Permanent Easement Property.
<br />
|