|
4:11 -cv- 03211- JMG -CRZ Doc # 44 Filed: 12/03/12 Page 2 of 8 - Page ID # 639
<br />(the "grantor ") hereby grants to whichever of Sprint
<br />Communications Company L.P., Qwest Communications
<br />Company, LLC, and Level 3 Communications, LLC, has
<br />designated for inclusion under a settlement agreement the
<br />right of way which adjoins, underlies, or includes covered
<br />property owned by the class member, together with its
<br />successors, assigns, and licensees (the "grantee "), a
<br />permanent telecommunications easement in the easement
<br />premises. For each county in which this easement deed by
<br />court order in settlement of landowner action is being
<br />recorded, a list of affected class members and their affected
<br />parcels is attached as Exhibit 1. Exhibit 1 shall describe
<br />class members' affected parcels with the following
<br />information, to the extent that it is in the database of
<br />identification information: owner name; owner mailing
<br />address; tax map identification number; tax parcel
<br />identification number; lot number; and section, township,
<br />and range. Exhibit 1 may describe class members' affected
<br />parcels with any other available information.
<br />2. The terms and conditions of the permanent
<br />telecommunications easement that is the subject of this
<br />Easement Deed by Court Order in Settlement of
<br />Landowner Action are:
<br />a perpetual easement and right of way (hereinafter,
<br />together with the rights and privileges herein granted, the
<br />"easement ") and right to place, lay, bury, construct, install,
<br />operate, repair, maintain (including aerial patrol), renew,
<br />rebuild, replace, upgrade, expand, relocate, and remove
<br />fiber optic cables, copper cables, coaxial cables or other
<br />cables through which voice, data, video or other signals are
<br />transmitted, conduits, inner ducts, hand holes, splice
<br />vaults, poles, optical or electronic equipment, regenerator
<br />huts, marker posts or signs, and other related facilities
<br />appropriate for installation, use, or maintenance of such
<br />cables (collectively, the "telecommunications cable system "),
<br />in, on, over, under, through and /or across the easement
<br />premises. The easement premises means all that real
<br />property that (a) either (i) is included within a parcel of
<br />property that is described in Exhibit 1 or (ii) has a common
<br />boundary with a parcel of property described in Exhibit 1
<br />201306737
<br />
|