200316111 - Laserfiche WebLink

Browse

200316111 2. Grant of Easements. The Declarant hereby grants to the Permittees the following easements: 2.1 Pedestrian Easements. Nonexclusive easements for the purpose of pedestrian traffic between each Parcel and: (i) each other Parcel; (ii) the public streets now or hereafter abutting or located on any portion of the Shopping Center; and (iii) the public walkways now and hereafter abutting or located on any portion of the Shopping Center; limited, however, to those portions of each Parcel which are improved by the Owner thereof from time to time for pedestrian walkways and made available for general use, as such portions may be altered, relocated or eliminated from time to time by each such Owner. 2.2 Vehicular and Access Easements. Nonexclusive easements for the purpose of vehicular traffic and access between each Parcel and (i) each other Parcel; and (ii) the public streets now and hereafter abutting or located on any portion of the Shopping Center; limited, however, to such portions of each Parcel which are improved by the Owner thereof from time to time for vehicular accessways and made available for general use, as such portions may be altered, relocated or eliminated from time to time by each such Owner. Provided, however, nothing herein shall preclude the Owner of each Parcel from installing directional curbing or traffic directional devices, signs or signals therein, or from installing speed bumps therein, or from installing green or planted areas or landscaped islands therein, or from otherwise modifying such drives to accommodate increased or reduced traffic, or to enhance traffic flow, or to enhance or ensure pedestrian or vehicular safety. 2.3 Utility Easements. The Owners of the Parcels shall cooperate in the granting of appropriate and proper underground easements for the installation, repair and replacement of and connection to storm sewers, sanitary sewers, electrical, water, gas, and telephone lines and related systems necessary for the orderly development and operation of the Shopping Center (collectively "Sewers and Utilities "). No such lines, systems, sewers, or utilities serving one or more Parcels shall be installed within any portion of any Parcel whose Owner has designated such portion as a Building Area or expansion area, it being the intent hereof that such easements, if any, shall be situated under Common Areas. All costs and damages associated with the installation, repair and replacement of the Sewers and Utilities will be borne by the Benefited Owner. The Owner of any Burdened Parcel affected by any of such sewer and utility easements will have the right, at any time, and from time to time, to relocate any such easements then located on the Burdened Parcel on the conditions that: (i) such right of relocation will be exercisable only after thirty (30) days' prior written notice of the intention to relocate has been given to all Owners using the easements to be relocated; (ii) such relocation, without the prior consent of the Owner of the Benefited Parcels, will not interrupt during business hours any sewer or utility service to the improvements then located on the Benefited Parcels; (iii) such relocation will not materially reduce or impair the usefulness or function of the easements to be 3