My WebLink
|
Help
|
About
|
Sign Out
Home
2025.10.06 CC Packet
Hugo
>
City Council
>
City Council Agenda/Packets
>
2025 CC Packets
>
2025.10.06 CC Packet
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
11/3/2025 1:54:48 PM
Creation date
11/3/2025 1:52:22 PM
Metadata
Fields
Template:
City Council
Document Type
Agenda/Packets
Meeting Type
Regular
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
189
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
<br />4 <br />Easement Agreement <br /> <br /> <br /> Form 704CM; Rev. 04/20/2023 <br /> <br />the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, <br />"Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments <br />necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying <br />them of any work that may damage these Other Improvements and /or interfere with their service and obtain the <br />owner’s written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements <br />on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. <br />Grantee must also use all reasonable methods when working on or near Grantor property to determine if any <br />Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the <br />above-described premises free and clear from combustible materials and to cut and remove or cause to be cut <br />and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to <br />be done at such times and with such frequency as to comply with Grantee and local laws and regulations and <br />abate any and all hazard of fire. <br /> <br />Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other <br />charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi - <br />governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the <br />Improvements. Grantee agrees to purchase, affix and cancel any and all d ocumentary stamps in the amount <br />prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental <br />to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become <br />obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including <br />all of Grantor's legal fees and expenses. <br /> <br />Section 7 Environmental. <br /> 7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all Environmental <br />Laws (as defined below). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or <br />"underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall <br />not handle, transport, release or suffer the release of Hazardous Materials (as defined below) on or about the <br />Premises. <br /> 7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource <br />Operations Center at (800) 832-5452 of any release of Hazardous Materials on, from, or affecting the Premises. <br />Grantee shall use its best efforts to immediately respond to any release on or from the Premises. Any violation <br />of Environmental Laws or any inspection or inquiry by governmental authorities charged with enforcing <br />Environmental Laws with respect to Grantee's use of the Premises must be immediately reported to Grantor at <br />EnvironmentalLeases@bnsf.com. Grantee also shall give Grantor prompt notice of all measures undertaken on <br />behalf of Grantee to investigate, remediate, respond to or otherwise cure a release or violation. <br /> 7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a <br />release or violation of Environmental Laws which occurred or may occur during the term of this Easement <br />Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to tak e timely measures to <br />investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. <br /> <br /> 7.4 Soils and Materials Management. <br /> (a) If during the construction or subsequent maintenance of the Improvements or any other <br />soil-disturbing activities, soils or other materials considered to be environmentally impacted are encountered, <br />Grantee will stop work immediately and notify Grantor. After consultation with Grantor, Grantee shall, at Grantee’s <br />expense, characterize any such impacted soils. Upon receiving sampling results, Grantee shall, at Grantee’s
The URL can be used to link to this page
Your browser does not support the video tag.