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HomeMy WebLinkAboutGE22-02 Xfinity_Easement GRANT OF EASEMENT This Grant of Easement (this “Easement”) dated 4/1/2022 Comcast Cable , is made by and between its successors and , 8000 E. Iliff Avenue, Denver, CO 80231, with an address of Communications Management, LLC PO , with an address of Golden Eagle Elderly Housing Corporationassigns, hereinafter referred to as "Grantee" and hereinafter referred to as "Grantor." its successors and assigns,, 81631 CO, Eagle500 Broadway St, , Box 850 The Grantor and the Grantee are parties to an Xfinity Communities Service Agreement dated 4/1/2022 (the “Agreement”), pursuant to which the Grantee provides certain services described in the Agreement to the Property described below. In consideration of One Dollar ($1.00), the Grantor(s), owner(s) of the property described below, hereby grant(s) to the Grantee, its successors and assigns, a non -exclusive easement in gross and right-of-way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time, subject to Paragraph 9 of the Agreement, a broadband communications system (hereinafter referred to as the "Distribution System") consisting of wires, underground co nduits, cables, pedestals, vaults, and including but not limited to above ground enclosures, markers and concrete pads or other appurtenant fixtures and equipment necessary or useful for distributing broadband services and other like communications, in, on , over, under, across and along that certain real property (the “Property”) located at 700 Broadway, Eagle in Eagle described as follows: ,CO, County LEGAL DESCRIPTION: (See Attached) The Grantor(s) agree(s) for itself and its heirs and assigns that the Distribution System on the Property shall be and remain the personal property of the Grantee, subject to Paragraph 9 of the Agreement, and may not be altered, obstructed or removed without the express written consent of the Grantee during the term of the Easement. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut trees and/or roots which may endanger or interfere with said Distribution System and shall have free access to said Distribution System and every part thereof, at all times for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on the Property, the Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the area to as near the same condition as it was prior to such excavation as is practical. This Easement shall run with the land for the term of the Agreement and for a period of 3 months thereafter. This Easement is non-exclusive and Grantor reserves the right to use for itself and to grant for others rights-of-way over, under across or through the Property herein granted, provided that they do not interfere with the right of Grantee to use the same for the purposes herein granted. For the term of the Easement, the Grantee agrees to promptly repair, at its sole expense and to the reasonable satisfaction of Grantor, any damage to the Property resulting from the installation, operation, maintenance, repair or removal of the Distribution System by the Grantee to as near the condition prior to such damage as practical. [signatures appear on following pages] DocuSign Envelope ID: 1C02AD08-A89B-4F02-BC7F-A30F5C591E54DocuSign Envelope ID: 27BF61B5-9F54-45BC-8ACA-96A5D1B435CB IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed by their duly authorized representatives as of the date first written above. GRANTOR WITNESS/ATTEST: Golden Eagle Elderly Housing Corporation By: Name: Kimberly Bell Williams, Secretary Name: Jeanne McQueeney Title: Chair GRANTEE WITNESS/ATTEST: Comcast Cable Communications Management, LLC By: Name: Name: David Salazar Title: VP - Sales and Marketing DocuSign Envelope ID: 27BF61B5-9F54-45BC-8ACA-96A5D1B435CB LEGAL DESCRIPTION Golden Eagle Elderly Housing Lot 1B, according to the plat recorded July 18, 1985 in book 420 at page 259, Town of Eagle, County of Eagle, State of Colorado DocuSign Envelope ID: 1C02AD08-A89B-4F02-BC7F-A30F5C591E54DocuSign Envelope ID: 27BF61B5-9F54-45BC-8ACA-96A5D1B435CB