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Amendment to Easement and Right-of-Way to Allow It to Be Used For...

Phoenix Arizona Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes

Name: Phoenix Arizona Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes
Brand: US Legal Forms
Rating: 4.6 (433 reviews)

Category:

Oil Gas and Minerals - Easements and Rights of Way

State:

Multi-State

City:

Phoenix

Control #:

US-OG-651

Format:

Instant download

Description

This form is used to when the Grantor amends the Easement to allow Grantee and its successors the right to make use of the Easement for any purpose, in addition to the purposes for which it was originally granted, including the right to make use of the Easement for laying lines, wires, and cables for telecommunication purposes, and as long as the Easement, as originally granted and now amended, is still in use, it shall remain and stay in full force and effect.

The Phoenix Arizona Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes is a legal document that grants permission for the utilization of certain properties for telecommunication purposes within the Phoenix, Arizona jurisdiction. This amendment plays a crucial role in supporting the expansion and optimization of telecommunication infrastructure in the region, ensuring efficient and reliable communication services for residents and businesses. By granting the right-of-way, this amendment provides telecommunications companies with the necessary authorization to install and maintain necessary equipment, such as fiber optic cables, telecommunications towers, antennas, and associated infrastructure, on the designated properties. This enables the delivery of a variety of communication services, including but not limited to mobile phone networks, high-speed internet, landline services, and other advanced telecommunications technologies. The Phoenix Arizona Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes recognizes the growing importance of reliable and fast communication networks in the modern world. It aims to remove obstacles and bureaucratic hurdles that could impede the deployment of telecommunication infrastructure, ultimately benefiting the local community and promoting economic development. There might be various types of amendments to the easement and right-of-way in Phoenix, Arizona, each catering to specific aspects of telecommunications purposes. These can include: 1. New Infrastructure Development Amendment: This type of amendment allows for the construction and installation of new telecommunications' infrastructure, often to accommodate the expanding population or new technological advancements. 2. Existing Infrastructure Modification Amendment: This amendment covers changes or upgrades to existing telecommunication facilities, ensuring that the right-of-way can be modified to incorporate necessary enhancements. 3. Maintenance and Repair Amendment: This type of amendment focuses on granting permission for routine maintenance and repair activities to ensure the smooth operation of telecommunications infrastructure and prevent any service disruptions. 4. Technology Upgrade Amendment: With the rapid evolution of telecommunication technologies, this type of amendment grants the approval to replace outdated equipment with newer, more efficient technology, thus improving the overall quality of communication services. The Phoenix Arizona Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes is a critical component in fostering the growth of telecommunication infrastructure in the region, enabling residents and businesses to benefit from the latest advancements in communication technology.

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FAQ

Easement means an acquired legal right for the specific use of land owned by others. Alley means a public right-of-way, other than a street, affording secondary means of access to abutting property.

An easement is a legal right to use property owned by someone else for a specific, limited purpose. Easements are typically identified in the title or recorded deed of the property but still may be unclear.

As a conveyance of a real property interest, an easement in Arizona should be signed by the grantor, duly acknowledged, and then recorded according to law. The easement should be recorded in the county where the property which is the subject of the easement is located.

Prescriptive Easement Requirements The use of the easement must truly be adverse to the rights of the original owner of the property through which the easement is sought and must be without the landowner's permission. If the owner has given permission to use the land, the possession is not adverse.

The Court of Appeals reversed the trial court and ruled that, even if the easement does not expressly provide for a duty to repair or maintain the easement, the owners of the easement have the shared duty to repair and maintain the easement. Freeman, 226 Ariz. 242 at 250.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

1. The obligation to construct and repair a right of way falls on the owner of the dominant tenement who receives the benefit of the right of way. 2. A right of way includes such ancillary rights as are necessary to enjoy the right of way.

The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity Art

Right of way is the land required to construct, maintain and operate a highway properly. DOES THE STATE HAVE THE RIGHT TO TAKE MY PROPERTY? Yes; however, Article 3, Section 9 of the Constitution of West Virginia provides that private property will not be taken or damaged for public use without just compensation.

A prescriptive easement is a legal right enjoyed over another's freehold property and which is obtained through long use. It is similar to adverse possession, but in this case relates to a right to use another person's property in a particular way rather than claiming ownership of the land.

Easement means an acquired legal right for the specific use of land owned by others. Alley means a public right-of-way, other than a street, affording secondary means of access to abutting property.

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CERTIFICATION: Pursuant to A.R.S. Title 37 and the Rules of the Arizona State Land Department, A.A.C. Title 12,. Right of Way Acquisition. 7. 1105.Setback Lines. 7. 1106. For a public utility service see section 369 of the Land Act. Additional Uses for Which a Conditional Use Permit is Required . As a general rule, you need a rightofway grant whenever you plan to build a rightofway facility on public lands. Stormwater drainage; water supply and sewerage; power and gas; telecommunications. They are easy to use and provide access to a wealth of information. steve. Numerous utilities occupy Pima County Right-of-Way (ROW) under license or franchise agreement.

An example of a typical ROW use is sewer service under a franchise agreement for which the utility is responsible to take the sewage directly to the sewer system. You will also find several utilities in the Phoenix area using these permits (see the table). When you use a right-of-way for a utility facility, your permit to do so is for the benefit of the public. When you build a road, pavement, sewer line, or other similar facility on public lands, you are not doing a right-of-way use; you are using your right of way for another purpose. Permits to use a right-of-way are for a purpose determined by the public agency administering the right-of-way (usually the County Parks & Recreation Department). A Right-of-Way Grant Application The Land Department and Public Utilities will only grant a permit if they determine that the proposed facility and its supporting materials are: In conformity with a special public purpose as expressed in the permit application (see page 10).

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Phoenix Arizona Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes

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