British Petroleum intends to run a high voltage transmission line from their industrial wind project in Cape Vincent to the substation in Lyme.
It is documented in Acciona's SEQRA that the Development Authority of the North Country has control over the old railroad bed, the route of the regional water line and BP's planned route for their transmission line .
April 9, 2009 ,James Wright, Executive Director of DANC, submitted a letter as part of the Supplemental Environmental Impact Statement . He wrote, “As you know, the Development Authority's Western Jefferson Regional Water Line is installed in the former railroad corridor, and the Authority has easements from all of the affected property owners along that route. The easements: Allow the Authority to build and maintain one or more water lines, no other uses by the Authority are permitted, Allow the grantor of the easement to use the easement lands, but specifically prohibits them from building any permanent structure on, over, or under the Authority's permanent easement and... read letter below
4 comments:
I predict if they don't get the cooperation they want from DANC, BP will just sue.
So....this means the land owner may convey the easements rights to another party....but I would assume (very bad assumption when dealing with lawyers) that when rights are conveyed they INCLUDE the restrictions of the original easement. Any thoughts?
There is a restriction in the deed pertaining to an easement granted by Township Telephone to the Development Authority of the North Country (DANC) for the development of the Western Jefferson County Regional Water Line.
In each Deed is a notation of the easement granted to DANC states, “Subject to an easement granted by Township Telephone Company, Inc. to the D A N C on September 9, 1996, which easement was recorded on September 23, 1996, in the office of the Jefferson County Clerk at L. 1530 of Deeds, p. 295.” The easement granted to DANC by Township Telephone in 1996 has several important provisions that outline the rights of both the Grantor (Township telephone and land owner) and the Grantee (DANC).
In the section of the DANC easement titled USE OF EASEMENT
PREMISES BY GRANTOR, it states, “The right to use the Permanent
Easement for any purpose not interfering or inconsistent, in the opinion of the Grantee (DANC), with this Easement is expressly reserved by the Grantor (Township telephone and said land owner)
provided, however, that the Grantor shall neither build, erect, construct or place upon, over or under the Permanent Easement, anything of a permanent nature or character.”
“It is further understood and agreed that the Facilities shall at all times be and remain the property of Grantee (DANC) and under its unconditional control and supervision” (emphasis added). These provisions state clearly that DANC has control over any infrastructure that would be erected or placed upon Mason's parcel. Furthermore, in the section titled INUREMENT OF BENEFITS AND BURDENS it states “the Grantee (DANC), its successors and assigns shall have the right to assign to others, in whole or in part, any or all of the Grantee's rights, privileges and interests in this easement.”
Through this easement the control of the use of the “old railroad
grade” rests with DANC and not with anyone else.
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