WHEREAS, Olney Land Trust. ("Grantor"), owns certain real property located at Gustavus, Alaska, First Judicial District, more particularly described as Beginning at a point where the west boundary Lot 1, Section 3, T40S, R59E, CRM intersects with Rink Creek Rd, thence north a strip of Lot 1 fifteen feet wide along the west boundary of Lot 1 to the SW corner of the SE 1/4 of the NE 1⁄4 of Section 3. Thence a strip of land fifteen feet wide northerly along the West boundary of the SE 1⁄4 of the NE 1⁄4 of Section 3, T40S, R59E, CRM to the northwest corner of the SE 1⁄4 of the NE 1⁄4; thence a strip of land fifteen feet wide East along the North boundary of the SE 1⁄4 of the NE 1⁄4 to the Northeast corner of the SE 1⁄4 of the NE 1⁄4 of Section 3.
WHEREAS, you ("Guest") are requesting to utilize road access to the FallsCreek Hydro Electric Project road ("ROAD"), and NOW THEREFORE, for other valuable consideration Grantor hereby; grants temporary revocable ROAD access for a period of _______ day(s) (not to exceed 90 days) access to Guest based on the following restrictions:
- Whereas, the hours of use of ROAD are restricted to 7 am to 9 pm.Whereas, the transport of gravel, rock, timber or other earth material from the State-owned lands across this ROAD easement is forbidden without the express written consent of the Grantor.
- Whereas, Guest shall not use, deposit, or permit the use or deposit of any hazardous or toxic waste or material or other harmful substances on Grantor‘s land or ROAD.
- Whereas, Guest shall not leave their vehicle overnight or camp on Grantor‘s land or ROAD.
- Whereas, Guest shall not exceed five (5) miles per hour or drive in a hazardous manor on Grantor‘s ROAD.
- Whereas, Guest shall not drive with ATV‘s or motorcycles on Grantor‘s land or ROAD.
- Whereas, Guest shall not materially interfere with the normal operation and activities of Grantor in its use of adjoining land.
- Whereas, Guest shall not carry, transport or discharge weapons on ROAD or Grantor‘s land.
- Whereas, Guest will act in an honorable and respectful manor with Grantor or any agents of Grantor.
- Whereas, Guest ROAD access can be revoked verbally without cause by Grantor at any time.
- Whereas, this Revocable Grant of Easement does not encompass the grant of easement by other landowner‘s ROAD rights and may further be restricted by other owner‘s rights.
This Grant of Easement is made on the express condition that Grantor is to be free from all liability byreason of injury or death to persons or injury to property, from whatever cause, arising out of use by Guest of this temporary easement herein granted or of the improvements or personal property thereto or thereon, including any liability for injury or death to the person or property Guest shall be responsible for any damage to the adjoining lands of Grantor or third parties resulting from installation, operation, and maintenance of the rights herein granted, including, but not limited to, soil erosion or damage resulting therefrom. Guest shall promptly repair and restore to original conditionany of Grantor‘s property or ROAD, including, but not limited to, roads, utilities, buildings, and fences that may be damaged or destroyed in connection with the exercise of the easement herein granted.
This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral presentations or modifications concerning this instrumentshall be of no force or effect except in a subsequent modification in writing or orally by Grantor.