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Thursday, October 18, 2018
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Subject: Cable Easement Terms - Spectrum
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EdL7
(North Carolina)

Posts:4


06/10/2018 5:53 PM  


Our HOA is preparing for Spectrum to install cable plant and drops throughout our development. The easement terms Spectrum wants us to deed are below, which I understand are standard for a non-exclusive, no-bulk agreement install.

Although the cable loop gets clearly trenched in the existing street/utility easement, a few of our owners are uncomfortable granting Spectrum general undefined cable drop access to install and maintain the cable to the houses, basically anywhere on their property deemed feasible.

The attorney had no issues with the terms as written. Since every house has different obstructions, access and landscape, I don't see a meaningful way to broadly limit Spectrum's access to installing the cable that would suffice everyone.

I'm curious how other HOAs have handled this common concern?

Easement terms below: Thanks Ed
________________________________________________

W I T N E S S E T H:

For and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby give, grant, quit-claim and convey unto the Grantee a nonexclusive, irrevocable perpetual easement in gross as defined below to go in and upon that tract of land owned by the Grantor, lying and being in ___Chatham_ County, North Carolina, and described as being all of that tract known as _Lot #___ conveyed to the Grantor by Deed of Record at Book XXX ,Page _1146_of the Chatham County Registry.

The easement granted hereunder shall be for the following purposes, and no other:
A. To bury, construct, reconstruct, alter, replace, remove, and maintain and operate in, upon and through said tract, underground or aerial cables for transmitting CATV signals and for other communications purposes, together with wires, conduits, ground connections, meters, attachment apparatus, accessories, service connections and any other necessary apparatus or appliance (hereinafter called "facilities");
B. To cut away or by other means to keep clear of the facilities, all trees, brush and other obstructions (other than asphalt or pavement used for roadway) that may, in any way endanger or inhibit the proper maintenance or operations of the same; and
C. To relocate the facilities over said tract to conform to any future highway or street relocation, widening, improvement, or for any other legitimate reason.

The facilities installed by the Grantee pursuant to this Deed of Easement shall remain the property of same regardless of whether such facilities be affixed to Grantors property.


Thanks Ed

LetA
(Nevada)

Posts:503


06/10/2018 8:49 PM  
Anywhere deemed feasible is a very broad and bland statement. It is there to give Spectrum some immunity to unforeseen problems in their rollout. How
new is your community? If it is fairly new, Spectrum will piggyback off existing easements and utility vaults such as Comcast or landline telephone provider.

I'm curious,, are they laying out fiber optic? If not, I would postpone any installation, perhaps inform your residents.
EdL7
(North Carolina)

Posts:4


06/11/2018 12:33 PM  
Thanks for your reply. Spectrum is laying fiber only in the loop and coax to the homes. It's not optimum better than the DSL we currently have. We are small development of 20 houses so it's basically a low-cost courtesy access extension.
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Forums > Homeowner Association > HOA Discussions > Cable Easement Terms - Spectrum



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