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201405243
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Last modified
11/21/2014 8:53:09 AM
Creation date
8/26/2014 3:40:30 PM
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DEEDS
Inst Number
201405243
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?0140 5243 <br />the Grantee Property, along with the right to enter the Easement Area (as defined <br />below) for purposes of constructing, reconstructing, maintaining, repairing, replacing, <br />improving, operating, using, and removing the utility service lines in and under the <br />property defined herein as the Easement Area. This Easement further grants to <br />Grantee the right to perform any such activities necessary to connect the service lines <br />and other improvements to the sewer and improvements located in the Easement <br />Area and to otherwise carry out the intent of the Easement. The parties agree that <br />the Easement Area shall be that area depicted as the "Sanitary Sewer Easement" and <br />legally described on Exhibit "A" attached hereto and incorporated by this reference <br />(the "Easement Area "). This Easement shall also provide for the right of Grantee, or <br />its successors and assigns, to construct, reconstruct, maintain, inspect, repair, <br />replace, improve, operate, and use the improvements located in the Easement Area <br />and to access the Grantor Property for such purposes. <br />2. Temporary Construction Easement. In connection with the initial <br />construction and installation of the sanitary sewer lines and related improvements, <br />Grantor further conveys to Grantee a temporary construction easement in the Grantor <br />Property in addition to the permanent utility easement set forth in paragraph 1. The <br />parties agree that the temporary construction easement shall be the area depicted as <br />the "Temporary Easement" and legally described on Exhibit "B" attached hereto and <br />incorporated by this reference. This temporary construction easement shall terminate <br />thirty (30) days after the completion of construction of the utility lines and related <br />improvements. <br />3. Binding Effect. The grant of this easement shall be appurtenant to and <br />run with the land, including future subdivisions and /or reconfigurations of such <br />properties, and shall be binding on all entities having or acquiring any right, title or <br />interest in such properties and shall inure to the benefit of each owner thereof, and <br />shall be binding upon the heirs, executors, administrators, successors and assigns of <br />Grantor herein. Grantee and its successors and assigns, shall be entitled to use and <br />enjoy the easement granted by Grantor for the purposes set forth herein. <br />4. Maintenance. Grantee shall maintain and keep in good repair the <br />sanitary sewer lines and improvements located in the Easement Area. After <br />construction, Grantor shall remain solely responsible for maintenance of the surface <br />of the Easement Area with respect to any items unrelated to the utility services. <br />5. Grantor's Limitations. The Grantor shall not be permitted to construct <br />or permit to be constructed any structure on, over, or within the Easement Area <br />without first securing the prior written consent of Grantee, which consent may be <br />withheld in Grantee's sole and absolute discretion. <br />6. Liability. The sole rights granted herein are the rights to use the <br />Easement Area for the purposes described herein, and each party shall be liable to <br />the other party for any damage caused by the use of the Easement Area by them or <br />their employees, invitees, agents, successors or assigns, contrary to the terms of this <br />Easement. <br />7. Termination. This Easement Agreement shall not be released, <br />terminated, revoked, amended, or modified in any manner, without written consent of <br />-2- <br />
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