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1 <br />89--P102742 <br />constructed by GRANTEE. GRANTEE further <br />agrees to repair any and all damage which may <br />be caused by its use of the easement or <br />damage which may result to GRANTOR'S adjacent <br />property resulting from runoff or discharge <br />onto such property and to put back in a <br />condition the same as that existing prior to <br />removal any fence removed during the <br />construction and installation of such storm <br />drain; <br />(c) The right, from time to time, to trim and out <br />down and clear away any and all trees or <br />brush now or hereafter on the easement, and <br />to trim or cut down and clear away any trees <br />on either side of the easement Which now or <br />hereafter in the opinion of the C- RANTEE may <br />be a hazard to the storm drain artd <br />appurtenances or may interfere with GRANTEE's <br />rights hereunder; <br />(d) The right to install, maintain and use gates <br />in all fences which now cross or shall <br />hereafter cross the easement. <br />GRANTEE agrees: <br />(a) To compensate GRANTOR for grantitq said <br />easement in the following manner: •cash <br />Payment in the amount of One Thousand Sixty <br />Seven Dollars and Fifty Cents ($1,067.50) <br />To promptly bar.kfill and vi'vwYd�:t with <br />material suitable for such purposes as <br />contemplated herein, any excavation made by <br />it within said easement. <br />(c) To construct, backfill, operate, and maintain <br />the storm drain and its appurtenances at such <br />a depth and.in such manner as to allow <br />GRANTOR and its successors or assigns to move <br />head equipment across said easement by rail <br />and to allow for heavy vehicle and truck <br />traffic'acrass said easement on a regular <br />basins,. <br />(d) To indemnify and hold GRANTOR harmless from <br />and against any loss and damage, including <br />attorney's fees, which shall be caused or <br />incurred as a result of any act or omission <br />Of GRANTEE or of its agents or employees in <br />relation to or because of the existence of <br />the easement and storm drain and its <br />appurtenances. <br />(e) To be solely responsible for the <br />construction, operation, and maintenance of <br />the storm drain and its appurtenances for the <br />purpose of or in connection with the <br />easement. And, GRANTEE shall indemnify and <br />hold harmless the GRANTOR, its successors and <br />assigns from any and all claims for personal <br />injury (including death) or damage to <br />property arising out of or in connection with <br />the construction, operation, or maintenance <br />of the storm drain and its appurtenances. <br />LGRANTEE hereby acknowledges that there are <br />existing railroad tracks or rail lines crossing the <br />tract of land subject to this easement and that Grantor <br />and its Guccesnor . or assigns reserve the right to uq;e <br />f � _ <br />r <br />'.i <br />