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99106376
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Last modified
3/13/2012 6:13:50 PM
Creation date
10/20/2005 11:47:40 PM
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DEEDS
Inst Number
99106376
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'� � '� <br /> 99 10637� <br /> 3.2 Utility Lines and Facilities. <br /> (a) Grant of Easements. Each Owner, as grantor, hereby grants to the other <br /> Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, a nonexclusive <br /> easement under, through and across the Common Area of the grantor's Parcel(s) for the <br /> installation, operation, maintenance, repair and replacement of water drainage systems or <br /> structures, water mains, sewers, water sprinkler system lines, telephones, electrical conduits or <br /> systems, transmission lines and facilities for pneumatic or pressurized air tube devices (between <br /> Parcels 2 and 26), data conduit lines, gas mains and other public or private utilities (collectively, <br /> "Utility Lines and Facilities"). Each Owner agrees to grant such additional easements as are <br /> . <br /> reasonably required by any public or private utility for the purpose of providing Utility Lines and <br /> Facilities to Phase 1 or Phase 2, provided such easements are not otherwise inconsistent with the <br /> provisions of this Declaration. <br /> (b) Construction Repuirements. All Utility Lines and Facilities shall be <br /> installed and maintained below the ground level or surface of such easements, except for ground <br /> mounted electrical transformers and such other facilities as are required to be above ground by <br /> the utility providing such service (including, without limitation, temporary service required <br /> during the construction, maintenance, repair, replacement, alteration or expansion of any <br /> buildings, signs or Common Area improvements located in the Shopping Center). The <br /> installation, operation, inaintenance, repair and replacement of such Utility Lines and Facilities <br /> shall not unreasonably interfere with the use of the improved Common Area or with the normal <br /> operation of any business in the Shopping Center. The grantee shall bear all costs related to the <br /> installation, operation, inaintenance, repair and replacement of such Utility Lines and Facilities, <br /> shall repair to the original specifications any damage to the Common Area resulting from such <br /> use and shall provide as-built plans for all such facilities to the Owners of all Parcels upon which <br /> such Utility Lines and Facilities are located within thirty (30) days after the date of completion of <br /> construction of same. <br /> (c) Relocation. At any time and from time to time, the Owner of a Parcel <br /> shall have the right to relocate on its Parcel any Utility Line or Facility installed pursuant to the <br /> foregoing grant of caseiiient which is then located on the land of such Owner, provided that any <br /> such relocation (i) shall �e performed only after sixty (60) days'notice of the Owner's intention to <br /> undertake the relocatior� shall have been given to the Owner of each Parcel served by the Utility <br /> Line or Facility, (ii) sliall not �unreasonably interfere with or diminish utility service to the <br /> Parcel(s) served by tl�c Utility Line or Facility, (iii) shall not reduce or unreasonably impair the <br /> usefulness or function of the Utility Line or Facility, (iv) shall be performed without cost or <br /> expense to the Owner or occupant of any other Parcel, and (v) shall provide for the original and <br /> 12 <br />
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