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<br />
<br />This easement shall ~ only for the purpose of gaining
<br />underground water drainage access to the detention cell located
<br />in Lot Six (6) of this subdivision as may be required for the
<br />adequate and proper water drainage of the certain other remaining
<br />property within said subdivision, namely a part of Lots Eight
<br />(8), Nine (9), Ten (10) and Eleven (11), The owner or owners of
<br />record of said remaining properties sha3i have the right of
<br />egress aver, through, and upon the property subject to the ease-
<br />ment strictly for the purpose of installing an underground drainage
<br />system into the said detention cell located on Lot Six (6) of
<br />said subdivision. Upon the completion of the placement of said
<br />underground drainage system, Nelsen, or the subsequent owner or
<br />owne~~s of record of said remaining property, namely part of Lots
<br />Eight {8), Nine (9), Ten (20) and Eleven (11}, shall have the
<br />obligation to restore at its own cost, the surface property
<br />within the easement area to its prior condition.
<br />2. It is agreed that all costs in connection with the
<br />installation, restoration of the surface area, repair, replace-
<br />ment, operation, and maintenance of said underground drainage
<br />system shall be the sole obligation jointly and severally of
<br />either Nelsen or any subsequent owner or owners of the said
<br />remaining properties, namely a part of Lots ~.ight (8}, Nine {9),
<br />Ten (10) and Eleven (11) of this subdivision.
<br />3. It is further agreed that Peavey shall not own nor
<br />shall Peavey have any liability whatsoever as a result of the
<br />installation, restoration, repair, replacement, operation,
<br />maintenance and usage of said underground drainage system and
<br />that Nelsen and the subsequent owner or owners of said properties
<br />shall indemnify, defend, and hold Peavey harmless at all times
<br />after the date of this easement agreement for and against any
<br />liability which might arise in connection with any aspect of this
<br />easement agreement or underground drainage system including, but
<br />not limited to, any reasonable attorney fees. Notwithstanding
<br />the foregoing, Peavey shall have the right, but not the obligation,
<br />to remove or disable said underground drainage system, if the
<br />ysame is not properly maintained, repaired or used in accordance
<br />Sterewl tai .
<br />~ _ ..`...
<br />~= This anra"QTMtent and the faitrifui performance of the
<br />ter!rs thersof ~s to run will: the Iana and shah o? binding on all
<br />arsons and all parties claiming ownership of the same, their
<br />heirv, F;~rnona.. representatives, assigns. grantees and devisees
<br />f3r~er .
<br />IN WITNESS WHEREOF, we have hereunto set our hands this
<br />? day of August, 1979.
<br />Attes a PEAVEY DE ARE LIMITED,
<br />By Jo L. Fiala .ti ~ Hy L~d ,7~~'}- er, Vice President
<br />istant Secretary ;;
<br />C. Clifton lsen, Trustee of
<br />the dudith`r•ynne Nelsen Trust 8y
<br />C. NELSEN ENTERPRISES, INC.
<br />Its ~.G --~
<br />~~~ _ -- "-
<br />_.~~ ~ ~'"
<br />C. Clafto~rNelsen; Trustee of C. Cli~itsn Ne s -~ "'°~-.~,_
<br />the KareEllen Nelsen Trust
<br />r.
<br />-~.3°~^..~-. ~"f'~ ~ ' (~v't: ~;.X... 4~i-~ C1 - ' ft/ f Vii' `,~X~ ~~(/';
<br />C. Cli to Nelsen, Trustee o Da.anne Edith Nelsen
<br />the Andrew Cls.fton Nelsen Trust
<br />-~-
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