with consent and approval by Grantor, which shall not be unreasonably withheld by Grantor. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems with consent and approval of Grantor, which shall not be unreasonably withheld by Grantor. Grantee shall have the right of access over and across the above-described parcel to enable Grantee to exercise its rights hereunder. Further, Grantor reserves the right to convey, grant, or declare private utility easements within the Easement area, with the same access rights thereto over and across the above-described parcel, when Grantor determines the same to be in the public interest. 1.3 Maintenance of the Surface of the Trail Easement. If and when the Grantee maintains, repairs, or improves the Trail Easement for any reason, the Grantee, at the conclusion of said maintenance, repair, or improvement of said access located on the Trail Easement shall have the obligation of returning any unused surface area of the easement to the condition it was in prior to the maintenance, repair, or improvement which resulted in a disturbance of the surface. The cost of returning the surface to its prior condition shall be the sole and separate responsibility and obligation of the Grantee. 1.4 Clearing and Maintenance . The Grantor shall be responsible for regular maintenance of landscaping areas within the easement, which includes but is not limited to, mowing, weed control, tree care, and landscaping irrigation system maintenance. Grantee shall have the right to remove, trim or cut any brush, trees, shrubs or other vegetation standing or growing upon said facilities which in the opinion of the Grantee constitutes an obstruction to the maintenance, repair or improvement of, or a danger to, said facilities. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable non-chemical means, the establishment and growth of brush, trees, shrubs or other vegetation in the Easement area. In addition, Grantee shall have only non-exclusive use of the property as described in the easement, together with the rights of the Grantor and other Grantees The Grantee hereby warrants that permanent access in the easement will be maintained. 2. AGREEMENTS BETWEEN GRANTOR AND GRANTEE . The rights, title, privileges, and authority hereby granted shall continue and be in full force until such time as the Grantee, its successors or assigns, shall permanently remove said facilities and/or appurtenances from said property, or shall otherwise permanently abandon said facilities, at which time all such rights, title, privileges, and authority hereby granted shall terminate, and Grantee, at the request of Grantor, shall execute a document evidencing such termination and clearing title of this easement. 3. EASEMENT RUNS WITH THE LAND. The easements granted herein, the restrictions established herein, and the covenants on the part of the Declarants, shall run with the land described herein and shall bind and be obligatory upon the parties and their respective successors and assigns, tenants, subtenants, licensees, and invitees. 4. SUCCESSORS AND ASSIGNS. Declarants shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in or under the easements conveyed, granted and reserved herein. Without limiting the generality of the foregoing, the rights and obligations of the declarants shall inure to the benefit of and be binding upon their respective successors and assigns.
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