paved public street, sidewalks, landscaping, plantings, irrigation system and any and all associated facilities or appurtenances necessary to the foregoing. 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. Grantee shall have the right of access over and across the above-described parcel to enable Grantee to exercise its rights hereunder. Further, Grantee 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 Grantee determines the same to be in the public interest. 1.3 Maintenance of the Surface of the Roadway and Utility Easement. If and when the Grantee maintains, repairs, or improves the Roadway and Utility Easement or the utilities within the Roadway and Utility Easement for any reason, the Grantee, at the conclusion of said maintenance, repair, or improvement of said roadway or utilities located on the Roadway and Utility 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 . Grantee shall have the right to remove, trim or cut any brush, trees, shrubs or other vegetation standing or growing upon or adjacent to 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 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 During the time the easement area is not developed as a public street, the owners of the property shall control noxious weed growth and keep the property in a safe and presentable manner. Any plantings or improvements that exist in or on the easement area shall be subject to removal by the City, without penalty to the City, at such time as a public street or utility system is constructed in the easement area. The Grantee hereby warrants that access in the easement will be maintained. By making the easement area available the Grantor further confirms that no permanent above ground structures will be located on the easement. Further, the owners of the property shall keep all permanent structures set back from the perimeter of the easement area a distance equal to that as contained in the zoning classification for the property in order to insure that no conflicts arise between the permanent improvements on the remainder of the property not subject to the easement, and future construction of the public street or utilities. 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.
Page 2 of 9
Made with FlippingBook flipbook maker