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assigns, a perpetual easement and right-of-way for the purpose of laying, erecting, constructing,
<br />operating, repairing, replacing, upgrading, enlarging, relocating and maintaining public utility
<br />facilities including, without limitation, drainage, water, wastewater, natural gas, cable, electric,
<br />communications or other utility facilities and any and all related appurtenances including, without
<br />limitation, all necessary pipelines, wires, transmission and distribution lines, conduit, valves,
<br />fittings, appliances, transformers, devices, manholes, vents, poles, towers, antennae, guys, junction
<br />boxes, switches, meters and any other appurtenances (the utility facilities and related
<br />appurtenances being referred to collectively as the "Utility Facilities") (whether located on, below
<br />or above the surface of the land) upon, over, across, through and under the Easement Area, together
<br />with surface uses incidental thereto, including the free right of ingress and egress over and across
<br />the Easement Area, and the right to excavate and refill ditches and trenches for the construction,
<br />repair, replacement, upgrading, relocation, maintenance and operation of the Utility Facilities (the
<br />foregoing grant and rights being collectively referred to herein as the "Easement"), to have and to
<br />hold it to Grantee and Grantee's successors or assigns forever. Grantor binds Grantor and
<br />Grantor's heirs, executors, administrators, successors and assigns to warrant and forever defend
<br />this Easement to Grantee and Grantee's successors and assigns against every person whomever
<br />lawfully claiming or to claim the same or any part thereof.
<br />The Grantor covenants for itself and its successors and assigns, not to place or maintain any
<br />building, structure, or any other obstruction on or within the Easement Area, or to use the surface
<br />of the Easement Area for any purpose that would interfere with or prevent the use by Grantee of
<br />the Easement Area for the purposes set forth herein without the consent of Grantee. Grantee shall
<br />have the right to remove any building, structure or other improvements in the Easement Area to
<br />which it has not consented.
<br />Grantee shall have the right to cut, trim, and control the growth of trees and other vegetation and
<br />to remove or alleviate other such obstructions on and in the Easement Area without payment to
<br />the Grantor, which interferes with or threatens the operation and maintenance of the Utility
<br />Facilities.
<br />Grantor acknowledges that any and all Utility Facilities in the Easement Area shall remain the
<br />property of Grantee.
<br />Grantor expressly subordinates all rights of surface use of the Easement Area incident to the
<br />mineral estate to the above described uses and surface uses by Grantee and agrees to any lien
<br />holder subordinations as may be requested by Grantee.
<br />Release of Property Interest: In consideration of the foregoing, except as to the Easement
<br />granted herein, Grantee hereby releases and quitclaims to Grantor all of Grantee's rights, title and
<br />interest in and to the Property arising from the placement thereon of certain sewer line facilities or
<br />any other prior uses of the Property by Grantee, to have and to hold it to Grantor, Grantor's heirs,
<br />executors, administrators, successors or assigns forever. Neither Grantee nor Grantee's successors
<br />or assigns shall have a claim or demand any right or title to the Property or any part of it. In
<br />connection with such release and quitclaim of real property interests, Grantee hereby further
<br />acknowledges that is has abandoned any sewer line facilities or other personal property in place
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