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Except as provided herein, Grantor covenants for itself and its successors and assigns,not to place <br /> or maintain any building, structure, or any other obstruction on or within the Easement Area, or to <br /> use the surface of the Easement Area for any purpose that would interfere with or prevent the use <br /> by Grantee of the Easement Area for the purposes set forth herein without the consent of Grantee. <br /> Except for those structures/obstructions permitted herein, Grantee shall have the right to remove <br /> any building,structure or other improvements in the Easement Area to which it has not consented. <br /> Notwithstanding the foregoing, Grantor, its successor and assigns is expressly permitted to <br /> construct, install, reconstruct, replace, repair, operate and maintain a concrete bridge and any <br /> associated footings, columns, piers, pilings and/or approaches (the "Bridge") within, across, <br /> through and over the Easement Area. The Bridge is to provide pedestrian and vehicular traffic over <br /> and upon the drainage channel located adjacent the Easement Area. The approximate location of <br /> the Bridge is identified on Exhibit B. <br /> Except for structures/obstructions expressly permitted herein, Grantee shall have the right to cut, <br /> trim, and control the growth of trees and other vegetation and to remove or alleviate other such <br /> obstructions on and in the Easement Area without payment to the Grantor, which interferes with <br /> or threatens the operation and maintenance of the Public Wastewater Facilities. <br /> Grantor acknowledges that any and all Public Wastewater Facilities in the Easement Area shall <br /> remain the property of Grantee. <br /> Grantor acknowledges that this easement may be freely assigned, in whole or in part,by Grantee. <br /> Nothing contained herein shall be constructed as creating any rights in any third parties. Nothing <br /> contained herein shall be interpreted or construed to create a public dedication of the easement <br /> granted herein. It is understood and agreed that this agreement is an easement only and in no way <br /> grants or conveys any part of the underlying fee simple estate of any lands owned by Grantor. <br /> Grantor expressly subordinates all rights of surface use of the Easement Area, subject to any <br /> reservations of the mineral estate, or other reservations, of record, to the above-described uses of <br /> said surface by Grantee and agrees to any lien holder subordinations as may be requested by <br /> Grantee. <br /> If any clause, sentence,paragraph or article of this easement is determined by a court of competent <br /> jurisdiction to be invalid, illegal, or unenforceable in any respect, such determination shall not be <br /> deemed to impair, invalidate, or nullify the remainder of this Agreement if the easement can be <br /> given effect without the invalid portion. To this extent,the provisions of this easement are declared <br /> to be severable. <br /> When the context requires, singular nouns and pronouns include the plural. <br /> This easement may be executed in multiple counterparts or by legible electronic copy, each of <br /> which shall constitute an original, but all of which, taken together, shall constitute one and the <br /> same agreement. <br />