Res 2009-002 - Laserfiche WebLink

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9(1002681 ON 3?8"-3'3 1, 5- 0 commencement of construction of the Utility Facilities; and Grantee shall also confirm to Grantor in writing within ten (10) days after such construction commences the actual date of such commencement of construction. Grantee agrees to use good faith, commercially reasonable efforts to complete construction of the Utility Facilities and restoration of the Easement Area and Temporary Easement Area promptly after the commencement of such construction. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to any and all restrictions, covenants, conditions, easements, mineral reservations and other matters, if any, relating to the Easement Area or the Temporary Easement Area, but only to the extent they are still in effect, and are shown of record in the county and state in which the Easement Area is located. Special Provisions: In connection with any entry upon the Easement Area or the Temporary Easement Area pursuant to the terms of this instrument, Grantee agrees to comply with the following requirements: 1. Except in cases of emergency, Grantee shall endeavor to notify the Grantor prior to the commencement of any operation to repair, replace or service the Utility Facilities within the Easement Area. 2. Grantee shall at all times keep all gates closed which are closed at the time of such entry upon the Easement Area or Temporary Easement Area. 3. In the event Grantee's use of the Easement Area or Temporary Easement Area disturbs the condition of the Easement Area or Temporary Easement Area, Grantee agrees to restore the Easement Area and the Temporary Easement Area to substantially its preexisting condition promptly after completion of the activity causing such disturbance, but shall not be obligated to (i) repair or replace improvements that are Prohibited Improvements as defined below, or (ii) replace at anytime any trees or naturally occurring vegetation within the Easement Area, except that Grantee shall replace any groundcover with similar groundcover; provided that with respect to any landscaping (other than trees) installed after the Temporary Easement Expiration Date, Grantee shall replace such landscaping with substantially similar landscaping. In no event shall Grantee remove or damage any trees within the Temporary Easement Area. 4. Grantor reserves the right to make use of the Easement Area and the Temporary Easement Area for any use which does not materially interfere with the rights of the Grantee granted herein or which does not require Grantee to interrupt the continuous operation of the Utility Facilities, including without limitation the right to install landscaping, roads, driveways, parking areas and similar improvements, provided however such reserved rights shall not include the right to install in the Easement Area or, prior to the Temporary Easement Expiration Date, in the Temporary Easement Area, any billboards, pole signs, buildings or other structures (collectively, the "Prohibited Improvements"). Drainage improvements and other utility lines and related facilities installed by Grantor in the Easement Area must be approved by the Grantee, which approval shall not be withheld so long as such drainage improvements, utility lines and related facilities do not have a material adverse effect on or require Grantee to interrupt the continuous operation of the water line 5272992v. 12