Res 2001-063 - Laserfiche WebLink

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includes, without limitation, using the Easement Area for placing, providing, maintaining (including, without limitation, the removal of sedimentation, vegetation and trash), constructing, reconstructing, operating, protecting, rebuilding, replacing, improving, enlarging and repairing Easement Facilities. H. "Water" means water la\vfully draining from the Draina2:e i\rea . Article 3. Grant of Easement to San Marcos and Lowman Retained Uses. A. Lowman hereby grants and conveys, subject to and upon the terms and conditions set forth in this Agreement, to San Marcos a perpetual, non-exclusive easement (the "Drainage Easement') on, within, over and across the Easement Area for the sole purpose of being used by San Marcos, and by those persons who by Permit issued by San Marcos pursuant hereto are permitted to use the Easement Area, for Permitted Uses. B. The Drainage Easement is granted by Lowman and accepted by San Marcos, subject to and upon the following terms and conditions: 1. The Drainage Easement is non-exclusive and Lo\vman expressly reserves for itself, its successors and assigns, as the owner of all or any portion of the Adjoining Lo\vman Land and the Easement Area, subject to and upon the terms and conditions set forth in this Agreement, the right to use and enjoy the Easement Area for any or all Lowman Retained Uses. 2. Prior to undertaking any of the Lo\\man Retained Uses involving construction of improvements or other activity affecting the Easement Facilities, Lowman agrees to apply for and obtain all permits required for such intended Lo\\man Retained Use, including a Permit if required under applicable laws, rules and regulations. 3.San Marcos agrees to use its best efforts to ensure that activities undertaken in connection with the Permitted Uses and the LO'NIIlan Retained Uses shall be performed in a good and workmanlike manner and in accordance with all applicable laws, rules and regulations and, with respect to improvements made to the Easement Facilities to increase their capacity for the benefit of additional developments in the Drainage Area, at the sole cost and expense of the party to be served by such improvements. San Marcos agrees to use its best efforts to maintain or cause one or more of its Permittees to maintain the Easement Area \\ith respect to the Permitted Uses. San Marcos reserves the right to collect from all Permittees their respective shares of all costs of maintaining the Easement Facilities and the Easement Area, in an equitable manner based on the drainage flows from the Permittees' properties. 4. Prior to removal of any soil, rock, dirt, or other materials of the same or similar nature (the "Excavation i14ateriaI"), which must be removed in order to perform work so that the Easement Area may be used for the Permined Uses, San Marcos shall give Lo\\man, or cause San Marcos' Permittee to give Lowman, prior \\Titten notice of the expected amount of the Excavation C:'.Cord\ WPDOCS',REALPROP'Lowman Eas~m~O[ -I-10-01.....1Xl 4