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<br />01/21/2000 11:01 <br /> <br />5123952870 <br /> <br />ANDREW GARY <br /> <br />PAGE 05/10 <br /> <br />The persons and officers signing below on behalf of <br />Grantor or Grantee personally represent and warrant that Grantor <br />or Grantee, as the case may be, has full right and authority to <br />execute this agreement, that the person or persons signing below <br />on behalf of Grantor or Grantee was authorized to do so. <br /> <br />This agreement and all of the terms, provisions and <br />obligations hereof shall be covenants running with the land <br />affected thereby and shall inure to the benefit of and be binding <br />upon Grantor and Grantee and their respective successors and <br />assigns. <br /> <br />Grantor, for the consideration and subject to the <br />reservations from and exceptions to conveyance and warranty and <br />the covenants and conditions contained herein, HAS GRANTED, SOLD <br />AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY <br />to Grantee an underground utility easement for the purpose of <br />enabling the Grantee to lay, construct, reconstruct, operate and <br />maintain underground municipal waterlines and wastewater lines <br />along, across, through, within and over the Property, and for <br />Grantee's free and uninterrupted use, liberty, privilege and free <br />ingress, egress and regress to the Property (together with the <br />Temporary Easement) i provided, however, that Grantee's use of the <br />Property shall not obstruct ingress, egress and regress over the <br />property by Grantor, Grantor's successors and assigns and those <br />going onto or over the Property with the consent of Grantor, its <br />successors and assigns. <br /> <br />TO HAVE AND TO HOLD the Property unto the said Grantee, <br />Grantee's successors and assigns, forever, and Grantor does <br />hereby bind Grantor and Grantor's SUccessors and assigns to <br />WARRANT AND FOREVER DEFEND all and singular the Property to <br />Grantee and Grantee's successors and assigns against every person <br />whomsoever claiming or to claim the same or any part thereof, <br />subject to the reservations and exceptions contained herein. <br /> <br />When the context requires, singular nouns and pronouns <br />include the plural. <br /> <br />Grantee is signing below to evidence its acceptance of <br />and agreement to all of the terms and provisions hereof. <br /> <br />IN WITNES~WHEREOF this instrument is executed this <br />/6 day of ~nl.~~'ry , 2000. <br /> <br />5 <br />