Ord 2004-084 - Laserfiche WebLink

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I I Bk Vol F'9 04035987 DF'R 2598 173 VOL. 4 0 5 PAGE 629 3. Terms of Grant 3.01 Consideration. The Grantee, as consideration for this agreement, has released in favor of the Grantor two utility easements previously conveyed by the Grantor to the Grantee in the vicinity of the Easement Area, together with other good and valuable consideration. The Grantor has determined that this easement serves a public purpose in that it provides service to the community and to the Grantor's physical infrastructure. 3.02. Construction of Pipeline. If the Grantee or its successors or assigns does not complete the initial installation of the Pipeline within four (4) years from January 1,2005, this easement will terminate and revert to Grantor, its successors and assigns; and Grantee will, at Grantor's request execute such documents as are reasonably requested by Grantor to confirm such termination. 3.03. Permanent Easement's Duration. If the Grantee or its successors or assigns cease to use the Pipeline, after initial installation, for a period of one (1) consecutive year, this easement will terminate and revert to Grantor, its successors and assigns; and Grantee will, at Grantor's request execute such documents as are reasonably requested by Grantor to confirm such termination. The Grantee shall not be deemed to have ceased using the Pipeline if the Grantee's cessation has been caused by temporary governmental or regulatory requirements or other cause beyond the Grantee's control, and the Grantee establishes to the Grantor's satisfaction that the Grantee intends, notwithstanding such cessation, to comply with such requirements and resume the use of the Pipeline. 3.03. Other Restrictions. This easement is subject to all restrictions, covenants, easements, tenancies and other encumbrances relating to the Easement Area; provided, however, the Grantor does warrant that it is the fee owner of the property upon which the Easement Area is granted and there are no liens encumbering the property. Except as set forth above, the Grantor grants this easement without any warranty, expressed or implied. The Grantor may sell, lease, encumber, or otherwise transfer its property without the Grantee's consent and without notice to the Grantee or its successors or assigns, subject to the terms of this easement. However, this easement will not be subordinate to any financing encumbering the Grantor's remaining property. 3.05. Governmental Authority. This easement is subject to all zoning laws, regulations, and ordinances of municipal and other governmental authorities, ifany, relating to the Easement Area. Grantee is responsible for complying with all governmental laws and regulations pertaining to the wastewater lines. 4. Successors and Assigns I 4.01. This easement shall be binding upon the parties and their respective successors and assigns, and shall run with the land. 2