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1.2 Usc. The DecJnrunts acknowledge and agree the Utility Easement exists lor the
<br />bcnetit of Gruntec's vmious public utilities and burdens Gruntor 's property. The Utility
<br />EaseI1lent is to be llsed by the Grantee, amI its successors and assigns, for the purposes of
<br />locating, constructing, operating, repairing, maintaining, illlProvin g. rCllloving and enlarging
<br />utility systems, including but not limited to water, sewer, stom1 water, Weet, gas, electric.
<br />COIllIllunications and light utility systems, and nny and all associated facilities or appurtenances
<br />necessary or convenient to the foregoing. Following the initial construction of all or a ponion of
<br />its systems, Grantee may, fi'om lime to time, eonstnret such additional facilities as it may require
<br />for ' such systems. Grantee shall have the right of access over and across the above-described
<br />parcel to enable Grantee to exercise its rights hereunder. Further. Grantee reserves the right to
<br />convey, b'rnnt, or declal'e private utility easements within the Utility Easement, with the same
<br />accc~s rights thereto over and [lcross the above-described parcel. when Grantee detennines the
<br />same to be in the public interest.
<br />1.3 Maintenance of the Slu'face of the Utility Ellsement. If lind when the Grantee
<br />maintains, repairs, or improves the Utility Easement or the utilities within the Utility Eascment
<br />for any reason, the Grantec, at the conclusion of said maintenance, repair, or improvement of
<br />said acccss or utilities located on the Utility Easement slutll have the obligation of ret LIming allY
<br />unllsed surface area 0 f the easement to the condition it was in prior to the maintenance, repair, or
<br />improvement which resulted in n disturbance of the surfacc. The cost of returning the surface to
<br />ils plior condition shall be the sole and separate responsibility and obligation of tile Grantee.
<br />1.4 Clearing llnd maintenance. Grantee shall have the right to remove, trim or cut
<br />any brush, trees, shrubs or other vegetation standing or growing upon or adjucent to said
<br />facilities which in the opinion of the Grantee constitute an obstruction to the maintenance. repair
<br />or improvement of, or a danger to, said facilities. Grantee shull also have the right to control, on
<br />a continuing basis and by any pmdent and reasonable means, the establishment and growth of
<br />brush, trees, shrubs or other vegetation within the Utility Eascment.
<br />The GrantOl hereby wanants that access to utilities placed within the Easement will be
<br />maintained; and further. that fences constructed on the Easement will be positioned such that
<br />pands cun be removed by Grantee or by Grantor at Grantee's reqlIest to allow vehicular access
<br />to t1iC C;!SCnlent. The Gruntor furth e r confinns that D. (hivo.ble surrQce (asphalt or bTavel) \vill l'e
<br />maintained for acccss to manholes, valves, or other surface features of the respective utilities
<br />placed within the Easement. The minimum drivable surface width shall be ten (10) feet. By
<br />making the Easemcnt available the Grantor further continns that no pennanellt structures, trees,
<br />or shrubs will he located on the Easement. If this Easement is being granted as part of a
<br />recordable survey, this "Grantors Covenunt" language shall be included on the Mylar drawings.
<br />The rights, title,
<br />privileges, and authOlity hereby granted shall continue and be in full force until such time as the
<br />Grantee, its successors or (lssigns, shall pellnanently remove said facilities andlor appurtenances
<br />fj'om said proper'ty. or slwll otherwise permanently abandon said facilities, at which time all
<br />such rights, title, privileges, and authority hcreby grantcd shall tenninate, and Grantee, at the
<br />request of Grantor, shall execute a docuIllent evidencing sLIch termination amI clearing title of
<br />this Eascmcnt.
<br />3, EASEMENT RUNS WITH THE LAND. The Easement h'Tanted herein, the resltictions
<br />established herein, and the covenants on the part of the Declarants, shall run with the land
<br />describcd herein and shall bind and be obligatory upon the parties and their respective successors
<br />and assigns, tenants, subtenants, licensees, and invitees: provided however, that anything
<br />hereunder to the contrar)' notwithstanding, no rights in or to the general public arc created
<br />hereby.
<br />4. IG . ' , Grantee shall have the right to assign, appor1ion or
<br />otherwise transfer nny or all of its rights, benefits, privileges and interests mising in or under the
<br />Eascment conveyed , gnmted find rEserved herein. Without limiting the gcnerality of the
<br />foregoing, the rights and obligations orthe DecluwI1ts shall inure to the benefit of and he binding.
<br />upon their respective successors and assigns.
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