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NOW, THEREFORE, for and in consideration of the benefits contained and derived
<br />hereunder, and for other good and valuable consideration, the receipt and sufficiency of which
<br />Grantor hereby acknowledges, Grantor, for and on behalf of itself and its successors in interest and
<br />assigns, does hereby convey, grant, declare, reserve unto itself, and establish the following
<br />easement for the benefit of Grantee:
<br />1. PERPETUAL UTILITY EASEMENT
<br />1.1 Location. The Grantor hereby conveys, grants, declares, reserves, and establishes a
<br />non-exclusive, perpetual easement over, across, and under the parcel as previously described (the
<br />"Easement Area").
<br />1.2 Use. The Declarants acknowledge and agree the Utility Easement exists for the
<br />benefit of Grantee's various public street and utility construction and use and burdens Grantor's
<br />property. The Utility Easement is to be used by the Grantee, and its successors and assigns together
<br />with other grantees for the purposes of locating, constructing, operating, utilizing, repairing,
<br />maintaining, improving, removing, and enlarging the public utility systems, and any and all
<br />associated facilities or appurtenances necessary to the foregoing. Following the initial construction
<br />of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities
<br />as it may require for such systems. Grantee shall have the right of access over and across the
<br />above-described parcel to enable Grantee to exercise its rights hereunder. Further, Grantee reserves
<br />the right to convey, grant, or declare private utility easements within the Easement area, with the
<br />same access rights thereto over and across the above-described parcel, when Grantee determines the
<br />same to be in the public interest.
<br />1.3 Maintenance of the Utility Easement. If and when the Grantee maintains, repairs,
<br />or improves the Utility Easement or the infrastructure within the Utility Easement for any reason,
<br />the Grantee, at the conclusion of said maintenance, repair, or improvement of said infrastructure
<br />located on the Utility Easement shall have the obligation of returning any unused surface area of the
<br />easement to the condition it was in prior to the maintenance, repair, or improvement which resulted
<br />in a disturbance of the surface. The cost of returning the surface to its prior condition shall be the
<br />sole and separate responsibility and obligation of the Grantee.
<br />1.4 Clearing and maintenance. Grantee shall have the right to remove, trim or cut
<br />any brush, trees, shrubs or other vegetation standing or growing upon or adjacent to said facilities
<br />which in the opinion of the Grantee constitutes an obstruction to the maintenance, repair or
<br />improvement of, or a danger to, said facilities. Grantee shall also have the right to control, on a
<br />continuing basis and by any prudent and reasonable means, the establishment and growth of brush,
<br />trees, shrubs or other vegetation in the Easement area. In addition, Grantee shall have only non-
<br />exclusive use of the property as described in the easement, together with the rights of the Grantor
<br />and other Grantees
<br />Any plantings or improvements that exist in or on the easement area shall be subject to removal by
<br />the City, without penalty to the City, at such time as a public street or utility system is constructed
<br />in the easement area. Further, the granting of this easement shall not absolve the owners of the
<br />property of any requirements or responsibilities which attach to this property toward the cost of
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