Res-2019-081 (2) - Laserfiche WebLink

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street or utility construction in the easement area, as contained in the Ellensburg City Code and adopted physical improvement standards. The Grantee hereby warrants that access in the easement will be maintained. By making the easement area available the Grantor fuither confirms that no permanent above ground structures will be located on the easement. Further, the owners of the property shall keep all permanent structures set back from the perimeter of the easement areaa distance equal to that as contained in the zoning classification for the property in order to insure that no conflicts arise between the permanent improvements on the remainder of the property not subject to the easement, and future construction of the public street or utilities. 2. AGREEMENTS BETWEEN GRANTOR AND GRANTEE. The rights, title, privileges, and authority hereby granted shall continue and be in full force until such time as the Grantee, its successors or assigns, shall permanently remove said facilities and/or appurtenances from said property, or shall otherwise permanently abandon said facilities, at which time all such rights, title, privileges, and authority hereby granted shall terminate, and Grantee, at the request of Grantor, shall execute a document evidencing such termination and clearing title of this easement. It is understood that at such time as the parent parcel is subdivided, a parcel will be created coincident with this easement boundary and immediately dedicated to the City of Ellensburg Water Department at plat recording. 3. EASEMENT RUNS WITH THE LAND. The easement granted herein, the restrictions established herein, and the covenants on the part of the Declarants, shall run with the land described herein and shall bind and be obligatory upon the parties and their respective successors and assigns, tenants, subtenants, licensees, and invitees. 4. SUCCESSORS AND ASSIGNS. Declarants shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in or under the easement conveyed, granted and reserved herein. Without limiting the generality of the foregoing, the rights and obligations of the declarants shall inure to the benefit of and be binding upon their respective successors and assigns. 5. TITLES AND HEADINGS. Titles and headings are for descriptive purposes only and do not control or alter the meaning of this agreement or any provision thereunder as set forth herein 6. INDEMNIFICATION. The Grantee shall defend and indemnify Grantor against any liability for damage to persons or property arising from the public's use of the easement under this agreement. The Grantee shall not be required to indemnify Grantors for any such liability arising out of the negligent or wrongful acts of the Grantor or the employees or agents of the Grantor. Page 3 of5