R2022-11 Resolution Authorizing the Grant of Ownership and Permanent Easement with Park Decatur Limited Partner

Home Browse Search

It is expressly covenanted and agreed between the GRANTOR ° 812 and as covenants running with the land herein described,as follows: erem, (1) No permanent building or structure shall ever be constructed by the GRANTOR or its successors in interest, on said easement; provided however,the GRANTOR and its successors may use said strip of land for driveway,parking area,growing crops, fence or lawn improvements,as long as such use does not prohibit, damage, or unreasonably interfere with the use and purposes of said easement, or access by the GRANTEE for its use and purposes. (3) The GRANTEE shall have the right and obligation to restore the surface of that part of the property herein described used for construction or maintenance purposes,to its original grade and to re-seed any disturbed areas which were used as lawns,pastures and greenways at the time of this easement. (4)Any fence or other improvement not inconsistent with this easement which was located on the area covered by this easement, but which is moved or disturbed during construction, shall be restored as nearly as possible to its condition immediately prior to reconstruction, at the expense of the GRANTEE. (5) The GRANTEE shall make reasonable effort to preserve any trees, shrubbery, or other items of landscaping during reconstruction or maintenance, but the GRANTEE shall have the right to remove, without obligation to replace, trees and shrubbery within the area covered by the permanent and temporary easements where such removal is reasonably necessary to the economical reconstruction, or repair of the sewer and for the access of equipment. (6)The GRANTEE shall provide reasonable notice to the GRANTOR in the event sanitary sewer service will be disrupted. The GRANTOR will provide the GRANTEE with a contact to provide such notice whenever necessary. (7) Said sanitary sewer and all facilities used or useful in connection therewith shall be operated and maintained at GRANTEE'S sole risk and expense, with due diligence and in a workmanlike manner, and GRANTEE shall indemnify and save GRANTOR harmless from any loss, damage, or injury to person or property arising out of the GRANTEE'S operations hereunder,except such as may directly result from the negligence of GRANTOR. (8) The GRANTOR(s) or its successors in title shall have no right to connections, other than those currently existing, to said sanitary sewer without the prior written consent of the GRANTEE. (9) The GRANTOR(s) or its successors shall continue ownership and maintenance of the remaining existing sanitary sewer system serving Park City including those connecting to the sanitary sewer extending the length of this permanent easement. (.10) Notwithstanding the description contained herein, the easement granted hereby are under and subject to any existing easement, right of way, reservation, restriction or other defect in the title either of record or,if not of record, visually discernable on GRANTOR'S Property, (11)This Agreement corains all the tis and conditions agreed upon by the parties and no other agreements, oral or oftrwise,shall be deemed to exist. IN WITNESS WHEREOF,the undersigned have duly executed this Agreement by persons legally entitled to do so and as attested by the signatures affixed below.