Temporary Sewer Utility Easement Agreement - St Joseph County Regional Water & Sewer District

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Recorder of St. Joseph County), and has a good right to grant and convey the foregoing Temporary Sewer Utility Easement; warrants the quiet use and enjoyment thereof and warrants that said Temporary Easement Property is free from all encumbrances inconsistent with the easement contained herein. In the event the plans and specifications for the Sewer System provides for owner(s) of land adjacent to Grantor's property to connect to said facilities , this Temporary Sewer Utility Easement also grants to such adjacent property owner(s) the right to connect to the Sewer System on Grantor's property, provided that all terms and conditions of this Temporary Sewer Utility Easement are satisfied. The location of said Sewer System lines, and appurtenances shall be as shown on the "Record Drawings" on file or to be filed in the Office of the Recorder, St Joseph County, Indiana. This Temporary Sewer Utility Easement shall be limited to the aforementioned rights. Said Sewer System lines and appurtenances shall be constructed and maintained in such a way as to not interfere significantly with any existing improvements located on said Temporary Easement Property, and in such a way as not to cause any substantial damage or inconvenience to said Temporary Easement Property. 2. Grant Reservation. Grantor hereby expressly reserves and shall have the right to use and enjoy the Temporary Easement Property for itself, its successors, assigns, and permittees; the right at all times and for any purpose to go upon, across and re -cross and to use the said Temporary Easement Property in a manner consistent with the existing nature of the Temporary Easement Property. 3. Restoration. Upon completion of the work contemplated hereunder, Grantee agrees to promptly restore the above -described Temporary Easement Property owned by Grantor to a condition equal to or superior to that existing prior to exercising its rights under this Temporary Sewer Utility Easement. If and when, Grantee makes any future repairs to or on the above described Sewer System, Grantee shall expediently replace and restore any surface area disturbed by its work to a condition equal or superior to that existing prior to the under -taking of such repairs and maintenance. 4. Indemnity. Grantee hereby agrees to indemnify, defend, save and hold harmless the Grantor from any and all liability, loss or damage Grantor may suffer as a result of any and all actions, claims, damages, costs and expenses on account of, or in any way arising out of or from, this Agreement, including, but not limited to, all losses, claims, actions or judgments for damages or injuries to persons or property arising out of or from, or caused by the construction, operation, maintenance and use of the aforesaid Sewer System by Grantee or its agents.