Utility Easement - Authorizing Permanent Utility Easement - University of Notre Dame

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3 00015'46" WEST ALONG THE EASTERN TERMINUS LINE OF SAID CRIPE STREET, A DISTANCE OF 40.00 FEET THE NORTHEAST TERMINUS OF SAID CRIPE STREET, THENCE NORTH 89051'24" EAST ALONG THE NORTH RIGHT- OF -WAY LINE OF SAID VACATED PORTION OF CRIPE STREET, A DISTANCE 457.77 TO THE POINT OF BEGINNING. CONTAINING 0.52 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. (See Exhibit "A" for easement locations) EASEMENT PROVISIONS (a) In connection with the exercise of the Easement and the other rights granted herein, Grantee shall be permitted, non -exclusively, to enter in, on, and under the Grantor's real property described above (the "Property') to install, operate, inspect, and repair the System, provided that Grantee's work relating to the System (including any of the foregoing described activities in connection therewith) shall not be performed until after Grantee has provided Grantor with written notice of such proposed work. (b) Grantee's construction and operation of the System shall be performed as expeditiously as commercially reasonable and in accordance with good construction and operational practices (including, without limitation, taking reasonable measures to prohibit injury to person or damage to property). (c) Grantee shall obtain all necessary permits and approvals for the construction, installation, and maintenance of the System as required by applicable law. (d) Subsequent to any entry on the Property pursuant to this easement, Grantee shall restore the Property parcel to at least as good a condition and appearance as existed prior to such entry. If Grantee does not restore the Property to such condition, Grantor may do so at Grantee's expense. (e) Grantee shall promptly discharge or cause to be discharged any mechanic's or materialman's liens asserted against the Property. 2. Nsif yfe of Easernents and Rights. The Easement granted herein shall be appurtenant to and run with the land and shall be binding upon and shall inure to the benefit of the parties hereto and their transferees, successors and assigns.