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UTILITY EASEMENT
<br />LOT #1. HOSPITALITY HUB MINOR SUBDIVISION
<br />20.00 FEET; THENCE S. 89°49'07" W., 28.44 FEET; THENCE N. 00°23'09"
<br />W., 122.79 FEET; THENCE N. 45° 19'46" W., 90.82 FEET; THENCE S.
<br />89°43'36" W., 61.84 FEET; THENCE S. 44°46'22" W., 90.80 FEET; THENCE
<br />S. 00010'53" E., 113.08 FEET; THENCE S. 89°49'07" W., 52.68 FEET TO TIE
<br />WEST LINE OF SAID LOT 1; THENCE N. 00010'53" W., ALONG THE
<br />WEST LINE OF SAID LOT 1, 20.00 FEET TO THE POINT OF BEGINNING.
<br />This casement and right of way shall be for the purpose of the constriction and installation of a water main
<br />including appurtenant valves, hydrants, manholes, and accessories under, through and across the above
<br />described easement and right of way, for the purpose of maintaining, repairing. replacing, reinstalling,
<br />operation. inspection and keeping in working order the water main that is running wider, through and
<br />across the above described easement and right of way.
<br />Said easement and right of way shall include the right to enter upon sufficient land adjacent to said
<br />easement and right of way, oAv ned by first party, as is required for the construction, installation.
<br />maintenance, repair, replacement. reinstallation, operation and 'inspection of said water main together with
<br />the right to install intersection laterals and services therein.
<br />TO HAVE AND TO HOLD this casement and right of way under, through and acr9oss the above described
<br />piece or parcel of land unto second party, its successors and assigns, for the use and benefit of second party,
<br />its successors and assigns, FOREVER. First party warrants that it has the right and authority to grant this
<br />casement and right of way. and that if lhcre are any other prior lien holders thereon, they have consented to
<br />the Easement by written consent attached hereto, and will hold such lien subject to the provisions of this
<br />Easement.
<br />This easement and right of way shall include, but not be limited to, the right to enter upon the above
<br />described casement and right of way at any time that the second party shall see fit for the purpose of
<br />maintaining, repairing replacing, reinstalling and inspecting its water mains across, through and under the
<br />above described piece of parcel of land together with the right to excavate a trench or ditch for the location
<br />of said water nnann and with the further right to remove trees, brush and undergrowth and other obstructions
<br />situated upon the above described piece of parcel of land 'interfering with location, construction,
<br />maintenance or repair of said water niann. Second party, as a consideration for the granting of the right to
<br />construct and install said water main, shall be obligated to fill and grade to ground level the trench or ditch
<br />occupied by said water main and to restore any ditches, parking areas, shrubs or grass to their former
<br />condition insofar as is reasonably possible. Second party does further covenant and agree that in (lie event
<br />it shall at any time become necessary to enter upon the above described piece or parcel of land for the
<br />purpose of maintenance, repair, replacement or reinstallation of said water main, it shall return said piece or
<br />parcel of land to like condition as before such maintenance or repair upon the completion of said
<br />maintenance, repair, replacement or reinstallation insofar as is reasonably possible.
<br />Second party agrees to fully indenunify, save and keep hanniless first party from any and all claims for
<br />damage to real and personal property and injuries or death suffered by persons in any manner caused by or
<br />growing out of the construction, installation or presence of said water main wider and across the piece of
<br />parcel of land of first party. First party agrees that it will not construct a building, structure or other
<br />permanent improvement on said easement and right of way without first obtaining the written consent of
<br />second party.
<br />The pronouns and relative words herein are primarily written in the masculine and singular. If more than
<br />one join in, or be either of the feminine sex or a business entity, such words shall be read as if written in
<br />plural, feminine or neuter, respectively.
<br />IN WITNESS WHEREOF, first party has caused these presents to be signed the day and year first above
<br />written.
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