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WATER EASEMENT <br />IRISH CROSSINGS DEVELOPMENT, LLC <br />FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE <br />CONTINUING NORTH 00 DEGREES 20 MINUTES 52 SECONDS EAST <br />ALONG SAID WESTERLY LINE 20.00 FEET; THENCE SOUTH 89 <br />DEGREES 48 MINUTES 19 SECONDS EAST A DISTANCE OF 127.00 FEET; <br />THENCE SOUTH 00 DEGREES 20 MINUTES 52 SECONDS WEST A <br />DISTANCE OF 20.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 19 <br />SECONDS WEST A DISTANCE OF 127.00 FEET TO THE POINT OF <br />BEGINNING. CONTAINING 0.058 ACRES MORE OR LESS. <br />This easement and right of way shall be for the purpose of the construction 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 under, 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, owned 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 easement and right of way under, through and across 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 />easement and right of way, and that if there 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 easement 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 or parcel of land, together with the right to excavate a trench or ditch for the location <br />of said water main 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 main. Second party, as a consideration for the granting of the right to <br />construct and install said water main, shall be obligated to rill 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 the 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 indemnify, save and keep harmless 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 under 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 parry. <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 />