3.4. ERMUSR 05-08-2012 - Laserfiche WebLink

Home Browse Search

Easement Area, including landscaping, which could damage or obstruct the Utilities or interfere with Grantee's access to or Grantees right to construct, maintain, and repair the Utilities. Grantor hereby reserves and retains all other property rights in and to the Easement Area, including without limitation, the right to use the Easement Area for any purpose whatsoever so long as such use does not interfere with Grantee's rights hereunder. Grantor agrees that Grantee's approval will be required before the installation of any improvements in the Easement Area, including the installation of trees and other landscaping. Grantee agrees to grant such approval, provided that the proposed improvements will, in Grantees sole judgment, not interfere with Grantees rights hereunder. 3. Conduct of Work and I~Iotification -Any installation, maintenance, replacement, repair and/or removal of the Utilities performed by Grantee, fits agents and employees, shall be performed at Grantee's sole cost and expense after thirty (3®) days' notice to the Grantor, except that in an emergency the work may be initiated after reasonable notice. Alfl work performed in the Easement Area shall be performed with care and in such manner as to cause the least interference with the surface of the Easement Area and with the use and enjoyment thereof by Grantor and others lawfully present thereon. If the surface of Grantors Property or any portion thereof, or any landscaping, curbing, pavement or other improvements thereon, shall be disturbed by installation, operation, maintenance, replacement or removal activities, or other activities performed by 'or on behalf of Grantee in connection with the use of the Easement, said surface and improvements shalfl be promptly restored by Grantee as close to their condition just prior to such disturbance as is reasonably feasible. If it is necessary for Grantee to remove mature trees in the Easement Area, the trees removed shall be replaced with shrubs and other vegetation which wilfl not affect Grantees use of the Easement. 4. Prohibfltion Aeainst Liens -Grantee shall not permit any mechanics', materialmen's or other liens to be filed against Grantor's Property or any part thereof for work or materials famished Grantee in connection with the Easement, and Grantee agrees to indemnify, defend and hold Grantor harmless from and against tl-e same. 5. Warranty of 'Title -Grantor represents and warrants to Grantee that Grantor is the only owner of fee simpfle title to the Property and that there are no (iD owners of mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Easement Tract except matters of record. Grantor, on behalf off itself, its successors and assigns, hereby indemnifies and hold harmless Grantee against and from any and all claims for loss, damage, or expenses which may be incurred by Grantee based upon any claim from a party whose consent was required (but was not obtained) for this Grant of Easement. 6. Govemine Law -This Grant of Easement shall be construed and governed by the laws of the State of 1Vlinnesota. [SIGNATUE PAGE F®LL®WS]