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<br />Easement Area, for the construction, installation, operation, maintenance and repair by GRANTEE, or its <br />employees, agents or designees, of utility fixtures, accessories and similar appurtenances (hereinafter <br />referred to as the "Utilities"); and <br />WHEREAS, the GRANTEE agrees to accept such Drainage Easement on the terms set forth <br />herein below. <br />NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained <br />herein and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, GRANTOR and GRANTEE agree as follows: <br />1. RECITALS. The foregoing recitals are true and correct and incorporated herein by <br />reference. <br />2. GRANT OF DRAINAGE EASEMENT TO GRANTEE. GRANTOR, by these presents, <br />does hereby grant and convey unto the GRANTEE and its predecessors and assigns, a non-exclusive <br />Drainage Easement, including the perpetual right to enter said Drainage Easement at any time that it may <br />see fit, over and across the Easement Area, for the construction, installation, operation, maintenance and <br />repair of the Utilities at GRANTEE's own expense, subject to permitting requirements, <br />3. GRANTEE herein and its predecessors and assigns shall have the right to clear and keep <br />clear all trees, undergrowth, and other obstructions that may interfere with normal operation or <br />maintenance of the Utilities, and the GRANTOR, its predecessors and assigns, agrees not to build, <br />construct, or create, nor perm it others to build, construct, or create any buildings or other structures on the <br />Easement Area that may interfere with the normal operation or maintenance of said Utilities. It is <br />specifically understood and agreed however, that GRANTOR will be responsible for the cost of future <br />maintenance of the berms, swales, drainage pipeline, outfall pipe, outfall structure, connection pipe and <br />drainwell on the property identified as Exhibit "A". <br />4. The GRANTEE agrees that the GRANTOR's execution of this Drainage Easement <br />satisfies paragraph 2 of the April 16, 1999 Addendum to the Settlement Agreement. <br />5. GRANTEE, its predecessors and assigns, is to have and hold the easement forever. <br /> <br />Pagelof5 <br />