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WHEREAS, Grantor warrants that he has full authority to grant this easement.
<br />NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
<br />contained herein and other good and valuable consideration, the receipt and sufficiency of which
<br />are hereby acknowledged, Grantor and Grantee hereby agree as follows:
<br />1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this
<br />reference.
<br />2. Grant of Sidewalk and Landscape Easement by Grantor. Grantor does hereby give,
<br />grant, and convey to City a perpetual, nonexclusive public easement over, across, under, on, and
<br />through a portion of the Grantor's Property that is legally described and generally depicted in
<br />Exhibit "B" attached hereto (the "Sidewalk and Landscape Easement Area") for the purpose of
<br />construction, installation, operation, maintenance and repair of the Improvements, provided that
<br />all such Improvements shall be maintained in good condition.
<br />3. Grant of Utility Easement by Grantor. Grantor does hereby give, grant, and convey to
<br />City a perpetual, nonexclusive public utility easement over, across, under, on, and through a
<br />portion of the Grantor's Property that is legally described and generally depicted in Exhibit "C"
<br />attached hereto (the "Utility Easement Areas") for utility purposes including water, sewer and
<br />reclaimed water, and for installation, inspection, excavation, construction, use, operation, repair
<br />and maintenance of public water (potable and reclaimed) and sewer lines, mains, pipes, valves,
<br />meters, hydrants, manholes, and similar appurtenances in connection therewith, along with a
<br />right of reasonable vehicular and pedestrian access to and from the Utility Easement Areas to
<br />perform such installation, inspection, construction, use, operation, repair, and maintenance of
<br />same. City hereby agrees that all Utility Improvements shall be underground, except for fire
<br />hydrants, water and reclaimed water meters, if any.
<br />4. Incidental Rights. These easements hereby created and granted include the creation of
<br />all incidental rights reasonably necessary for the use and enjoyment of the Sidewalk and
<br />Landscape Easement Area and Utility Easement Areas, collectively referred to as "Easement
<br />Areas", for their intended purposes, including, specifically, the right of entry for purposes of
<br />construction, installation, planting, operation, maintenance, replacement and repair of any
<br />Improvements and Utilities located within the Easement Areas.
<br />5. Utility Construction and Maintenance Expenses. Grantor shall bear the cost and expense
<br />of any construction, repair, alteration, relocation, replacement, or removal activities performed
<br />within the Utility Easement Area. All construction, repair, relocation, alteration and replacement
<br />to be completed by Grantor, must be pre -approved in writing by the City in its sole discretion to
<br />City standards. The Grantor shall also, at Grantor's cost and expense, restore the Property and
<br />Utility Easement Area to the condition which existed prior to any such construction, repair,
<br />alteration, replacement or removal activities, including but not limited to, revegetation,
<br />resodding, repaving, or removal of debris or dirt caused by or resulting from such activities. City
<br />owned utility facilities shall be maintained and repaired by the City. City shall restore the
<br />Property and Utility Easement Area to the condition it existed prior to any maintenance or repair,
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