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WHEREAS, subject to the terms and conditions of this Agreement, the 2095 Owners and <br /> the 2105 Owners have agreed to grant to the City an easement for utility purposes on their <br /> respective properties; and <br /> WHEREAS, subject to the terms and conditions of this Agreement, the City has agreed to <br /> rebuild the Driveway at the City's sole cost and expense; provided however, that the City will <br /> only rebuild the Driveway one time after this Agreement is properly executed and recorded, and <br /> all future Driveway maintenance, improvements, repairs, and related expenses shall be the <br /> exclusive responsibility of the Owners, and the City shall not be responsible therefor. <br /> NOW THEREFORE, in consideration of the mutual covenants contained herein and for <br /> other good and valuable consideration, the parties agree as follows: <br /> 1. The 2095 Owners hereby grant to the City a perpetual easement for utility <br /> purposes over the portion of the 2095 Property legally described as follows (the "2095 <br /> Easement"): <br /> See attached Exhibit A <br /> (the"2095 Easement Area"). <br /> 2. The 2105 Owners hereby grant to the City a perpetual easement for utility <br /> purposes over the portion of the 2105 Property legally described as follows (the "2105 <br /> Easement"): <br /> See attached Exhibit B <br /> (the"2105 Easement Area"). <br /> 3. The 2095 Easement and the 2105 Easement are referred to collectively as the <br /> "Easements". The 2095 Easement Area and the 2105 Easement Area are referred to collectively <br /> as the`Basement Area". <br /> 3 <br />