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2009_1019_Packet
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2009_1019_Packet
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1/9/2012 3:23:31 PM
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10/15/2009 3:47:30 PM
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Attachment C <br />degrees 35 minutes 02 seconds West, 210.93 feet; thence South 58 degrees 07 <br />minutes 45 seconds West, 117.55 feet, to the southeasterly line of the above <br />described permanent easement for right of way purposes and said line there <br />terminating. <br />The Easement Area contains 7,448 square feet. <br />Grantor and Grantor's tenants and permitees shall retain the right to use the Easement Area for <br />ingress and egress to and the operation of their business on the Property, so long as such use does <br />not unreasonably interfere with Grantee's construction. <br />2. Warrantv of Title. Grantor covenants that it is the owner of the Property and has the <br />authority to grant this temporary construction easement. <br />3. Duration. This temporary construction easement and the rights granted hereunder shall <br />commence on the date hereof and expire one (1) year after the commencement of construction of <br />a road in the "Proposed Permanent R/W" identified on Schedule A. Upon expiration of the <br />temporary construction easement, the Grantee shall remove any temporary structures which were <br />constructed during the term of the temporary easement, and shall restore the Easement Area to <br />the same topography as existed prior to the construction on the property. <br />4. Scope of Easement. The temporary construction easement granted herein includes the <br />right of the Grantee, its contractors, agents, and employees to enter the Easement Area at all <br />reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and <br />all purposes ancillary thereto, together with the right to remove trees, shrubs, or other vegetation <br />in the easement area, as well as the right to deposit earthen materials within the easement areas <br />and to move, store, and remove equipment and supplies, and to perform any other work <br />necessary and incident to the project. Grantee shall have the right to keep the Easement Area <br />clear of all buildings, structures, fences, trees, shrubbery, undergrowth and other obstructions <br />that may interfere with or endanger the right of construction access. <br />5. Ri�hts of Public. Grantor does not intend that the public should have any interest in the <br />above described land by virlue of the temporary construction easement or otherwise, except as <br />herein set forth. It is expressly agreed by and between the parties hereto that the Grantor retains <br />ownership of the Property and all incidents of ownership not specifically herein granted to the <br />Grantee. Grantor does not intend that the public should have any interest in the land or right to <br />trespass thereon by virtue of this temporary construction easement or otherwise, except as herein <br />set forth. <br />6. Indemnitv. Notwithstanding the foregoing, Grantee agrees to indemnify and hold <br />Grantor, and their successors and assigns, harmless from and against any and all liabilities, <br />losses, damages, costs, expenses (including reasonable attorney fees and expenses), causes of <br />action, suits, claims, demands and judgments of any nature because of bodily injuries to, or death <br />of, any person or because of damages to property of Grantor or others, arising out of the use of <br />the Easement Area by the Grantee or its contractors, agents or servants, or due to the willful <br />misconduct or negligent acts or omissions of Grantee or its contractors, agents or servants. <br />Page 2 <br />
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