DEVELOPMENT STANDARDS SECTION 7 – MISCELLANEOUS STANDARDS 12 1.2 Use. The Declarants acknowledge and agree the Utility Easement exists for the benefit of Grantee's various public utilities and burdens Grantor’s property. The Utility Easement is to be used by the Grantee, and its successors and assigns for the purposes of locating, constructing, operating, repairing, maintaining, improving, removing and enlarging utility systems, including but not limited to water, sewer, storm water, street, gas, electric, communications and light utility systems, and any and all associated facilities or appurtenances necessary or convenient to the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access over and across the above-described parcel to enable Grantee to exercise its rights hereunder. Further, Grantee reserves the right to convey, grant, or declare private utility easements within the Easement area, with the same access rights thereto over and across the above-described parcel, when Grantee determines the same to be in the public interest. 1.3 Maintenance of the Surface of the Utility Easement. If and when the Grantee maintains, repairs, or improves the Utility Easement or the utilities within the Utility Easement for any reason, the Grantee, at the conclusion of said maintenance, repair, or improvement of said access or utilities located on the Utility Easement shall have the obligation of returning any unused surface area of the easement to the condition it was in prior to the maintenance, repair, or improvement which resulted in a disturbance of the surface. The cost of returning the surface to its prior condition shall be the sole and separate responsibility and obligation of the Grantee. 1.4 Clearing and Maintenance. Grantee shall have the right to remove, trim or cut any brush, trees, shrubs or other vegetation standing or growing upon or adjacent to said facilities which in the opinion of the Grantee constitute an obstruction to the maintenance, repair or improvement of, or a danger to, said facilities. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees, shrubs or other vegetation in the Easement area. In addition, Grantee shall have exclusive use of the property as described in the easement. The Grantor hereby warrants that access to utilities placed in the easement will be maintained; and further, that fences constructed on the easements will be positioned such that panels can be removed to allow vehicular access to the easement area. The Grantor further confirms that a drivable surface (asphalt or gravel) will be maintained for access to manholes, valves, or other surface features of the respective utilities placed within the easement area. The minimum drivable surface width shall be ten (10) feet. By making the easement area available the Grantor further confirms that no permanent structures, trees, or shrubs exceeding 8 feet in height at maturity will be located on the easement. If this easement is being granted as part of a recordable survey, this “Grantors Covenant” language shall be included on the mylar drawings. 2. AGREEMENTS BETWEEN GRANTOR AND GRANTEE. The rights, title, privileges, and authority hereby granted shall continue and be in full force until such time as the Grantee, its successors or assigns, shall permanently remove said facilities and/or appurtenances from said property, or shall otherwise permanently abandon said facilities, at which time all such rights, title, privileges, and authority hereby granted shall terminate, and Grantee, at the request of Grantor, shall execute a document evidencing such termination and clearing title of this easement.
