76-136 Ordinance - Laserfiche WebLink

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i By the acceptance and delivery of this easement, evidenced by the recordation thereof, the Grantees specifically agree: 1. The ten (10') foot strip of land above described is located within electric transmission line right or way of Grantor and said lines are energized and in service and a high de- gree of caution is to be observed at all times within said right of way by Grantees, their employees, agents, contrac- tors or licensees and this easement is granted and is subject .~' to the. prior rights of Grantor for its electric lines thereon and thereover. Grantees agree that said water line will be constructed and maintained in such manner so as not to i=nter- fere with Grantor's electric lines or Grantor's longitudinal access along its right of way and over said water line. Grantor agrees that when Grantees' water line is constructed that thereafter it will place no structure over or so near thereto as will interfere with said water line, nor will Grantor change the grade of its premises so as to interfere therewith. 2. Grantees agree that no structures, except said water 13ne and its appurtenances shall be constructed on said premises; that no blasting shall be done on said premises or so near thereto as to cause damage to the electric transmission lines of the Grantor, and that no derrick, crane, machinery or equip- went of avy kind shalt be used on said premises or so near thereto that any part thereof will come within twenty-five (25') feet of an~r wire of said transmission lines or its structures. 3. That Grantees will pay the Grantor the amount of any and all damage to any property of the Grantor on said premises, occa- sioned by the construction, maintenance, operation, repair, renewal or removal of said water line; k. That said water line will be constructed, installed, main- tained and backfilled in such manner and to such compactness so as to support the 100 ton trucks and equipment of Grantor and shall give Grantor at least two (2) days prior notice of aqy construction, maintenance or ma3or repair of said water line. 5. That Grantees wi11 assume all risks of loss or damage to said water line and appurtenances, however caused, and w'_11 indemnify and save harmless the Grantor from and against air and all detriment, loss, damages, claims, demands, suits, costs or expenses which the Grantor may suffer, sustain or be subjected to directly or indirect7,y, caused wholly or in part by reason of the location, use, construction, mainte- nance, operation, repair, renewal and removal of said water line and appurtenances upon said premises, except where such damage arises out of or is caused by the sole negligence of the Grantor. 6. That if and when said water line is constructed, installed, maintained, repaired, renewed or removed, the Grantees will at once restore said strip of land and the contiguous land of the Grantor if disturbed, to their former condition and on failure so to d,o the Grantor may restore the same at the expense of the Grantee which assumes liability therefor and expressly agrees to pay to the Grantor upon bill therefor i ~~ ~~