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• <br />1 and Parcel 2 for roadway, drainage and utility purposes from Old Birch Street to <br />the Saddle Club First Addition. <br />Easement <br />Grantor, in exchange for the promises set forth herein and a single payment of <br />$5,000.00, hereby grants to Grantee an easement, as further described below, <br />across the following portion of Parcel 1: <br />As well as across the entirety of Parcel 2 (collectively, "the Easement Area"). The <br />Easement Area is shown as the "Proposed Roadway Easement" on the attached <br />Sketch and Description. <br />2. Grantor grants Grantee a perpetual Easement (a) over and across the Easement <br />Area for the purpose of constructing, using and maintaining a public street and <br />sidewalk, and (b) under the Easement Area for the purpose of constructing, using <br />and maintaining public and municipal utilities, storm water drainage facilities, and <br />all uses related thereto, in accordance with applicable City, State and Federal laws <br />and regulations, all at no expense to Grantor, on the terms and conditions set forth <br />herein. This Easement includes the right to modify the existing grading, clear <br />trees and brush on the Easement Area and otherwise alter the Easement Area as <br />needed to accomplish the aforementioned purposes, provided that no utility lines <br />or conduits or other facilities or equipment shall be constructed above ground. <br />3. This Easement is granted subject to all matters of record. <br />4. Whenever pursuant to this Agreement Grantee constructs any improvements in <br />connection with the use and enjoyment of the Easement granted herein, it is <br />understood and agreed that such construction shall be performed in accordance <br />with the following requirements: <br />All such construction shall be performed in a good and workmanlike manner in <br />accordance with sound engineering practice and in compliance with all applicable <br />laws, ordinances, rules and regulations of all local, state and federal agencies and <br />authorities having jurisdiction thereof; and <br />All such improvements shall be constructed and completed free of any mechanic's <br />or materialman's lien, and Grantee hereby agrees i) to indemnify and hold Grantor <br />harmless from and against all loss. damage, cost, expense, action or cause of <br />7 <br />