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<br />2. Scope of Easements. The perpetual drainage and utility easement granted herein <br />includes the right of the Grantee, its contractors, agents, and employees to enter the <br />premises at all reasonable times for the purpose of locating, constructing, reconstructing, <br />operating, maintaining, inspecting, altering and repairing within the described easement area, <br />storm sewer, sanitary sewer and water facilities and ground surface drainage ways, or other <br />public facilities or improvements of any type that are not inconsistent with a drainage and <br />utility easement. <br /> <br />The easement granted herein also includes the right to cut, trim, or remove from the <br />easement areas trees, shrubs, or other vegetation as in the Grantee's judgment <br />unreasonably interfere with the easements or facilities of the Grantee, its successors or <br />assigns. <br /> <br />3. Warranty of Title. The Grantors warrant that they are the owners of the Property and <br />have the right, title and capacity to convey to the Grantee the easement herein. <br /> <br />4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, <br />damages, demands, obligations, including penalties and reasonable attorney’s fees, or losses <br />resulting from any claims, actions, suits or proceedings based upon a release or threat of <br />release of any hazardous substances, pollutants, or contaminants which may have existed <br />on, or which relate to, the easement area or Property prior to the date of this instrument. <br /> <br />5. Binding Effect. The terms and conditions of this instrument shall run with the land and <br />be binding on the Grantors, their heirs, successors and assigns. <br /> <br /> <br /> <br />STATE DEED TAX DUE HEREON: NONE <br /> <br /> <br />Dated this _____ day of ______________, 2005. <br /> <br /> <br /> <br />Neil Rudnitski <br /> <br /> <br />________________________________ <br />Jill Rudnitski <br />