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and repairing within the described easement area a public roadway and utilities and other public <br /> facilities or improvements of any type that are not inconsistent with public right-of--way use. <br /> The easement granted herein also includes the right to cut, trim, or remove from the <br /> easement area improvements, structures, trees, shrubs, or other vegetation as in the Grantee' s <br /> judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or <br /> assigns. <br /> i <br /> 3 . Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, j <br /> title and capacity to convey to the Grantee the easement herein. <br /> 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, <br /> damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses <br /> resulting from any claims, actions, suits or proceedings based upon a release or threat of release of <br /> any hazardous substances, pollutants, or contaminants which may have existed on, or which relate <br /> to, the easement area or Property prior to the date of this instrument. <br /> 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be <br /> binding on the Grantor, its successors and assigns. <br /> STATE DEED TAX DUE HEREON: NONE <br /> 3386070 SIS MU210-43 <br />