25I - UTILITIES EASMENT - Laserfiche WebLink

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3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 the Easement Area to the condition that existed prior to the granting of the easement, to GRANTOR's satisfaction. In the event of such removal and/or abandonment, GRANTEE shall execute and record in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this easement from title to the Easement Area. 7. RELOCATION (PMES4.1 N) GRANTEE agrees that in the event the Distribution Facilities at any time interfere with the use, repair, or improvement of GRANTOR's property, GRANTEE shall, within two (2) years of receipt of written notice from GRANTOR, relocate said facilities to a site within GRANTOR's property, at GRANTEE's cost. The relocation site, relocation costs, scheduling, and coordination shall be mutually approved by GRANTOR and GRANTEE. GRANTEE shall furnish GRANTOR with a revised document containing terms and conditions similar to those contained herein. 8. REVISION OF LEGAL DESCRIPTION (PMES4.3 S) In the event that attached "Exhibit A" is subsequently found to inaccurately describe the location of said facilities, the parties agree that a revised "Exhibit A" will be prepared and recorded which will replace and supersede said "Exhibit A." Said revision of Exhibit "A" will not affect, alter or change this Agreement. Furthermore, this Agreement shall be deemed to be amended and will relate back and be in place as of the initial date of this Easement Deed and Agreement prior to said revision of "Exhibit A." Said revision shall be accomplished by recording an amendment to this agreement after approval of the revised exhibits by the City Engineer or designee. 9. EXCEPTIONS AND RESERVATIONS (PMES7.1 S) GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial rights as will not interfere with or prohibit the reasonable use by GRANTEE, its successors and assigns, of the rights and easements herein granted. Upon the effective date of this Agreement, or any easement relocation as mentioned hereinabove, GRANTOR shall not place or permit any improvements on the Easement Area which will interfere with the reasonable full enjoyment by GRANTEE of the easement rights hereby granted. This grant is subject to all matters of record including but not limited to contracts, leases, licenses, easements, liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way and claims of record or apparent or of which GRANTEE has actual notice which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. 10. SUCCESSORS AND ASSIGNS (PMES13.1 S) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 11. CALENDAR DAYS (PMES14.1 S) Any reference to the word "day" or "days" herein, shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. 25118