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I the Easement Area to the condition that existed prior to the granting of the easement, to GRANTOR's
<br />satisfaction, in the event of such removal and /or abandonment, GRANTEE shall execute and record In the
<br />3 Official Records of Orange county, California, a Quitclaim Dead sufficient to remove the encumbrance of
<br />this easement from title to the Easement Area,
<br />5 7 RELOCATION (PMES4.1 N)
<br />7 GRANTEE agrees that in the event the Distribution Facilities at any time interfere with the use, repair, or
<br />9 Improvement of GRANTOR's property, GRANTEE shall, within two (2) years of receipt of written notice from
<br />GRANTOR, relocate said facilities to a site within GRANTOR's property, at GRANTEE's cost, The relocation
<br />11 site, relocation costs, scheduling, and coordination shall be mutually approved by GRANTOR and
<br />GRANTEE. GRANTEE shall famish GRANTOR with a revised document containing terms and conditions
<br />similar to those contained herein.
<br />13
<br />S. REVISION OF LEGAL DESCRIPTION (PMES4.3 S)
<br />15
<br />In the event that attached "Exhibit A" 1s subsequently found to inaccurately describe the location of said
<br />17 facilities, the parties agree that a revised "Exhibit A" wiil be prepared and recorded which will replace and
<br />supersede said "Exhibit A." Said revision of Exhibit °A" will not affect, alter or change this Agreement,
<br />19 Furihermore, this Agreement shall be deemed to be amended and will relate back and be in place as of the
<br />initial date of this Easement Deed and Agreement prior to said revision of " Exhibit A.° Said revision shall be
<br />21 accomplished by recording an amendmentto this agreement after approval of the revised exhibits by the
<br />City Engineer or designee.
<br />23
<br />9 EXCEPTIONS AND RESERVATIONS (PMES7.1 S)
<br />25
<br />GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial
<br />27 rights as will not interfere with or prohibit the reasonable use by GRANTEE, its successors and assigns, of
<br />the rights and easements herein granted. Upon the effective date of this Agreement, or any easement
<br />29 relocation as mentioned herainabove. GRANTOR shall not place or permit any improvements an the
<br />Easement Area which will interfere with the reasonable full enjoyment by GRANTEE of the easement rights
<br />31 hereby granted.
<br />33 This grant is subject to all matters of record including but not limited to contracts, leases, licenses,
<br />easements, liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way and
<br />claims of record or apparent or of which GRANTEE has actual notice which may affect the Easement Area,
<br />35
<br />and the use of the word "grant" herein.shali not be construed as a covenant against the existence of any
<br />thereof.
<br />37
<br />10. SUCCESSORS AND ASSIGNS (PMES13 1 S)
<br />39
<br />41 The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors,
<br />executors, administrators, and assigns of the parties hereto.
<br />431111. CALENDAR DAYS (PMES14.1 S)
<br />45 Any reference to the word "day" or "days" herein, shall mean calendar day or calendar
<br />47 days, respectively, unless otherwise expressly provided.
<br />49 d
<br />Document Number: 2008000124173 Page: 4 of 18
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