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1 , <br /> ' and operation of the Easement or.the Improvements shall not constitute abandonment of the <br /> District's rights under this Easement. If the abandonment continues for eighteen (18) <br /> consecutive years, however, it will be deemed permanent and all right, title and interest of the <br /> ' District under this Easement shall revert to the Grantor or its successors. <br /> 7. The Grantor covenants and agrees with the District that the Grantor has full power <br /> ' and lawful authority to grant,bargain,sell and convey the Easement and that the Premises are free <br /> and clear fiem all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances <br /> and restrictions of whatever kind or nature,except matters of record. The Grantor further promises <br /> and agrees to warrant and forever defend the District in the exercise of the District's rights <br /> ' hereunder against any defect in the Grantor's title to the Premises and the Grantor's right to make <br /> the grant herein described,except matters ofrecord. <br /> ' 8. Each and every one of the benefits and burdens of this Easement shall inure to and <br /> be binding upon the respective legal representatives, administrators, successors and permitted <br /> assigns of the Grantor and the District. <br /> 9. Except for an easement to the Urban Drainage and Flood Control District, the <br /> Grantor, its successors and assigns, shall not grant further easement interests in the Premises to <br /> ' other grantees without the express written consent of the District. The Grantor hereby agrees that <br /> the easement granted to the Urban Drainage and Flood Control District shall not: 1) impair the <br /> ' lateral or subjacent support for the Improvements, whether on the Premises or adjacent to the <br /> Premises; or 2) authorize the change the thalweg of the South Platte River: the District hereby <br /> ' agrees that the Grantor shall retain the right of access to the Premises so long as such access does <br /> not impair the Improvements or any appurtenances thereto. <br /> ' <br /> 10.. The rights and responsibilities set forth in this Easement are intended to be <br /> covenants on the Premises and are to run with the land. <br /> 11. Nothing contained herein shall be deemed to be a grant or dedication of any lights or <br /> use to the public in general.. <br /> 12. If either the Grantor or the District takes legal action against the other in order to <br /> ' enforce or interpret the terms of this Easement,the Party in whose favor final judgment is entered <br /> will be entitled to recover from the other party any reasonable legal expenses incurred in the <br /> preparation,prosecution or appeal thereof;including costs and reasonable attorneys'fees. <br /> 13. This Easement shall be recorded in the real property records of Adams County. <br /> 1 <br /> { <br /> 4 <br /> i <br /> i <br />