Laserfiche WebLink
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 giant, bargain, sell and convey the .Easement and that the Premises ate free <br />and clear from 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 />10. The lights 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 rights 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 patty 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 />4 <br />