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<br />FRAME , <br />/~ The District shaft have ad exerese the right of tubjeant and Ineni support <br />V 9 '~ 5 ~ to w ~atevv eaten[ is necessary or desi:abte for :he full, tom; late and unmolestetl enjoyment <br />of lht rights hercinabove described. The Crcntor slut! tale no anion which would impair the <br />earls cover ovv, or the Torero! or subjacent suppon for ary pipeline or lines end appurtenances <br />.~ ~ .virltin the easement ncea~ provided, hovvr;ve' that upon obtaining the spccifit written <br />permission of the District, the tarp Cos•c: over any p+peiinc o: dines may be modified, but <br />tor:-ally permission will not be grantn! li•r a ntndi!iwtion involving a cover of leas that two <br />' ~ and one-half (?-!h) fr_t nor greater than tun feet r..casured vertically from the top of any <br />• pipeline or linei, and any modification urdenakrn by ;ire Grantor would be upon rums which <br />would provide for reimbursement to the District oftltc reasonable cost afany alterations to any <br />pipeline facility made necessary by the change. <br />b.. After construction, repair, replacement er enlargement of any pipeline or Tines <br />as hereinabove rekrted to, the general surface of the gmund, except es necessarily modiled <br />to accmninodate appurtenances, shill be restored, as ttea:ly as may «asonab!y be, to the grade <br />end condition it woes in immediately prior to construcron. Topsoil shall be replaced in cultivated <br />and a~:r'cultural areas, and any excess earth resulting Crort installation 6y the District shell be <br />. . ~~ removed from the easement areas a[ the sole a<pense of rite District. The Dist~ct agrees that <br />for n period of one yWr following construction which invclved distufiance of[he scrfaee of <br />. ~ the y+ound, the District will maimain flee surface elesation and quality of dre soil by eornting <br />any settling or subsiding that may occur as a result of the work dux by the District. <br />7. The Grantor has retained the right to the undisturbed use and occupancy ofthe <br />subject property insofar as such use and octvpanry is contistcnt with and does not impair any <br />grant herein, and the Uistritt shall not use or occupy such property for arty other purpose. <br />8. ft is mutually agreed by and bettvecn the panics hereto that the District may <br />..c-mote the erucist of its ; fights berender fa.^.hsvi:h or it may postpone ih^_ e~cercise of all <br />or some pan of hs rights he: cundcr :e sor..e indeterminate future time, except that the <br />Tentporarv Easement wnll terminate on the Frst to occur of the completion of ctinsttvctior. =.nd <br />April ;0, 1992 The District pray properly acquire, own and exercise the rights in the subject <br />property as herein provided for in order ro innrrc to the District a dominant easemrnt ereaa Cor <br />the exercise of the Disrria's functions and that the exercise o(any rights in the subject propeny <br />other Than thox reained 6y the Crer, or should be within the sound discretion of the District, <br />Tltc District may, in its sole discretion, permit and authorize such other uses of the subject <br />propeny, not reserved in the Grantor, as win nor impair the Districts dominant rights, upon the <br />payment ofrcesonable compensation to the District and upon such reasonable terms, Itmirations <br />and cenditicns as rite District shall find reasonably necessary to protect its dominant right of <br />occupance of the subject propeny for the purpose of the District without undue or unnecessary <br />injury to or impairment of the estate r_tafnM by the Gramor. <br />9. in ease the Distric! shat! abandon it rights herein granted and cease ro use the <br />same, ail right, title and interest hereunder of ;he District shall cease and terminate and the <br />Grantor shall hold said premises, cis the same may that be, tree from the rights so abandoned <br />and shall own all material and structures of the Dist r:~; so abandoned. <br />I0. The Grantor warrants t}:at the Grantor has full ri^_ht and lawful authority to <br />execute rand deliver this Agreement, but the Gram~r disclaims any warranty of ti11e or other <br />obligation to defend the District in the czercise of its rights hereunder. <br />I I. Each and rvery one cf r!tc bcnenls and burdens oC this agreement shall inure <br />to and be binding upon the respective legal rerresentatives, heirs, executors. administnlon. <br />sucecssors and assigns of the panics Itercto. <br />1:. Unless special provisions arc attached hereto, the :hove and foregoing <br />constitute the whole agreement between the parties and no additional or di R.rnt oral <br />represen:atinn. promise nr ag: acme:-t .;F.s!! be binding or, nny of;he panics hc: eto with respect <br />;o tl:c subject mancr of this instrument To ehc czter•. that any special provisions attached <br />hrcta ere in coa0id tvilh any other provisin:u i:crml: such special provisions short control and <br />supersede am• other terms or prm•tsicns herenl <br />FR. <br />0 <br />