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2. The Grantor shall not construct or place any structure or building, fence, retaining wall, <br />street light, over pole, yard light, nail box, sign or trash receptacle, temporary or <br />permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the <br />above described easement. Any structure or building, fence, street light, power pole, yard <br />light, mail box or sign, temporary or permanent, or shrub, tree, woody plant or nursery <br />stock, of any kind situated on the above described easement as of the date of this <br />Agreement, may be removed by the Board without liability for damages arising <br />therefrom. <br />3. The initial installation and subsequent maintenance of the pipeline(s) and appurtenances <br />within the easement herein described at shall be at the Board's or it's assigns sole <br />expense. <br />4. The Board shall have and exercise the right of subjacent and lateral support to whatever <br />extent is necessary or desirable for the full, complete and urnnolested enjoyment of the <br />rights described herein. It is specifically agreed between the parties that the Grantor shall <br />take no action which would impair the earth cover over, or the lateral or subjacent <br />support for any water pipeline or lines and appurtenances within the easement. The <br />Board's Engineering Standards require no less than four and one -half (4%2) feet and no <br />more than ten (10) feet of earth cover, pleasured vertically from the top of any pipeline or <br />lines. Deviation from this requirement will be permitted only upon specific prior, written <br />permission from the Board. If such modification undertaken by the Grantor requires <br />alterations to any pipeline facility, such alteration shall be at the Grantor's expense. <br />5. After construction of any water pipeline or lines, the general surface of the ground, <br />except as necessarily modified to accommodate appurtenances, shall be restored, as <br />nearly as reasonable, to the grade and condition immediately prior to construction. <br />Topsoil shall be replaced in cultivated and agricultural areas, and any excess earth <br />resulting from installations by the Board shall be removed from the easement at the sole <br />expense of the Board. The Board agrees that for a period of one -year following <br />construction which involves disturbance of the surface of the ground, the Board will <br />maintain the surface elevation and quality of the soil by correcting any settling or <br />subsiding that may occur as a result of the work done by the Board. <br />6. The Board agrees that other public utilities such as sanitary sewer, storm sewer, gas, and <br />electric lines, may be installed in the above described easement as long as they do not <br />interfere with the Board's rights and as long as piping crossing the water line(s) at right <br />angles, or a substantially right angles, is metallic or concrete. Any piping or cable that <br />crosses the water line(s) and is not metallic or concrete, must be encased within steel <br />conduit and /or concrete ducts. <br />7. The Grantor has retained the right to the undisturbed use and occupancy of the subject <br />property insofar as such use and occupancy is consistent with and does not impair any <br />grant herein contained and except as herein otherwise provided. <br />(NON-EXCLUSIVE) <br />2 <br />