Reservation of Utility Easement. Purchaser acknowledges and agrees that Seller shall reserve utility easements for water, sewer, electricity, gas and any other normal utilities to benefit the Option Tract over, through and under the Bargain and Sale Tract in such locations as shall be specifically delineated by Seller and agreed to by Purchaser prior to Closing for future development of the Option Tract if Purchaser fails to exercise its purchase option for such property. Such easements must be reserved in specific locations on the Bargain and Sale Tract so as to minimize interference with Purchaser’s ability to develop and use such property. In the event the Option is not exercised by Purchaser, the Seller and Purchaser agree that a subsequent developer of the Option Tract will be solely responsible for the cost of installation of such utilities but shall not be required to pay for or purchase the easement rights from Xxxx County over the Bargain and Sale Tract.
Reservation of Utility Easement. The Seller shall retain a utility easement upon the subject property as described below and shown in Exhibit “A”. On such land affected, City shall have, a Permanent Easement to construct, maintain, repair and utilize water lines, sanitary sewers, storm sewers, ditches, creeks/drainage ways, bridges/box culverts, and other such municipal assets together with all appurtenances and connections. The City shall have the right to excavate and refill ditches and/or trenches, and do necessary site grading for blending the existing and proposed surfaces for the location of the facilities described herein, and shall have the further right to do all other necessary things, including removal of trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said facilities. This easement is more particularly described as follows: The North 25 feet and the West 75 feet of the north 250 feet of Parcel 1 On such land affected, City shall have, and Purchaser further grants unto City, a Temporary Easement and Right-of-way to enter upon and have the right to excavate and refill ditches and/or trenches, and do necessary site grading for blending the existing and proposed surfaces for the location of the facilities described herein, and shall have the further right to do all other necessary things, including removal of trees, bushes, undergrowth, pavements and other obstructions interfering with the location of said facilities. City shall have such permanent rights of entry upon, passage over and storage of equipment and material on the land herein described as being affected by such Permanent Easement and Right of Way, as may be necessary or useful for future construction, maintenance and repair.
