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HomeMy WebLinkAbout2055 ~ ' . for such purposes throughout such easement areas and to and within ~ every lot and parcel of land shown on anj such plat or plats. Simultaneously with the recording bf any plat or plats or~there-• after, at the option and upon.request of the Service Company or its successors or assigns, Developer shall execute and deliver a grant or qrants of easement in recordable form, to be approved by the Service Company, designating or describinq the ease~nent areas granted by this paragraph 1. 2. Developer hereby further agrees that the foregoing qrants include the necessary right of ingress and egress to aay part of the property. In the event Service Company is ~ required or desi~es to install any water facilities in lands • ~ within the property.lying outside the streets_and easzment areas described above, then Developer or the owner shall grant ~ to the Service Conpany without cost or expense to the Service Company the.necessary easement or easements for such "private property" installation by Service Company. Service Company cove- nants that it will use due diligence in ascertaining'all easement locations; however, should Service Company install any facilities outside a dedicated easement area, Developer, the successors and~ assigns of Developer, covenant and agree t2ia~ Service Company will not be required to move. or relocate any facilities -lying - outside a dedicated easement area so long as the facilities do not interfere witn the then or proposed use of the area in which the facilities have been installed. 3. Nothing contained in this Agreement shall prevent Devel- - oper, or any subsequent owner of the property, or_of any part . thereof, from granting rights, privileges, easeaents ~and rights- . of-way in such easement areas for the furnishing of utility services other than water service. Every such other grant shall be on the express condition that the Grantee shall not i.mpair j or interfere with the use, occupation and enjoyment of the ' easement areas by Service Company, and that the Grantee shall be liable to Service Company for any injury or damage by the Grantee to any facilities of Service Company. ~ 4. The Develo~er, as a further consideration of this Agree- . ment, and in order to effectuate the foregoing grants to the ~ Service Company, hereby places the following covenant, as a ~ covenant running with the land, upon the property thereby subject- ing it to a reservation, limitation, condition or restriction in favor of the Service Company as follows: "Ecctlogical Utilities, InC. (the "Service Company"), or its suc~essors or assigns, has the sole and exclusive right to prvvide all water facilities ' and service to the property described in ExhiDit "A" and to any property to which water service ~ is actually rendered by S~•rvice Company.. All ' ~ occupants of any residence, building, unit or ~ inprovement erected on the property, and all subsequent or future owners or purchasers oz the property, or any portion thereof, shall receive their water service from the aforesaid ~ corporation, or its successors or assigns and ~ shall pay for the same in accordance with the ~ terms, conditions, tenor and intent of this ~ . + . S OK ~1~ PAGE~ ~ r2~ - . - .~L% S.'~ y ~ ~.K~ ~ Y , ~"..d"s'~a~' - ~.'d„~.