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191-05-2395
<br /> by deed of even date herewith. By the acceptance
<br /> of this deed, grantee agrees that it will, upon
<br /> thirty (30) days written notice from grantor,
<br /> + designate the location of such easement along and .
<br /> across the premises. This easement shall not obli-
<br /> gate either grantor or grantee to construct or —"
<br /> o maintain any passageway or roadway but either grantor
<br /> or grantee may construct and maintain a passageway .
<br /> • or roadway in, along and across said easement and
<br /> ' any passageway or roadway so constructed may be
<br /> '( used jointly by grantor and grantee and their re-
<br /> spective successors, assigns, contractors, employees
<br /> • and invitees.
<br /> `, ; It is further understood and agreed that there
<br /> is hereby excepted and reserved unto grantor, its
<br /> ,. successors and assigns, a right-of-way and easement
<br /> to construct, lay, maintain, operate, alter, repair,
<br /> remove, change the size of, and replace pipelines •
<br /> and appurtenances thereto (including, without
<br /> limitation, corrosion control equipment, but excluding
<br /> 4 any above ground buildings or sheds) along, across and : '''
<br /> under the said premises so long as space exists at
<br /> the time(s) grantor desires to construct and lay such
<br /> pipelines and appurtenances thereto. By the acceptance
<br /> of this deed, grantee agrees that it will, from time
<br /> to time, upon thirty (30) days written notice from
<br /> grantor describing the pipeline(s) and appurtenances
<br /> thereto which grantor wishes to construct and lay,
<br /> either designate the location of such pipeline(s)
<br /> and appurtenances or vise11 , grantor that no space i
<br /> exists at that time in which it is physically possible j •
<br /> �i for such pipelines) and appurtenances thereto to be •
<br /> A-, constructed and laid. At that time grantee will also
<br /> advise grantor of the amount of grantee's standard,
<br /> . ; usual and customary charge for easements for similar
<br /> c;- pipelines and grantor will, if it desires to construct
<br /> and lay such pipeline(s) , remit prior to commencing
<br /> ,!'•, construction. It is additionally understood and
<br /> ~ •' agreed that grantor may allow third parties to con-
<br /> -; ■truct and lay pipelines and appurtenances thereto
<br /> along, across and under the premises when and only
<br /> when the pipelines� . purpose of such i alines is to serve the
<br /> plant facilities of grantor, and only in accordance —--_-_-
<br /> a • with the above conditions.
<br /> ri These covenants, conditions, restrictions and
<br /> easements shall run with and bind the land, and -
<br /> >;! shall inure to the benefit of, and be enforceable
<br /> by, the grantor, its successors and assigns. i
<br /> 3' (a) It is expressly agreed that any lien that
<br /> would arise in favor of either party by operation
<br /> of law, by reason of the exchange of property,
<br /> shall not exist in favor of either party against
<br /> the other, and any and all implied liens so arising •
<br /> +.t are expressly waived and released by the parties
<br /> hereto.
<br /> For the same consideration, grantor binds itself and
<br /> its successors that it will warrant and forever defend the
<br /> title to said land to grantee, its successors and assigns,
<br /> against the lawful claims and demands of all persona whomso-
<br /> ever lawfully claiming or to claim the same or any part there-
<br /> of subject only to the foregoing. •
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