86-25 Revised Temporary Easement and Permanent Access Agreement with Exhibits--737 Northfield Ave.pdf

NOW, THEREFORE, in consideration of the benefits to accrue both community wide and to the GRANTEE, and for the general health, benefit and welfare of the community and otherwise, in further consideration of the covenants contained herein, in addition to One ($1.00) Dollar and other good and valuable consideration, GRANTOR hereby gives and grants and conveys to the GRANTEE, its successors and assigns. The GRANTOR hereby covenants with the GRANTEE that: a. The GRANTOR has good and lawful right to convey the temporary construction easement, permanent access easement and permanent sanitary and storm sewer easement reference herein. b. The temporary construction easement, permanent access easement and permanent sanitary and storm sewer easement reference herein are for the sole use of GRANTEE; Grantee’s heirs, successors and assignees, and their invitees; c. The temporary and permanent easements are free and clear from encumbrances of record that might interfere with the scope of work reference herein. d. The GRANTEE has a sanitary and/or stormwater sewer lines that extends across a portion of the GRANTOR’S property; e. GRANTEE will provide GRANTOR at least 48 hours’ notice prior to any work to maintain, repair and replace their sanitary and/or stormwater sewer facilities in, adjacent to, over or under the easement or any part thereof to be conducted in or on the easement unless such work is conducted on an emergency basis; f. GRANTOR does hereby expressly permit right of entry to the GRANTEE for the purposes of accessing the sanitary and/or stormwater is intended to be uninterrupted and unobstructed right of entry easement, under, across and over the area in “Exhibit A” and described in “Exhibit B” consisting of the right to erect, construct, install, use, impact, repair, remove, maintain, and preserve its sanitary and/or stormwater facilities; g. The Township of West Orange shall have quiet possession of the sanitary and/or stormwater sewer easement free from all encumbrances; h. GRANTOR, its successors and/or assigns shall hold harmless GRANTEE, its successors and/or assigns from and against any and all claim, liabilities, penalties, costs or other damages, whether foreseen and unforeseen, arising directly from the temporary and permanent easements reference herein. i. GRANTOR agrees that if any disturbance or damage is caused to the subject property as a

hether foreseen and unforeseen, arising directly from the temporary and permanent easements reference herein. i. GRANTOR agrees that if any disturbance or damage is caused to the subject property as a result of the GRANTEE’S exercise of the rights and privileges afforded to it under this instrument, the GRANTEE shall restore the affected area as near as practicable to its original condition.