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all times have the right to use all portions of the Easement Premises for vehicular, pedestrian, <br />and utility ingress and egress to North Arm Drive from the Property and the right, but not the <br />obligation, to enter upon the Easement Premises at all reasonable times to construct, <br />reconstruct, inspect, repair, and maintain the Driveway, including, but not limited to, grading, <br />leveling, filling, draining, excavating, and plowing the same. <br />Grantor and the City shall at all times have equal rights of ingress and egress over and <br />across the Easement Premises consistent with the terms and conditions of this instrument and <br />no use of the Easement Premises shall be made by either the Grantor or the City, nor shall <br />either permit use by their respective agents, employees, tenants, licensees, guests, vendors, <br />contractors, or invitees, which shall interfere with the other's rights as provided herein. <br />The above named Grantor, for itself, its successors and assigns, does covenant with <br />the City, its successors and assigns, that it is well seized in fee title of the above described <br />Easement Premises; that it has the sole right to grant and convey the easement to the City; <br />that there are no unrecorded interests in the Easement Premises; and that it will indemnify <br />and hold the City harmless for any breach of the foregoing covenants. <br />Nothing herein contained shall be deemed to be a gift or dedication of the Property or <br />any portion thereof, or any rights therein, to the general public or for any public use or purpose <br />whatsoever other than expressly provided herein and no rights, privileges, or immunities of <br />the parties arising hereunder shall inure to the benefit of any other party or person, nor shall <br />any other person or entity be deemed to be a beneficiary of any of the provisions herein <br />contained. In no event shall additional uses or purposes of the easement granted hereunder <br />be construed beyond the plain meaning of the terms describing the permitted uses and <br />purposes thereof as provided in this instrument as of its effective date. <br />3 <br />