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Water Utility System. Each well lot shall meet DEH requirements and shall contain a <br /> minimum size of 101 feet in all directions from the center of the well head. At Closing, <br /> Developer shall convey each well lot to Utility by general warranty deed conveying fee <br /> simple title. Upon recordation of the general warranty deed for each well lot, Utility <br /> shall terminate the easement for the well lot(s). However, if any well lot is located in <br /> the Subdivision's common areas, and is shown on the recorded Subdivision plat as <br /> such, Developer may transfer well lot to Utility by a recorded, perpetual, exclusive <br /> easement with well protective non-contamination provisions in a form satisfactory to <br /> the Utility. This exclusive non-contamination easement prohibits any person or entity <br /> from placing within the non-contamination easement, or allowing running within the <br /> non-contamination easement, any pesticide, herbicide, insecticide or any other <br /> contaminant which may be a violation of the Safe Drinking Water Act, the rules and <br /> regulations for community water systems established by DEH, or any other regulatory <br /> body. The non-contamination easement specifically prohibits all persons from parking <br /> or locating on the non-contamination easement area any vehicles, equipment, boats <br /> or any other type equipment which may contain chemicals, fuels, or fluids that may <br /> be a source of contamination to the community well. Utility shall have the right to <br /> remove any source of contamination immediately and/or require the person or entity <br /> introducing the source of contamination to remove the contamination and the <br /> sources of contamination and also require such person or entity to pay all expenses <br /> associated with the removal. <br /> b. Well Access Easements. Each well lot to be conveyed shall front upon a publicly <br /> dedicated street or road or have proper 20 foot wide perpetual access easements <br /> with 10 foot wide gravel road to provide free and reasonable access for vehicles and <br /> utilities to the well situated thereon. <br /> c. Water Utility Easements. In the event that the well lot sites do not front upon a <br /> publicly dedicated completed street, then Owner shall convey a perpetual 20 foot <br /> wide access easement for ingress, egress, regress, and access to any such well lot site <br /> for the installation, operation, maintenance, repair and replacement of the well and <br /> any Water System assets located upon the well lot sites. Owner shall also convey to <br /> AQUA a perpetual easement 10 feet on each side of the water main within the Water <br /> System for ingress, egress, regress, and access for the installation, operation, <br /> maintenance, repair and replacement of the water mains, valves, and other <br /> equipment appurtenant to the water distribution system. These easements will be <br /> conveyed to AQUA by an assignment and grant of easements that shall be recordable <br /> in the county's register of deeds. <br /> 10.3. Title Insurance for the Water Utility System Property. Prior to the Closing Date, <br /> 9 <br /> Dunhill Water Utility System <br /> Dunhill Agreement 061212.doc <br />