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S <br />easement, and (3) to make available to the public other passive recreation uses of the land <br />within the boundaries of the easement; provided, however, such cultivation, trail use and other <br />passive recreation use shall not interfere with the right of the Grantee herein named of ingress <br />and egress to said easement for the purpose of maintenance and repair of said sewer main or <br />mains or the construction and repair of sewer laterals and connections, and such cultivation, <br />trail use and other passive recreation use shall not interfere with Grantee's maintenance, <br />operation or installation of the lines; Grantee shall also have the right at such time as may be <br />convenient to its purpose of ingress and egress to and from the said easement over Grantor's <br />land adjacent to the said easement to any adjoining lands or public rights of way; and provided <br />further that in all cases where there are roads or streets across the tract of land sufficient for the <br />purpose of convenient egress, ingress, and regress in, to, and from the strip of land, such road <br />or streets shall be used by the said Orange Water and Sewer Authority when it is necessary to <br />come in and upon said strip of land for the purposes aforesaid. <br />No building or structure of any kind, except such as constructed by Orange Water and Sewer <br />Authority and, during the initial construction, Grantor and its agents, shall be located or erected <br />upon the above described easement. <br />It is understood and agreed by the parties that the execution and delivery of this deed of <br />easement by the Grantor and its acceptance by the Authority shall not obligate the Grantee to <br />construct a sewer line or permit connections to its sewer system. And, it is further understood <br />and agreed that failure of the Grantee to construct improvements within the said strip of land <br />and/or to clear or keep cleared said strip of land shall not impair in any way the rights, privileges <br />and easements of Grantee hereunder. <br />TO HAVE AND TO HOLD all singular the rights, privileges and easements as aforesaid, in, <br />along, upon, and through said premises to the said Orange Water and Sewer Authority, its <br />successors and assigns forever, <br />And Grantor covenants with the Grantee that it is seized of the premises in fee simple, has <br />the right to convey the rights, privileges and easements which are granted herein, and that title <br />is free and clear of all liens and encumbrances which may affect the said rights, privileges and <br />easements conveyed herein, except those that are itemized on Exhibit A attached hereto and <br />incorporated herein by reference, and the said Grantor will warrant and defend the title of said <br />easements against the claims of all persons or parties whomsoever excluding however those <br />claims arising by virtue of the exceptions itemized on Exhibit A. <br />IN WITNESS WHEREOF, the Grantor has executed the foregoing as of the day and <br />year first above written, <br />3 <br />