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vacate and abandon a portion of the Original Easement, and <br />Grantor proposes thereupon to grant to Grantee an easement <br />for public street purposes over the strip of property <br />described in Exhibit A, attached hereto and incorporated <br />herein by this reference. <br /> <br /> NOW, THEREFORE, IN CONSIDERATIOe~ of the mutual <br />covenants and promises of the parties, the parties hereto <br />agree as follows: <br /> <br /> 1. Easement. Grantor hereby grants to Grantee an <br />easement ("Easement") for public street purposes in, on, <br />under, over and along a strip of the Property ("Easement <br />Area"), approximately twenty (20) feet wide, which is more <br />particularly described in Exhibit A. This Grant of Easement <br />shall take effect only upon the prior recordation of a <br />document or documents evidencing the unconditional vacation <br />by Grantee of that portion of public right of way described <br />in Exhibit B, attached hereto and incorporated by this <br />reference. <br /> <br /> 2. Construction and Maintenance. Grantee shall <br />bear the responsibility and expense of construction and <br />maintenance of all public street improvements, curbs, public <br />transit facilities and other fixtures and improvements <br />located in the Easement Area. <br /> <br /> 3. Use of Easement Area By Grantor. Grantor <br />shall have the right to use the Easement Area for any <br />purpose not inconsistent with Grantee's use. <br /> <br /> 4. Duration. The Easement shall be perpetual and <br />shall not terminate or be extinguished by non-use oz <br />abandonment. <br /> <br />5. Indemnification and Lien. Grantee shall <br />indemnify Grantor and protect, defend, and hold Grantor <br /> <br /> e <br /> K559-2-X/29Apr86 <br /> <br /> <br />