Page 3 of 6 Pages.

Grant Of Right Of Way
Subject to Section 2, the Grantor hereby grants in perpetuity:
(1) to the City and any person authorized by it a non-exclusive right at all times to:
(a) enter over, on, in, and under those portions of the Lands which are shown
outlined in heavy black (the "Right of Way Area’) on the Reference Plan of

Statutory Right of Way No. a reduced copy of which is
attached hereto as Schedule "A, to:

conduct surveys and examinations;

dig up, remove and replace soil, and

construct, clean, cover with soil, alter, relocate, renew, inspect, and
replace roadways together with all curbs, sidewalks, poles, wires,
as mains, water, sewage and drainage works, signs, traffic control
evices, and ancillary works forming part of, or associated with the
roadway (collectively the "Works");

bring into the Right of Way Area all materials and equipment, including
motor vehicles, for any of the foregoing purposes,

clear the Right of Way Area and keep it clear of anything which in the
option of the City constitutes or ma constitute a danger or obstruction to
the use of the Right of Way Area or the Works,

cross over the Lands as necessary for reasonable access to the Right of Way
Area during construction of the Works; and

do all acts which in the opinion of the City are incidental to the foregoing;
(2) ' tothe City and to every member of the public a non-exclusive right of passage at
all times fo enter over, on, and in, the Right of Way Area to the same extent as if .

the Right of Way Area was a public highway. :

Reservations

Notwithstanding the right of way and easement granted in this agreement, there is
reserved to the Grantor, subject to the restrictions and limitations herein the right at all
times;

(1) subject to receiving the written consent of the City Engineer, not to be

unreasonably withheld, to temporarily interrupt the use and enjoyment of the
Right of Way Area for the purpose of; |

constructing, laying down and installing utility and communications
systems, and ancillary appliances and equipment, under the Right of Way

Area as the Grantor may require or may deem expedient and altering,
enlarging, extending, removing, repairing, renewing, maintaining,

inspecting and replacing the same as may be deemed necessary or
expedient; and