Laserfiche WebLink
<br />9%;': CJ/c; 3 <br /> <br />b. Covenants. Restrictions. and Conditions to Run With the Land. DTE shall enter into an <br />agreement with the County of Hall incorporating the conditions, restrictions, limitations, and <br />obligations contained herein, which agreement DTE shall submit to be recorded by the Hall <br />County Register of Deeds contemporaneously with the recording of its deed from the <br />Secretary of the Army. It is further covenanted and agreed by and between the parties that <br />DTE will not grant, sell, or convey any interest in or to any part or parcel of the aforesaid <br />tracts without inserting in the grant each of the covenants and restrictions contained here, <br />and DTE further covenant and agree that any subsequent grant of any of the above <br />described property shall be subject to the same covenants and restrictions attached to and <br />incorporated in any instrument conveying any interest in the above-described real property <br />for the benefit of current and future transferees of CAAP property. <br /> <br />c. Private Rail Crossin2:s. Reservation of adequate rights of private crossings over rail road <br />easements shall be retained for parcels divided by rail road easements. <br /> <br />d. Public Rail Crossin2:s. Public rail crossings shall be retained at all points where 6th Street <br />and 5th Avenue cross the above-described rail easements. <br /> <br />e. Use Of North - South Main Rail Line. DTE shall permit rail service and rail traffic upon the <br />rail line linking the Burlington Northern and Union Pacific mainline tracks and may impose <br /> <br />fees or charges for such use provided such fees or charges do not exceed commercially <br />reasonable and competitive rates. <br /> <br />f. Multiple Use Of Rail Lines. DTE shall provide or permit others to provide rail service to <br />parcels adjoining the rail road tracks located at CAAP at commercially reasonable and <br />competitive rates. <br /> <br />g. Signaling Devices. DTE shall be responsible for proper warning signs and signals at public <br />road crossings over the above described easements. <br /> <br />h. Blocking Public Roads And Private Crossings. DTE conduct its operations in a manner that <br />minimizes disruption of traffic and blockage of public and private rail crossings. <br /> <br />1. Maintenance Of Rail And Rail Ricl1t OfWav. DTE shall be responsible for maintenance of <br />all rails and rail right-of-ways conveyed to it by the Secretary of the Army. <br /> <br />J. Utility Crossings. DTE shall permit reasonable existing and future utility crossings across <br />the rail right-of-ways. <br /> <br /><II <br /> <br />k. Abandonment of Designation. The County of Hall may rescind and cancel this designation <br />in whole or in part if the designation is abandoned by DTE or is not concluded within 24 <br />months following a determination by the Department of the Army that said property is <br />eligible and available for transfer or sale. <br /> <br />1. Transfer And Assil?JUT1ents. This designation ofDTE as transferee shall not be assigned or <br />transferred by DTE except with written prior consent of the Board. <br /> <br />m. Designations Of Areas Approximate. The designations of areas set forth in section 1, <br />above, are approximate and shall be subject to amendment by the Board following receipt <br />and review of surveys as referred to in section 2.a, above. <br /> <br />.l./ <br />