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202507121
<br />WHEREAS, Grantor desires to reserve unto itself and to grant to Grantee this Easement for the
<br />purpose of ingress and egress across portions of the Grantor Property as described herein as Exhibit D, and
<br />to adopt and amend the 1984 Easement Grant as described below in accordance with this Easement;
<br />WHEREAS, Consentee desires and agrees to consent to and ratify this Easement for the purpose
<br />of granting unto Grantor and Grantee the right to ingress and egress across that certain portion of the Grantor
<br />Property as described in Exhibit D.
<br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
<br />hereby acknowledged, and for the purpose stated herein, Grantor and Consentee hereby declares as follows:
<br />1. Grant of Easement.
<br />a. Grantee Property Easement. Grantor and Consentee collectively with their legal
<br />representatives, lessees, assigns, and successors in title, does hereby grant to Grantee,
<br />its successors and assigns, legal representatives, contractors, subcontractors, invitees,
<br />and successors in title a non-exclusive perpetual easement in, over and across the
<br />entrance, exit and areas located on the Grantor Property as more particularly described
<br />in Exhibit D attached hereto and incorporated herein by reference (the "Ingress and
<br />Egress Easement") for the purpose of ingress and egress to and from the Grantee
<br />Property. Grantor likewise retains and shall have for itself and its successors, assigns,
<br />and invitees a perpetual easement in, over and across the entrance, exit and areas
<br />located on Grantor Property as described in Exhibit C for the purpose of ingress and
<br />egress to and from Grantor's other property in accordance with the 1984 Easement
<br />Grant.
<br />b. Grantor Property — Reservation of Easement. Consentee consents to and Grantor
<br />reserves for itself and its successors and assigns, legal representatives, contractors,
<br />subcontractors, invitees, and successors in title a non-exclusive perpetual easement in,
<br />over and across the Ingress and Egress Easement to access that certain real property
<br />known herein as the Retained Property as more particularly described in Exhibit E.
<br />2. No Implied Dedication of Easement Parcel; Right to Dedicate. Nothing contained in this
<br />Easement shall be deemed to constitute a dedication of the easement areas or of any other property, or any
<br />portion thereof, to any governmental body, governmental agency, any third party or to the general public,
<br />it being the intention of each party hereto that this Easement shall be strictly limited to the purposes set
<br />forth herein, and to the benefit of the parties hereto and their respective successors in title.
<br />3. Obstruction. Each Party, including their employees, workmen, guests, lessees, invitees, and
<br />personal representatives, reserve the right to the full use and enjoyment of the portions of the Ingress and
<br />Egress Easement area located on their respective properties, for any use that does not unreasonably interfere
<br />with the rights granted by this Easement. Neither Party shall unreasonably obstruct or interfere with the
<br />other Party's use of the Grantor Property, the Retained Property, or the Grantee Property, the latter of which
<br />(Grantee Property) is currently used predominately for wildlife conservation and related uses and activities.
<br />All usage of the Grantee Property by Grantor, including its employees, workmen, guests, lessees, invitees,
<br />and personal representatives shall be conducted in a manner so as not to unduly damage, destroy, or interfere
<br />with these habitats and other uses of the Grantee Property, or to result in a violation of the terms of the 1984
<br />Easement and Grant. Further, Grantor and Consentee shall not unreasonably obstruct or interfere with
<br />Grantee's non-exclusive use of this Easement.
<br />4. Eminent Domain. Nothing herein shall be construed to give either party any interest in any
<br />award or payment made to the other party or in connection with any exercise of eminent domain or transfer
<br />in lieu thereof affecting the Ingress and Egress Easement, the Grantor Property or the Grantee Property.
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