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200205563
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Last modified
10/14/2011 10:59:39 PM
Creation date
10/22/2005 8:42:41 PM
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DEEDS
Inst Number
200205563
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200205563 <br />Wilson Tract approximately twenty feet (20') to the point of beginning, said area containing <br />approximately 1,800 square feet (the "Lyman Easement Area '). Said easement being granted for <br />the purpose of repair and maintenance of the building and all improvements thereto now located <br />near the easterly boundary of the Lyman Tract and adjacent to the Easement Area. Lyman <br />acknowledges and agrees that its use of the Lyman Easement Area shall be non - exclusive and <br />that Wilson remains fee owner of the Lyman Easement Area and may use the Wilson Tract, <br />including the Lyman Easement Area for all purposes, provided that such use does not <br />unreasonably interfere with Lyman's use of the Lyman Easement Area as described herein. <br />Lyman agrees further that it will not exercise its right to use the Lyman Easement Area in such a <br />fashion as to unreasonably interfere with the use of the Wilson Tract or the Lyman Easement <br />Area by Wilson, its tenants, licensees and invitees. <br />Maintenance Access Easement for the Wilson Tract. <br />Lyman hereby grants, bargains, sells and conveys to Wilson, for the benefit of the Wilson <br />Tract, a perpetual, nonexclusive easement, privilege and right of access, ingress and egress over <br />and across a strip of land bound by the following description and more particularly depicted on <br />Exhibit A: beginning at the Southeasterly corner of the Lyman Tract and heading in a northerly <br />direction along the property line of the Lyman Tract and the Wilson Tract for approximately <br />ninety feet (90'), thence heading in an westerly direction perpendicular to said property line <br />approximately two feet and eight inches (2' 8 ") to a point, thence heading in a southerly direction <br />parallel to the property line between the Lyman Tract and the Wilson Tract for approximately <br />ninety feet (90') to the southerly property line of the Lyman Tract, thence heading in a easterly <br />direction along the southerly property line of the Wilson Tract for approximately two feet and <br />eight inches (2' 8 ") to the point of beginning, said area containing approximately 247.5 square <br />feet (the "Wilson Easement Area "). To the extent that there is any overlap between the Wilson <br />Easement Area and the footprint of the existing building on the Lyman Tract, the footprint of the <br />existing building is specifically excluded from the Wilson Easement Area. Said easement being <br />granted for the purpose of repair, maintenance, relocation and operation of the overhead crane <br />located near the southwest corner of the Wilson Tract. Wilson acknowledges and agrees that its <br />use of the Wilson Easement Area shall be non - exclusive and that Lyman remains fee owner of <br />the Wilson Easement Area and may use the Lyman Tract, including the Wilson Easement Area <br />for all purposes, provided that such use does not unreasonably interfere with Wilson's use of the <br />Wilson Easement Area as described herein. Wilson agrees further that it will not exercise its <br />right to use the Wilson Easement Area in such a fashion as to unreasonably interfere with the use <br />of the Lyman Tract or the Wilson Easement Area by Lyman, its tenants, licensees and invitees. <br />3. Term. Except as provided herein, the term of the easement shall be perpetual. <br />The easement granted herein to Lyman shall automatically terminate upon the demolition of the <br />building now located near the southeasterly corner of the Lyman Tract and adjacent to the <br />Easement Area; however, if the demolition of the building is caused by or necessitated by a <br />flood, fire (including arson), earthquake, wind or other casualty, and Lyman replaces the <br />building, the easement shall not be terminated. The easement granted herein to Wilson shall <br />automatically terminate upon the relocation of the overhead crane located near the southwest <br />corner of the Wilson Tract. At such time, Lyman and Wilson agree to execute any such release <br />C:\UrPortbl\AO\CHHOOFF\633945_8.DOC <br />
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