200605157 - Laserfiche WebLink

Browse

200605157 described and shown on Exhibit A attached hereto and incorporated herein by this reference (the "Easement Premises") for the purpose of vehicular and pedestrian access, ingress and egress between, to and from the Property, and to and from the Property and the public right-of-way adjoining the Property, together with the right to construct, operate, use, maintain, repair and replace a hard surface driveway within the Easement Premises as necessary to provide such access (collectively the "Driveway Improvements"). The Easement shall be appurtenant to the Property and each ownership parcel therein, and shall run with said land. 2. Duration. This Easement shall be perpetual in duration and shall constitute a covenant running with the land. 3. Maintenance of the Easement. No structures or objects shall be placed or installed within the Easement Premises which would unreasonably interfere with or obstruct the use of the Easement Premises pursuant to the right of access granted by this Easement. Each owner of a portion of the Property shall maintain in good order and repair that portion of the Easement Premises and the Driveway Improvements constructed therein which are located upon such owner's portion of the Property. Notwithstanding the foregoing to the contrary, the owners of the Property may appoint one of the owners or a third-party manager to maintain the Easement Premises and the Driveway Improvements and each owner shall pay one-half of the costs of such maintenance and the property manager's fee associated therewith. Any and all construction, installation, maintenance, repair, replacement and inspection of the Driveway Improvements shall be done in a manner so as to minimize, to the extent reasonably possible, any interruption of and interference with the use of Easement Premises for access purposes. After the completion of any construction, maintenance, repair or replacement of the any Driveway Improvements, the Easement Premises shall be left in a clean and good condition, with all debris removed therefrom, with trenches and cuts properly filled and the surface restored. With respect to any construction work, the owner performing such work shall protect the easements from mechanic's liens, and shall indemnify the other owners with respect to any such liens which attach to another owner's portion of the Property and shall cause any such lien to be removed as a lien within thirty (30) days of recording thereof. No use of the Easement Premises shall be made which shall unreasonably interfere with or obstruct the use and enjoyment of the Easement Premises for the purpose of access as herein granted. 4. Binding Effect. This Easement and each and every one of the benefits and burdens hereunder shall inure to and be binding upon the owners of the Property, their legal representatives, heirs, successors, assigns, and tenants. 5. No Public RilZhts. The Easement is not intended to benefit the general public and shall not be construed as creating rights in and for the benefit of the general public, nor shall it be construed to be a dedication to the general public or for the public use. 6. Statement of Comoliance. Each owner of a portion of the Property agrees within fifteen (15) days after written notice from any other owner of a portion of the Property to deliver a written statement which may be relied upon by the requesting party or any transferee or mortgagee of the requesting party's interest herein setting forth whether or not the requesting party has fully complied with the provisions hereof and, if not, setting forth in reasonable detail {31858.4.5/22120lli 10:57 AMJEPE.A0223863.DOC;4} 2