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200906524
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Last modified
8/6/2009 3:01:16 PM
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8/6/2009 3:01:16 PM
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DEEDS
Inst Number
200906524
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2oo9os524 <br />mains and other utility facilities necessary for the orderly development and <br />operation of any building from time to time located on Lot 2. All such systems, <br />structures, mains, sewers, conduits, lines and other public utilities shall be <br />installed and maintained below the ground level or surface of Lot 1 (except for <br />such parts thereof that cannot and are not intended to be placed below the surface, <br />such as transformers and control panels). <br />b. Drainage Easement. An easement upon, under, over, above and across Lot 1 for <br />the discharge, drainage, use, detention and retention of storm water runoff, and to <br />install, maintain, repair and replace storm water collection, retention, detention <br />and distribution lines, conduits, pipes and other apparatus under and across Lot 1. <br />The storm water detention areas, if any, and all lines, conduits, pipes and other <br />apparatus far water drainage, and all storage systems necessary in connection <br />therewith, shall be hereinafter called the "Water Detention and Drainage <br />Facilities". The easement granted herein shall include the right of reasonable <br />ingress and egress with respect to the Water Detention and Drainage Facilities as <br />may be required to maintain and operate the same. The Water Detention and <br />Drainage Facilities shall not be modified, altered, relocated or otherwise changed, <br />without the prior written consent of the owner of Lot 2. The owner of Lot 2 shall <br />operate and maintain, or cause to be operated and maintained, in good order, <br />condition and repair, the Water Detention and Drainage Facilities located Lot 1 <br />and make any and all repairs and replacements that may from time to time be <br />required with respect thereto. <br />c. Indemnification. The owner of Lot 2 shall indemnify and hold the owner of Lot 1 <br />harmless from and against all claims, liabilities, and expenses (including <br />reasonable attorneys' fees) relating to accidents, injuries, loss, or damage to any <br />person or property arising from or in any manner relating to the use by the owner <br />of Lot 2 of the easements granted hereunder, except as may result from the <br />negligence or intentional misconduct of the owner of Lot 1. <br />2. Restrictions. The owner of Lot 1 shall not do anything so as to interfere with the <br />reasonable use of the easements herein granted. No building or other structures shall <br />hereafter be located on Lot 1 other than the existing pole sign located on Lot 1. <br />3. Maintenance. The owner of Lot 2 shall, at its sole cost and expense, restore Lat 1 to the <br />original condition thereof and as soon after any work is performed as may be reasonably <br />possible to do so. The owner of Lot 2 shall maintain the lawn and landscaping on Lot 1 <br />and shall take such measures as are necessary to control grass, weeds, litter or debris. <br />4. No_Rights in _P_ublc;~No Implied Easements. Nothing contained herein shall be construed <br />as creating any rights in the general public or as dedicating for public use any portion of <br />Lot 1 or Lot 2. No easements, except those expressly set forth in Section 1, shall be <br />implied by this Agreement. <br />2 <br />
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