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5. Stoudenmire desires to subdivide the Stoudenmire Parcel to create and to <br /> convey an additional lot known as 400 Lloyd Garmon Lane ("New Lot") which would <br /> need access to and from Highway 49 via the ROW. <br /> 5. The County is amenable to allowing the New Lot owner to use the ROW <br /> for ingress, egress and regress to and from Highway 49 for normal and customary <br /> residential purposes. <br /> 7. The County Parcel is used in as emergency medical services (ambulance) <br /> facility and the County is concerned about increased traffic on and use of the ROW, <br /> which the County also uses for access by its ambulances and other vehicles to and from <br /> Highway 49. <br /> 8. The Stoudenmire Parcel does have an existing unopened right of way to <br /> Highway 49 along the eastern side of its property as described in Deed Book 3118, page <br /> 177. <br /> 9. The purpose of this Agreement is to clarify the usage of the ROW by <br /> Stoudenmire but also to partially restrict the use of the ROW from the Stoudenmire <br /> Parcel. <br /> In consideration of the foregoing Recitals and the following Terms, which <br /> contain mutual provisions and promises which make this Agreement legally binding and <br /> enforceable, the County and Stoudenmire agree as follows. <br /> TERMS <br /> 1. The County acknowledges and affirms that the Stoudenmire Parcel has the <br /> right of ingress, egress and regress via the ROW to and from Highway 49. <br /> 2. The County further acknowledges and affirms that the New Lot has the <br /> right of ingress,egress and regress via the ROW to and from Highway 49. <br /> 3. Stoudenmire agrees that further subdivision or rezoning of the <br /> Stoudenmire Parcel will require the prior written agreement of the County relative only to <br /> the use of the ROW by any new subdivided parcel or a change in use of the Stoudenmire <br /> Parcel subsequent to a rezoning or conditional use. <br /> 4. Such agreement on the part of the County to allow further use of the ROW <br /> from the Stoudenmire Parcel shall be in the County's sole discretion. <br /> 5. This restriction on the use of the ROW by any new subdivided or rezoned <br /> part of the Stoudenmire Parcel shall be a burden on the Stoudenmire Parcel, which shall <br /> run with such land. <br /> b. This restriction shall run for a period of twenty-five(25) years. <br /> 2 <br /> Attachment number 1 \n <br /> F-2 Page 55 <br />