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WHEREAS, this Agreement and the easements created herein are established in
<br />accordance with the requirements of N.C.G.S. Sec 143 -211 et. Seq ., Article 4 of the CCDO and
<br />Article I of the Concord Manual
<br />NOW, THEREFORE, for a valuable consideration, including the benefits Grantor may
<br />derive therefrom, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby
<br />dedicates, bargains, grants and conveys unto the Grantee, and its successors and assigns, a
<br />perpetual, and irrevocable right and non - exclusive easement in gross (of the nature and character
<br />and to the extent hereinafter set forth) in, on, over, under, through and across that portions of the
<br />Properties labeled "Perpetual Stormwater Best Management Practice Drainage and Maintenance
<br />Easement (1.965 Acres)" as shown on the survey map entitled "Easement Survey — Map 6 of 6 ",
<br />attached as "Exhibit A" (the "Easement Areas ") for the purpose of inspection and maintenance
<br />of the Stormwater Control BMP Structure (hereafter the "Easement "). Within the Easement
<br />Area, Grantor shall conduct best management practices as more fully set forth herein and in the
<br />CCDO and Concord Manual. Also within the Easement Area, Grantor shall construct, maintain,
<br />repair and reconstruct the Stormwater Control BMP Structure, which include (1) the Stormwater
<br />Control BMP Structure and any other stormwater quantity and /or quality control device(s) and /or
<br />structure(s), otherwise known as `BMP(s)," described on the plan approved by the City of
<br />Concord and filed at the A.M. Brown Operations Center, 850 Warren Coleman Blvd., Concord,
<br />NC 28025; and (ii) the aforesaid Access Easement labeled "Variable Width Stormwater Best
<br />Management Practice Access Easement (2.875 Acres)" as shown on the five (5) survey maps
<br />entitled "Easement Survey— Map 1 of 6, Map 2 of 6, Map 3 of 6, Map 5 of 6 and Map 6 of 6 ",
<br />attached as " Exhibt A ", for the purpose of permitting City access, inspection and, in accordance
<br />with the terms of paragraph 4 of this Agreement, maintenance and repair of the Stormwater
<br />Control BMP Structure, all as more fully set forth herein and in the CCDO and Concord Manual.
<br />Except as set forth herein, nothing herein contained shall be deemed to be a gift or dedication of
<br />any portion of the Grantor's Properties to the general public or for any public use or purpose
<br />whatsoever, and further except as herein specifically provided for the benefit of the City, no
<br />rights, privileges or immunities of Grantor shall inure to the benefit of any third -party, nor shall
<br />any third -party be deemed to be a beneficiary of any of the provisions contained herein.
<br />The additional terms, conditions, and restrictions of this Agreement are:
<br />1. The requirements pertaining to the Easements are more fully set forth in the current
<br />adopted and published editions of the four following documents: (1) Article 4 of the CCDO, (2)
<br />Article I, Section 1 of the Concord Manual, (3) the Inspection and Maintenance Plan attached
<br />here as "Exhibit B" and (4) as provided in the N.C. Dept. of Environment and Natural Resources
<br />(DENR) Stormwater Best Management Practices (BMP) Manual which are all incorporated
<br />herein by reference as if set forth in their entireties below. Grantor further agrees Grantor shall
<br />perform the following, all at its sole cost and expense:
<br />a. All components of the Stormwater Control BMP Structure and related
<br />Easements are to be kept in good working order.
<br />b. The Easements and the components listed in sub - section a. immediately above
<br />shall be maintained by the Grantor as described in the attached Inspection and
<br />Maintenance Plan and incorporated herein by reference.
<br />2. Upon completion of the construction of the Stormwater Control BMP Structure, the
<br />Grantor's N.C. registered professional engineer shall certify in writing to the Concord Director of
<br />Water Services that the Stormwater BMP Structure and all components are constructed and
<br />2 Attachment number 1
<br />F -4 Page 64
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