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~i/Zi/Z~U'~ lb:'~b /U4-/UU-UUbB HARTSELL & WHITE <br /> <br />PAGE <br /> <br /> At the Cotmty's sole cost and expense withiu sixty (60) days of both panics' execution <br />herreof, the Easement Area shall be planted with ten feet (10') of grass, ten feet (10') of mulched <br />planted area to include dense, evergreen bushes ~nd trees of Leland Cypress or similar, plautcd in <br />such a manner as to create a reasonably opaque screen between the two properties within two (2) <br />years of planting, and another ten feet (10') of grass. The Easement shall also include the right of <br />.reasonable J.ngrcss and egress to the Easement Area for the purposes of planting, mowing and <br />maintaining the vegetation therein. This easement shall in no circumstances grant any right to <br />enter any structure on the G'rantor's Property. The Easement shall be appurtenant to and nm with <br />the title to the Sch6ol Property. <br /> <br /> 2, '~No Build" Restriction. l'qo permanent ~tructure of' any type shall be built in, on <br />or upon the Easement Area. This restriction shall bc binding upon all future owners of all or any <br />part of the Grantor's Property or thc School Property, and shall be appurtenant to and nm with <br />the title to the Grantor's Property and the School Property. <br /> <br /> 3. Maintenance of' E~ement Area. County shall maintain; at itc coot and expcnoo, <br />all vegetation now or in thc future existing or planted upon thc Easement Area. County shall <br />landscape the ,Easement Area in a first-class, aesthetically pleasing manner and maintain thc <br />~ascment Area in such manner in perpetuity. County shall at aH times repair any damage it does <br />to the Grantor's Pmp~y to the same or better standard as that which existed irnmediatcly prior <br />to County's entry, and it will indemnify and hold harmless C.~-antor against m~y claims, liabilities, <br />demands or expenses claimed or tlu-eatencd against Grantor duc to County's usc and maintenance <br />of the Easemem Area~ County acknowledges that the Grantor's Property will in the future bc <br />developed into ~ing:c-£amily residential building lots, and County agrees not to cause, permit or <br />allow to remain .upon the Easement Area any condition which would detract l~om the <br />attractiveness or salability of the lots to be built on Grantor's Property. County shall not create a <br />nuisance or otherwise unreasonably disturb the residents of the residential building lots at any <br />time, and shall not m~ke use of power equipment or perform other disrupt/ye maintenance work <br />except between the hours of' 9 a.m. and 6 p.m, Monday through S~turday and not at all on <br />SundayS. <br /> <br /> 4. Entry Upon Easement Area. Grantor reserves unto itself and any and all future <br />owners of all or any' part of the Grantor's Proi~erty the fight of ingress, egress and use of thc <br />]~ascmcnt Area for purposes not inconsistent with this Easement; provided, however, nothing <br />herein shall bc construed to grant any right of use, ingress or egrcss to any part of the Easement <br />Area cxisting on any lot hereafter created on the Grantor's Proper~ to the general public or to <br />~myon~ other than C-'rautor and its successors in title, County, and thc individual owner of said <br />lot. The Basement granted hcrcin may not used for any other purpose by County other than those <br />provided for herein. <br /> <br />5. Title. <br /> <br />a. Warranty. Grantor covenants and warrants that it is thc fcc-simple owner of the <br />C-rantor's Property, that the Grantor's Property is fxee from all encumbrances, that ~t has <br />the good and lawful authority to convey this ]~ascment, and that it will warrant and <br /> <br />08 <br /> <br />I <br />I <br />I <br /> <br /> <br />