AG 2002 02 18 (Regular) - Laserfiche WebLink

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Jan,,ary 28, 2002 Page 272 of the installation and maintenance of a landscaped buffer of planted bushes, trees and like material between the residential use planned for Grantor's Property and the School Property. The Easement shall be thirty feet (30') in width and shall run parallel with and adjacent to the northwestern border of the School Property adjacent to Grantor's Property, beginning at the joint corner of Grantor and County in the Rocky River and extending N 50-25-12E 1657.33 feet ("Easement At the County's sole cost and expense within sixty (60) days of both parties' execution hereof, the Easement ;%rea shall be planted with ten feet (10') of grass, ten feet (10') of mulched planted area to include dense, evergreen bushes a~d trees of Leland Cypress or similar, planted in such a manner as to create a reasonably opaque screen between the two properties within two (2) years of planting and another ten feet (10') of grass. The Easement shall also include the right of reasonable ingress and egress to the Easement Area for the purposes of planting, mowing and maintaining the vegetation therein. This easement shall in no circumstances grant any right to enter any structure on the Grantor's Property. The Easement shall be appurtenant to and run with .the title to the School Property. 2. "No Build" Restriction. No permanent structure of any type shall be built in, on or upon the Easement Area. This restriction shall be binding upon all future owners of all or any part of the Grantor's Property or the School Property, and shall be appurtenant to and run with the title to the Grantor's Property and the School Property. 3. Maintenance of Easement Area. County shall maintain, at its cost and expense, all vegetation now. or in the future existing or planted upon the Easement Area. County shall landscape the Easement Area in a first-class, aesthetically pleasing manner and maintain the Easement Area in such manner in perpetuity. County shall at all times repair any damage it does to the Grantor's Property to the same or better standard as that which existed immediately prior to County's entry, and it will indemnify and hold harmless Grantor against any claims, liabilities, demands or expenses claimed or threatened against Grantor due to County's use and maintenance of the Easement Area. County acknowledges that the Grantor's Property will in the future be developed into single-family residential building lots, and County agrees not to cause, permit or allow to remain upon the Easement Area any condition which would .detract from the attractiveness or salability of the lots to be built on Grantor's Property. County shall not create a nuisance or otherwise unreasonably disturb the residents of the residential building lots at any time, and shall not make use of power equipment or perform other disruptive maintenance work except between the hours of 9 a.m. and 6 p.m. Monday through Saturday and not at all on Sundays. 4. Entry Upon Easement Area. Grantor reserves unto itself and any ~nd all future owners of all or any part of the Grantor's Property the right of ingress, egress and use of the Easement Area for purposes not inconsistent with this Easement; provided, however, nothing herein shall be construed to grant any right of use, ingress or egress to any part of the Easement Areas existing on any lot hereafter created on the Grantor's Property to the general public or to anyone other than Grantor and its successors in title, County, and the individual owner of said lot. The Easement granted herein may not used for any other purpose by County other than those provided for herein. 5. Title. a. Warranty. Grantor covenants and warrants that it is the fee-simple owner of the Grantor's Property, that the Grantor's Property is free from all encumbrances, that it has the good and lawful authority to convey this Easement, and that it will warrant and defend title to the Easement unto County7 its successors and assigns, against the lawful claims of all persons taking by, though (sic) or under Grantor. b. No Warranty by Elizabeth H. Burkett. Elizabeth H. Burkett has executed this Easement for the sole purpose of releasing any m~rital interest she may have in the real property comprising this Easement and does not join in any of the representations or warranties herein. c. Subordination. This Easement is subject to the easements reserved in deed from Grantor to County recorded in deed book 3159, page 61, aforesaid registry. This Easement shall be subject to and subordinate to any recorded declaration of planned community, declaration of restrictive-covenants, or other like document recorded in the future which establishes utility, drainage development easements and rules and regulations for the subdivision to be created on Grantor's Property, to the extent the provisions of such declaration are not ~ncompatible with the purposes and intent of this Easement. 6. Complete Agreement. This document embodies the complete understanding of the parties with regard to the matters addressed herein, and all other discussions or understandings between the parties, whether verbal or written, are merged herein. This Easement may not be modified except in writing executed by the parties.