Agenda - 10-20-2009 - 6b - Laserfiche WebLink

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24 Article 2. Moorefields hereby grants to the County and reserves to itself a non - exclusive perpetual easement for ingress, egress and regress over, on and under the above described fifty foot private driveway shown on the plat of survey recorded in Plat Book , Page of the Orange County Registry, including the use of the drive for the purposes of installation and maintenance of utilities; provided that it is expressly understood and agreed that this easement shall be subject to the following restrictions: 1. The rights and easements conveyed and reserved herein shall not include the right to park cars, trucks, trailers or vehicles of any kWd.alon,g the piLvate clnye-maymitbini.he.eawment,. - -- 2. Neither party shall remove, cut or destroy trees located within the fifty foot easement except as actually necessary to construct and maintain the private driveway to the standards described herein, to provide no more than two motor vehicle access ways into the County property described in Article 1 from the driveway, or to remove trees which are dead, diseased, or which pose a safety hazard. TO HAVE AND TO HOLD the above- described easement as an appurtenance to all of the property described in Article 1 above, which easement shall run with said lands forever. Article 3. Until such time as the County elects to open any part of its property described in Article I for use by the general public, the private driveway will be maintained by Moorefields in the same or better condition in which it exists at the time of the execution of this Agreement. Notwithstanding the foregoing, the County will be responsible for repair of the private driveway to such condition in the event of damage caused by heavy trucks or other similar equipment using the private driveway on the County's behalf. At such time as the County elects to open its Article I property for use by the general public it shall first construct a parking area on its property sufficient to accommodate such use, and shall improve the private driveway to Class B road standards as prescribed by Orange County now and as the same may be revised from time to time. Thereafter, the parties shall be jointly responsible for maintaining the private driveway in such improved condition, with Moorefields being responsible for forty percent (40 %) of the cost thereof, and the County being responsible for sixty percent (60 %) of the cost thereof. Notwithstanding the foregoing, the parties agree to assess their respective impacts on the condition of the private driveway every five years, or more often if circumstances dictate, and may hereafter agree in writing to adjust. their respective maintenance responsibilities to reflect such use. The parties shall work together to determine what maintenance is necessary in order to maintain the private .driveway, and will assess the condition of the private driveway at least annually; provided that neither party shall commence any such maintenance work without first notifying the other. Notwithstanding the foregoing, nothing in this Agreement shall be construed as denying the other party the right to see that the said road is maintained to Class B standards. Article 4. The private driveway located within said property may be dedicated to the public only upon the written Agreement of both parties or their successors in title. In that event the owners of the property will remain responsible for maintenance of the private driveway as prescribed in Article 3 or as otherwise agreed in the public dedication Agreement until such time as maintenance responsibilities are assumed by the North Carolina Department of Transportation or other governmental body. 3