Agenda - 06-19-2012 - 5d - Laserfiche WebLink

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DRAFT 3 Margaret Lane; with the base of the sign being centered approximately 40 feet south of the southern right -of -way line of East Margaret Lane and approximately 12 feet west of the westernmost driveway entrance into the Orange County Justice Center located at 106 East Margaret Lane, which is located on the Property; and WHEREAS, the Town of Hillsborough shall be responsible to maintain the two (2) signs as nearly as possible in their current condition and location except as noted in section (d) below. NOW, THEREFORE, in consideration of the foregoing and subject to the conditions described herein, the Grantor does hereby give, grant, quitclaim, and convey unto the Town of Hillsborough the right and privilege and easement over, upon and through the Property to construct, install, re- construct, maintain, repair, modify or remove the two (2) freestanding " wayfmding signs" designed and intended to assist the public in finding its way around downtown Hillsborough, and (b) to maintain the signs as nearly as possible in their current condition, at the two (2) current sign locations noted above; together with a right and easement to go upon the Property whenever the same is reasonably necessary for the purposes of constructing, inspecting, maintaining and repairing said wayfmding signs; and IT IS UNDERSTOOD AND AGREED by the parties that: a. the execution and delivery of this deed of easement by the Grantor and its acceptance by the Town of Hillsborough shall not obligate the Town to construct or re- construct the wayfinding signs; b. the Grantor shall in all other respects remain the fee owners of the Property and areas subject to this easement, and may make all lawful uses of the Property not inconsistent with this easement; c. the Grantor shall not be held responsible for any construction, reconstruction or maintenance of the signs unless such authority is released to it by the Town of Hillsborough; d. the Town shall not perform any sub -grade maintenance or modification to the sign at the East Margaret Lane location without prior written authorization by the Grantor; e. in the event the Town fails to perform the condition of the easement (maintaining the signs in their current conditions and locations except as noted in section (d) above), and Grantor or its successors, heirs or assigns notifies the Town in writing of such failure and the Town does not cure such failure to perform necessary maintenance within one hundred -eighty (180) business days of receipt of written notice, such failure will result in termination of the easement granted herein after the aforesaid one hundred -eighty (180) day cure period, and Grantor or its successors, heirs, or assigns may take possession of and remove the signs from the Property; and IT IS FURTHER UNDERSTOOD AND AGREED by the parties that the easement granted herein is for the benefit of the Town and shall not be transferred, assigned, or otherwise conveyed by the Town; and that Grantor or its successors, heirs, or assigns may re -enter and take possession of the easement granted herein in the event the Town ceases to be an incorporated municipal body. Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the rights, privileges and easements which are granted herein, that title is free and clear of all liens and encumbrances which may affect the said rights, privileges and easements conveyed herein, and Grantor will warrant and defend the title to said Property against the claims of all persons and parties whomsoever. IN TESTIMONY WHEREOF, the parties have hereunto set their hand and seal the day and year first above written. GRANTOR BY: Bernadette Pelissier, Chair Orange County Board of Commissioners Page 2 of 3