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t <br /> f <br /> 1 <br /> { <br /> i <br /> Book 0538 <br /> 2489 <br /> also shown on Plat which is recorded in Plat Book 44 at Page 5 of <br /> the Orange County Registry for the purposes of constructing and I <br /> installing a sanitary sewer line substantially in accordance with ' I <br /> the same as is shown on map 2 of 3 for the Orange.County Board of <br /> Education prepared by Callemyn Parker, Inc. Engineering and Land I <br /> Surveying which is dated August, 1999 and is recorded in Plat Book <br /> $ Page LL'�L of the Orange County Registry. j <br /> 2. That the County does consent to and agree that it <br /> will permit the Town of Hillsborough, its successors and assigns, <br /> to exercise the rights and privileges set forth in a permanent <br /> easement to be granted by Annie D. Freeland over and upon the <br /> property to construct, maintain, repair, modify, upgrade or -remove t <br /> underground sewer lines as may be necessary from time to time by <br /> the said sewer line by the Town of Hillsborough, its agents, <br /> employees and independent contractors. <br /> 3. In constructin g said sewer line Board shall remove <br /> all surplus earth, shall, make level the surface of the ground u <br /> above said lines and apparatus, and shall interfere as little as y. <br /> reasonably possible with any plants,f fences or other improvements <br /> on the property provided that such plants, fences or other <br /> improvements shall not interfere with the right of the Board or <br /> the Town of Hillsborough of ingress and egress to the property <br /> herein described for the purposes of maintenance or repairs of <br /> said sewer line, for the construction or repair of lateralr and <br /> connections and such plants, fences, and other improvements shall <br /> not interfere with the installation, operation and maintenance of <br /> said sewer line. Any 'such plants, fences or other improvements <br /> disturbed by the Board in the construction, maintenance or repair <br /> of said sewer line shall be replaced or repaired ley the Board. <br /> 4. The parties agree that the Town lof Hillsborough is <br /> a third party beneficiary of this agreement. ". <br /> 5. This agreement shall inure to the benefit of and <br /> shall be binding upon the heirs-; - successors and assigns of the <br /> parties hereto. <br /> IN TESTIMONY WHEREOF the County and the Board have both <br /> caused this instrument to be signed in their corporate names by <br /> the chairperson of their respective boards, signatures of their <br /> chairs attested by their respective secretaries and each has <br /> affixed its corporate seal hereto on the day and year first above <br /> written. <br /> � ORANGE COLTN'i^;...�N <br /> By: �ROFORANGE <br /> BOARD OF COMMISSIO r , <br /> ATTEST: / <br /> C.(erk 4. ke $daroC (CORPORATE SEAL) <br />