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3 <br />AND, WHEREAS, The Orange County Board of Education has <br />now constructed the middle school as contemplated in the said Deed <br />of Easement and has available the "as-built" plat for the said <br />middle school; said "as-built" plat indicates changes made during <br />construction in the parking and access areas from the plat <br />recorded in Plat Book 96, page 86 of the Orange County Registry <br />necessary to accommodate changes in the access road alignment to <br />meet requirements of the North Carolina Department of <br />Transportation and other changes during construction, said "as- <br />built" plat being now recorded in Plat Book ~, page ~ of the <br />Orange County Registry; <br />AND, WHEREAS, the Orange County Board of Education has <br />conveyed title to the tract of land on which the middle school is <br />located to Orange County by the deed recorded in Deed Book 4014, <br />page 24 of the Orange County Registry; Orange County thus owns <br />both tracts; the servient tract is identified on the Orange County <br />Land Records as PIN #9844-05-7573 and on the Orange County Tax <br />Records as Map 3.44..1, and is more particularly shown as Tract A <br />on the plat recorded in Plat Book 96, page 86 of the Orange County <br />Registry, to which plat reference is hereby made for a mare <br />particular description of the same; the d©mixiant tract is <br />identified on the Orange County Land Records as PIN #9844-15-7438 <br />and on the Orange County Tax Records as Map 3.44..3A, and is~ also <br />shown as Tract B on the plat recorded in .Plat Book 96, page 86 of <br />the Orange County Registry, to which plat reference is hereby made <br />for a more particular description of the same; <br />AND, WHEREAS, Orange County desires to revise the j <br />Easement Areas as shown on the Plat recorded in Plat Book 96, page ~ <br />86 of the Orange County Registry to those shown on the plat <br />recorded in Plat Book ~, page ~ of the Orange County Registry; ! <br />AND, WHEREAS, since the Orange County Board of Education <br />holds a long term lease on the servient tract that includes an <br />option to purchase, this Declaration is necessary for the term of <br />that lease and for the subsequent reconveyance when the said <br />option is exercised and thus the easements herein declared by <br />Orange County and described herein sha11 not be merged into the <br />fee title, notwithstanding the common ownership of the servient <br />and dominant tracts however those areas shown on the plat recorded <br />in Plat Book ~, page ~ of the Orange County Registry as <br />abandoned shall be so merged and any easement rights therein <br />extinguished; therefore the Orange County Board of Education has <br />joined in the execution of this instrument for. the purpose of <br />consenting to the easement modifications set forth herein; <br />NOW, THEREFORE, the Declarants da hereby declare <br />perpetual, non-exclusive appurtenant easements for the purposes <br />hereinafter set forth over and across those certain areas on the <br />servient tract, said easement areas being more particularly <br />described as follows: <br />