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<br />Pursuant to the Declaration of Condominium of Gateway Center Condominium recorded in Book
<br />4458, Page 3, Orange County Registry, as amended and/or modified from time to time (the
<br />"Declaration"), the Association has been delegated the power and authority, on behalf of the present and
<br />future record owners of the Condominium Units, to oversee, manage, maintain and repair the Common
<br />Elements of the Gateway Center Condominium. When and as used in this Agreement, the term
<br />"Condominium" shall mean and refer to Gateway Center Condominium as defined and described in the
<br />Declaration. When and used in this Agreement, the term "Common Elements" shall have the meaning
<br />ascribed to it in the Declaration.
<br />In furtherance of the plan of development for the Office Building Tract, the Parking Deck Tract
<br />and the Condominium, (i) there have been or will be constructed in, on, under or upon the Office Building
<br />Tract certain collection lines and/or pipes, tanks, filters, pumps and other equipment and/or installations
<br />necessary to collect, store, filter and pump gray water received from the Office Building Tract and the
<br />Condominium for re-use on the Office Building Tract, and (ii) there have been or will be installed in, on,
<br />under or upon the Parking Deck Tract and the Common Elements certain shut-off valves, lines and/or
<br />pipes and other appurtenant installations for the purpose of collecting gray water from the Condominium
<br />and transporting such gray water to .the collection tank(s) located on the Office Building Tract (the
<br />"Collection Lines"). When and as used in this Agreement, the term "Gray Water System" shall mean any
<br />and all of the above-described collection lines and/or pipes, shut-off valves, tanks, filters, pumps and
<br />other equipment and/or installations, whether located in, on, under or upon the Office Building Tract or
<br />in, on, under or upon any part of the easement area granted and conveyed to the owner of the Office
<br />Building Tract in Section 2 below.
<br />The parties to this Agreement desire to confirm and memorialize herein the respective easements,
<br />rights, duties and responsibilities of the present and future owners of the Office Building Tract, the
<br />Parking Deck Tract and the Condominium Units with respect to the Gray Water System.
<br />AGREEMENT
<br />For and in consideration of the sum of One Dollar ($1.00), the terms, covenants and conditions
<br />set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, the parties covenant and agree as follows:
<br />Section 1 Ownership. All of the. Gray Water System, specifically including the Collection
<br />Lines (which Collection Lines ,shall begin at and include the shut-off value(s) located on the Common
<br />Elements and run to the Office Building Tract through the easement area granted and conveyed in Section
<br />2 below), is appurtenant to the Office Building Tract and shall be owned by the record owner of the
<br />Office Building Tract. Each line or pipe running from each shut-off valve located on the Common
<br />Elements to and/or through any building constituting a part of the Condominium shall be a part of the
<br />Common Elements and shall be owned by the owners of the Condominium Units as provided in the
<br />Declaration.
<br />Section 2 Easements. Subject to the terms, conditions and limitations set forth in this Section and
<br />elsewhere in this Agreement, Telesis, Eno River and Hillsborough Community, for themselves, their
<br />respective successors and assigns, and all future record owners of the Parking Deck Tract and the
<br />Condominium Units, hereby grant, bargain, sell and convey to Telesis, its successors and assigns, and each
<br />future record owner of the Office Building Tract, perpetual non-exclusive easements over and across all of
<br />those parts of the Parking Deck Tract and the Common Elements identified and described as "NEW
<br />ORANGE CO. GRAY WATER EASEMENT" and, specifically, as "NEW ORANGE CO. 10' GRAY
<br />WATER EASEMENT NO. 1" and "NEW ORANGE CO. 10' GRAY WATER EASEMENT NO. 2" as
<br />shown on those certain plats of survey recorded in Plat Book 103, Pages 20 and 21, Orange County Registry,
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