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<br /> nature and character and to the extent hereinafter set forth,more particularly shown, described and identified as"New BMP Access
<br /> and Maintenance Easement"as shown on the Exhibit dated October 5,2016 by CRA-AE entitled"Bioretention Cell Access and
<br /> Maintenance Easement,"which is attached to and made a part of this document;upon which Grantor shall construct,maintain,repair
<br /> and reconstruct stormwater control structure(s),including detention pond(s),pipes and water control structures,berms and dikes,and
<br /> shall establish and maintain vegetative filters and groundcovers;and(2)an access and maintenance easement more particularly shown
<br /> and described on the attached Exhibit herein referenced, for the purpose of permitting Town inspection and,if necessary,maintenance
<br /> and repair of the SCS Easements and engineered structure(s)as more fully set forth herein and in the Hillsborough UDO.
<br /> The terms,conditions,and restrictions of the Stormwater Control Structure Access and Maintenance Easement are:
<br /> 1. Grantor represents and warrants that Grantor is financially responsible for construction,maintenance,repair and
<br /> replacement of all stormwater control structures,appurtenances and vegetation,including the impoundment.Grantor
<br /> agrees to perform the maintenance as outlined in the Operations and Maintenance Agreement recorded at Book
<br /> 6204,Page 169 of the Orange County Registry and in consideration of the Certificate of Compliance with
<br /> stormwater regulations received for Property.
<br /> 2. If Grantor fails to comply with these requirements,or any other obligations imposed herein,in the Hillsborough
<br /> UDO or Operations and Maintenance Agreement,the Town of Hillsborough may perform such work as Grantor is
<br /> responsible for and recover the costs thereof from Grantor.
<br /> 3. This Easement and Agreement gives the Grantee the following affirmative rights: Grantee,its officers,employees,
<br /> and agents may enter Stormwater Control Structure and Access and Maintenance Easement whenever reasonably
<br /> necessary for the purpose of inspecting same to determine compliance herewith,to maintain same and make repairs
<br /> or replacements to the engineered stormwater control structure(s)and appurtenances and conditions as may be
<br /> necessary or convenient thereto in the event Grantor defaults in its obligations and to recover from Grantor the cost
<br /> thereof,and in addition to other rights and remedies available to it,to enforce by proceedings at law or in equity the
<br /> rights,covenants, duties,and other obligations herein imposed.
<br /> The Grantor shall in all other respects remain the fee owner of the Property and area subject to these easements,and may
<br /> make all lawful uses of the Property not inconsistent with these easements.
<br /> The Grantee does not waive or forfeit the right to take action to ensure compliance with the terms,conditions and purposes of
<br /> this Easement and Agreement by a prior failure to act.
<br /> The Grantor agrees that the terms,conditions and restrictions of this easement will be promptly recorded by Grantor in the
<br /> Orange County Registry.The designation Grantor and Grantee shall include the parties,their heirs, successors and assigns.
<br /> TO HAVE AND TO HOLD the aforesaid rights,privileges,and easements herein granted to the Grantee,its successors and
<br /> assigns forever and the same Grantor does covenant and that Grantor is seized of said premises in fee and has the right to convey the
<br /> same,that except as set forth below the same are free from encumbrances and that Grantor will warrant and defend the said title to the
<br /> same against claims of all persons whosoever.
<br /> The covenants agreed hereto and the conditions imposed herein shall be binding upon the Grantor and its agents,personal
<br /> representatives,heirs and assigns and all other successors to Grantor in interest and shall continue as a servitude running in perpetuity
<br /> with the above described land.
<br /> IN WITNESS WHEREOF,the Grantor has caused this instrument to be signed in its name,the day and year first above
<br /> written.
<br /> Orange County,a North Carolina county
<br /> By:
<br /> Earl McKee
<br /> Chair,Orange County Board of Commissioners
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