1999 Deed of Easement between Christopher Road Realty, Inc. and OC - Bradford Ridge Subdivision

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NOW THEREFORE, to that end, the Grantor, for a valuable consideration, the receipt of which is hereby acknowledged, has and by these presents does grant and convey unto the Grantee a temporary non-exclusive right and easement for ingress, egress and regress for the limited purpose of allowing the Orange County Environment and Resource Conservation Department access to the Grantee's property as described above for the purpose of monitoring such property and to clean up any storm damage to such property,which such easement shall run over and across the property of Grantor from the southwestern corner of the Grantee's property(a common corner with Lot No. 12, BRADFORD RIDGE SUBDIVISION) to Borland Road (SR 1126) and is more particularly described as follows: BEING those certain easements that run over and across(a)that thirty(30) foot wide strip of land that runs across the southernmost boundary of Lot No. 12, BRADFORD RIDGE SUBDIVISION entitled "30' TEMPORARY PRIVATE ACCESS EASEMENT", (b) that sixty(60)foot wide strip of land that runs along the common property line of Lot No. 11 and Lot No. 12, BRADFORD RIDGE SUBDIVISION to Bradford Ridge Road entitled "60' PRIVATE INGRESS AND EGRESS EASEMENT"and (c) that sixty (60)foot wide strip of land that runs to Borland Road (SR 1126) entitled `BRADFORD RIDGE ROAD (60' PRIVATE R/W)", which such easement is subject to the following conditions: 1. The easement shall never be for public use unless so dedicated by the Grantor in the Grantor's sole discretion; and 2. The easement shall be automatically extinguished and shall be null and void upon the date that the Grantee acquires other access to its property described hereinabove. 3. In accepting this easement, the Grantee, to the extent permitted by law and to the extent of coverage available in policies of insurance maintained by Grantee, agrees to indemnify and hold the Grantor,its successors and/or assigns, harmless and free from any personal and/or property injuries, damages, claims or accidents that occur within the easement area during the usage of the easement by the Grantee,its employees,licensees,guests,invitees and/or its independent contractors, including without limitation reasonable attorneys'fees and costs, except for those injuries, damages, claims or accidents that are caused by the Grantor, its successors and/or assigns. TO HAVE AND TO HOLD the said right and easement to the Grantee. It is agreed that the right and easement hereby granted is appurtenant to and runs with the land now owned by the Grantee and referred to above. This easement agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, assigns, successors and legal and/or personal representatives. --2--