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<br />WHEREAS, this Easement and Agreement has been procured in accordance with the requirements of NCGS
<br />Section 143-211 et. seq. and Section 6 (Development Standards), Subsection 6.20 (Stormwater Management) of the
<br />Hillsborough UDO.
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<br />NOW, THEREFORE, for a valuable consideration, including the benefits Grantor may derive therefrom, the
<br />receipt of which is hereby acknowledged, Grantor has dedicated, bargained and conveyed and by these presents does
<br />hereby dedicate, bargain, sell, grant and convey unto the Grantee, its successors and assigns, a perpetual, and irrevocable
<br />right and easement in, on, over, under, through and across the Property (1) for a STORMWATER CONTROL
<br />MEASURE easement (“hereafter SCM Easement”) of the nature and character and to the extent hereinafter set forth, more
<br />particularly shown, described and identified as “20’ BMP Access Easement” and “30’ X 70’ BMP Maintenance Esmt. for
<br />Sandfilter” as shown on Exhibit A entitled “Stormwater BMP Easement” which is attached to and made a part of this
<br />document; upon which Grantor shall construct, maintain, repair and reconstruct stormwater control measure(s), including
<br />detention pond(s), pipes and water control structures, sand filters, berms and dikes, and shall establish and maintain
<br />vegetative filters and groundcovers; and (2) an access easement more particularly shown and described on the attached
<br />Exhibit herein referenced, for the purpose of permitting Town inspection and, if necessary, maintenance and repair of the
<br />SCM Easement and engineered structure(s) as more fully set forth herein and in the Hillsborough UDO.
<br />
<br />The terms, conditions, and restrictions of the Stormwater Control Measure Access and Maintenance Easement
<br />are:
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<br />1. Grantor represents and warrants that Grantor is financially responsible for construction, maintenance,
<br />repair and replacement of all stormwater control measures, appurtenances and vegetation, including the
<br />impoundment. Grantor agrees to perform the maintenance as outlined in the Operations and Maintenance
<br />Agreement recorded at Book 6468, Page 214 of the Orange County Registry and in consideration of the
<br />Certificate of Compliance with stormwater regulations received for Property.
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<br />2. If Grantor fails to comply with these requirements, or any other obligations imposed herein, in the
<br />Hillsborough UDO or Operations and Maintenance Agreement, the Town of Hillsborough may perform
<br />such work as Grantor is responsible for and recover the costs thereof from Grantor.
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<br />3. This Easement and Agreement gives the Grantee the following affirmative rights: Grantee, its officers,
<br />employees, and agents may enter Stormwater Control Measure and Access and Maintenance Easement
<br />whenever reasonably necessary for the purpose of inspecting same to determine compliance herewith, to
<br />maintain same and make repairs or replacements to the engineered stormwater control measure(s) and
<br />appurtenances and conditions as may be necessary or convenient thereto in the event Grantor defaults in
<br />its obligations and to recover from Grantor the cost thereof, and in addition to other rights and remedies
<br />available to it, to enforce by proceedings at law or in equity the rights, covenants, duties, and other
<br />obligations herein imposed.
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<br />The Grantor shall in all other respects remain the fee owner of the Property and area subject to these easements,
<br />and may make all lawful uses of the Property not inconsistent with these easements.
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<br />The Grantee does not waive or forfeit the right to take action to ensure compliance with the terms, conditions and
<br />purposes of this Easement and Agreement by a prior failure to act.
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<br />The Grantor agrees that the terms, conditions and restrictions of this easement will be promptly recorded by
<br />Grantor in the Orange County Registry. The designation Grantor and Grantee shall include the parties, their heirs,
<br />successors and assigns.
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<br />TO HAVE AND TO HOLD the aforesaid rights, privileges, and easements herein granted to the Grantee, its
<br />successors and assigns forever and the same Grantor does covenant and that Grantor is seized of said premises in fee and
<br />has the right to convey the same, that except as set forth below the same are free from encumbrances and that Grantor will
<br />warrant and defend the said title to the same against claims of all persons whosoever.
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