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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.
<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 /> The terms, conditions, and restrictions of the Stormwater Control Measure Access and Maintenance Easement
<br /> are:
<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.
<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.
<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.
<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.
<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.
<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.
<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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