May 9, 2022 BOA Agenda Packet - Laserfiche WebLink

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BK 6730 PG 1352 DOC# 30050979 45 Beginning at a point within the Gaines Chapel Road right of way as shown on Exhibit A (said point being a distance of 40.01 feet from the center line of Gaines Chapel Road at a bearing of North 87 degrees 32' 36" West), thence North 80 degrees 24' 35" West 94.09 feet to a point; thence North 1 degree 00' 00" East 68.77 feet to a point; thence South 80 degrees 24' 35" East 94.14 feet to a point; thence South 1 degree 02' 42" West 68.76 feet to the point and place of beginning. The Plat is attached hereto as Exhibit A and incorporated herein by reference. 2. Alterations. The Permitted Encroachment must be constructed as directed by the permit issued by Orange County and in strict compliance with the locations shown on the Plat. No alterations from the Plat may be made during or after the construction of the Permitted Encroachment, other than to make the Permitted Encroachment take up less of a footprint within the designated areas on the Plat. Compliance with the Plat and these limitations on alterations are necessary and essential to render Grantee's use of Easement Area consistent with the safe, reliable, and efficient construction, operation, and maintenance of the existing and future Facilities located on the Easement Area. 3. Reaffirmation. Notwithstanding anything to the contrary herein, by executing this Agreement the parties reaffirm the terms of the Easement Document and acknowledge that this Agreement does not permanently alter, limit, or amend those terms. This Agreement only identifies the Permitted Encroachment as non-hostile and permits them to remain pursuant to the terms of this Agreement. This Agreement does not constitute a transfer of an interest in land or Grantor's rights granted in the Easement Document. 4. Wetlands and Vegetation. The Easement Area may not be used by Grantee to satisfy wetland mitigation requirements. Grantee shall not plant any trees or shrubbery in the Easement Area without prior written approval from Grantor. 5. Grantor Free From Liability. Grantor shall not be liable for any damages to the Permitted Encroachment resulting from Grantor's use of the Easement Area, nor for any damage to landscaping, driveways, or irrigation systems that may result from Grantor's access to the Easement Area. 6. Additional Consent May Be Required. Grantor makes no warranties or representations as to Grantee's contemplated use of the Easement Area, and in no way shall be deemed to have consented to such use on behalf of the owner of the property on which the Easement Area exists. Grantee acknowledges that Grantor's entering into this Agreement does not, by itself, grant any rights to Grantee to use any portion of the Easement Area, and that the consent of other parties (including, without limitation, the owner of the property and any mortgagee of such owner) may be required for Grantee to obtain any rights over the property encumbered by the Easement Area. 2 Rev.2019