Agenda 05-19-2026; 8-i - Declaration of Easements and Restrictive Covenants for the Crisis Diversion Facility

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11 This TCB Easement will automatically terminate at such time that the Town of Hillsborough has accepted and approved all of the Infrastructure installed by CAPKOV in accordance with the Construction Plans. 4. Sanitary Sewer Easement. The provisions that follow in subsections (a), (b) and(c) of this Section 4 apply if, and only if, (i) CAPKOV develops New Lot 1 prior to the development of the COUNTY Property, or (ii) the development of the COUNTY Property requires connection to the sanitary sewer infrastructure described on Exhibit D described herein below. Notwithstanding the foregoing, the Parties agree that currently, ORANGE COUNTY intends to exclusively locate the sewer line in the proposed public right-of-way. If CAPKOV develops Lot 1 prior to ORANGE County's development of the COUNTY Property, CAPKOV shall have the right to develop the required sewer infrastructure in the location shown in Exhibit D under the terms and conditions set forth in subsection (a), (b), and (c) below. If the development of the COUNTY Property requires connection to the sanitary sewer infrastructure described on Exhibit D described herein below, ORANGE COUNTY shall have the right to develop the required sewer infrastructure in the location shown in Exhibit D under the terms and conditions set forth in subsection(a) (b) and(c) below. (a) Grant of Sanitary Sewer Easement. The Parties, their successors and assigns declare, grant and convey to each other a non-exclusive and perpetual right, easement, and privilege to a twenty-five-foot (25') sewer easement (the "Sanitary Sewer Easement" or "SSE") over that portion of the CAPKOV or ORANGE COUNTY Property labeled "Sanitary Sewer Easement" as shown on Exhibit D (the "Sanitary Sewer Easement Tract" or "SSET'), attached hereto and incorporated herein by reference. The SSE granted herein is for the purpose of connecting the proposed new public sewer main line in accordance with the approved Construction Plans to the existing sewer main line running from Waterstone Drive and connecting with what is referred to by the Town of Hillsborough as the Woodsedge Front Pump Station and is described on the Construction Plans as "Proposed 25' Town of Hillsborough Sanitary Sewer Easement". The SSE may serve the COUNTY Property and CAPKOV's New Lot 1. ORANGE COUNTY or CAPKOV shall be permitted to install,repair and maintain any and all necessary utility Infrastructure within the Sanitary Sewer Easement Tract. Nothing herein shall prevent ORANGE COUNTY from conveying the new public sewer main line or a corresponding SSE to the Town of Hillsborough and CAPKOV will join in any necessary Deed of Easement to the Town of Hillsborough upon ORANGE COUNTY's or the Town of Hillsborough's request or requirement. TO HAVE AND TO HOLD the Sanitary Sewer Easement unto ORANGE COUNTY and CAPKOV, and its successors and assigns in title forever; it being agreed that the rights and easements hereby granted are for the use of, are appurtenant to and run with title to the Properties. CAPKOV and ORANGE COUNTY warrant that they are seized of their respective Properties in fee simple and have the right to convey the Sewer Easement and related rights described herein. (b) Grant of Temporary Sanitary Sewer Construction Easement. The Parties, their successors and assigns, declare, grant and convey to each other a (40') Temporary Construction Sanitary Sewer Easement(hereinafter"TSSCE")over their respective Properties labeled"Temporary Construction Easement" as shown on Exhibit D to complete the Infrastructure associated with the 25' Town of Hillsborough Sanitary Sewer Easement and this TSSCE shall continue to be in effect until such time as the Town of Hillsborough has been granted a Deed of Easement for the 25' Town of 9