OTHER-2026-044- Declaration of Easements and Restrictive Covenants for the Crisis Diversion facility

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shall be entitled to a full reimbursement from ORANGE COUNTY of the cost of Infrastructure construction improvements shown on the Construction Plans , including all reasonable and market-rate costs of management, materials and labor documented by CAPKOV to ORANGE COUNTY with invoices for the materials and labor. Reimbursement of invoices submitted by CAPKOV shall be paid by ORANGE COUNTY to CAPKOV within sixty (60) calendar days of submittal . F . If a future as -built survey or revised Construction Plans depicting the Infrastructure located on or serving New Lot 2 shows a change in the location of any Infrastructure within any easement referenced herein, then the location of the easements contained herein will be modified on the approved plans and /or any recorded plat and /or easement document to reflect the change in the as -built survey or Construction Plans . Any such change will be made by recordable amendment to this Declaration or other recordable instrument agreed upon by the Parties . NOW, THEREFORE, in consideration of the Recitals , which are material to this Declaration and shall be deemed incorporated into provisions below, and the other mutual covenants hereinafter set forth and other good and valuable consideration, the Parties , intending to be legally bound, agree and covenant as follows : 1 . Cross-Access Easement and Related Provisions . (a) Grant of Cross -Access Easement . ORANGE COUNTY declares , grants and conveys to CAPKOV, its successors and assigns , a non-exclusive and perpetual right, privilege and easement for ingress , egress , regress (but not parking) over that portion of the COUNTY Property labeled "Permanent Cross -Access Easement" shown on Exhibit A (the " Cross -Access Easement Tract") , attached hereto and incorporated herein by reference (the " Cross-Access Easement") . This Cross-Access Easement provides access from Waterstone Drive running southward over the "Future Public Street" shown on Exhibit A and generally continuing to where the eastbound private road intersects with the "Private Public Street" and running 320 ' east, more or less , to where the private access road turns southbound towards the County ' s planned Crisis Diversion Facility . At such time that the "Future Public Street" is accepted by the Town of Hillsborough or the North Carolina Department of Transportation for maintenance, the Cross -Access Easement Tract will be limited to the portion of the Permanent Cross -Access Easement between New Lot 1 and the COUNTY PROPERTY as shown on Exhibit A . The Cross -Access Easement will serve both the COUNTY Property and CAPKOV ' s New Lot 1 and provide pedestrian and vehicular access for all potential users of the COUNTY Property and CAPKOV ' s New Lot 1 . TO HAVE AND TO HOLD the Cross -Access Easement unto 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 . ORANGE COUNTY warrants that it is seized of the COUNTY Property in fee simple and has the right to convey the Cross -Access Easement described herein . (b) Temporary Construction Easement. The Parties , their successors and assigns , declare, grant and convey to each other, and their successors , assigns , agents and contractors , a sixty foot (60 ' ) temporary construction easement (the "TCE") overlaying and extending beyond the boundaries of the Cross -Access Easement Tract and over the COUNTY PROPERTY and CAPKOV ' s New Lot 1 and New Lot 3 to complete the Infrastructure on the COUNTY Property and CAPKOV ' s 3