attached - Cherokee County Schools

RIVER GREEN
UPON RECORDING, PLEASE RETURN TO:
EPSTEIN BECKER & GREEN, P.C.
RESURGENS PLAZA, SUITE 2700
945 EAST PACES FERRY ROAD
ATLANTA, GA 30326-1380
ATTN: DEBORAH C. ANTHONY
STATE OF GEORGIA
COUNTY OF CHEROKEE
AT:207968v6
Cross-Reference: Amended and Restated
Declaration of Covenants, Conditions and
Restrictions for River Green recorded in Deed
Book 5861, Page 408, Cherokee County,
Georgia Records
RECIPROCAL DRAINAGE EASEMENT AGREEMENT
THIS RECIPROCAL DRAINAGE EASEMENT AGREEMENT (this “Agreement”) is
made this _____ day of __________________, 2005, by and between CHATHAM-WIELAND,
LLC, a Georgia limited liability company (“Chatham-Wieland”) and CHEROKEE COUNTY
SCHOOL SYSTEM, acting by and through its duly elected Board of Education, and duly
appointed Superintendent of Schools (“School”). Chatham-Wieland and the School are
sometimes referred to individually as a “Party”, and collectively as the “Parties”.
Statement of Background
A. Chatham-Wieland is the developer of a mixed-use project in the City of Canton,
Cherokee County, Georgia known as “River Green”, and the owner of certain parcels of real
property being more particularly described on Exhibits A-1 and A-2 attached hereto and by this
reference incorporated herein (“River Green Parcel A-1” and “River Green Parcel A-2”, and,
collectively, the “River Green Parcels”). River Green Parcel A-1 is or will be developed as
residential units or used as open space. River Green Parcel A-2 is part of the open space now
owned by Chatham-Wieland in Land Lots 88 and 89, to be conveyed to the River Green
Community Association, Inc. (“Association”) as Common Area pursuant to the Amended and
Restated Declaration of Covenants, Conditions and Restrictions for River Green, as recorded in
Deed Book 5861, Page 408, Cherokee County, Georgia Records (“Declaration”). Conveyance
of the open space to the Association shall be subject to the ingress and egress easements and

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drainage easements reserved by Chatham-Wieland (as Declarant under the Declaration) pursuant
to Sections 11.2 and 11.3 of the Declaration.
B. The School is the owner of that certain parcel of real property adjacent to River
Green Parcels A-1 and A-2, as more particularly described on Exhibit B attached hereto and by
this reference incorporated herein (the “School Parcel”). (The River Green Parcels and the
School Parcel are sometimes referred to individually as a “Parcel”, and collectively as the
“Parcels”.)
C. Surface and storm water flow and drainage from River Green Parcel A-1 is
carried to infrastructure located within and adjacent to the northwesterly right-of-way line of
River Bend Way (right-of-way varies), and then through the easement area shown on the
drawing included in Exhibit A-2 into a creek the centerline of which is the dividing line between
River Green Parcel A-2 in Land Lot 89, the School Parcel, and the adjoining . From the creek
basin, surface and storm water flow and drainage from River Green Parcel A-1 and a portion of
the School Parcel is carried through the creek and onto that portion of River Green Parcel A-2
lying within Land Lot 88.
D. Under the terms and conditions set forth herein, the School agrees to grant to
Chatham-Wieland, and Chatham-Wieland desires to obtain from the School, an easement for
surface and storm water flow and drainage from River Green Parcel A-1 onto the School Parcel.
Chatham-Wieland agrees to grant to the School, and the School desires to obtain from
Chatham-Wieland, an easement for surface and storm water drainage and flow from a portion of
the School Parcel onto that portion River Green Parcel A-2 lying within the creek basin, and
further onto that portion of River Green Parcel A-2 located in Land Lot 89.
E. Chatham-Wieland will record a Declaration of Covenants and Restrictions for
River Green for USACE Section 404 Permit, setting forth the plan for any wetlands affected by
storm water drainage on the River Green Parcels.
Statement of Agreement
NOW, THEREFORE, in consideration of the premises, the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt, sufficiency and adequacy of
which being hereby acknowledged, the Parties do hereby covenant and agree as follows:
1. Recitals and Exhibits. The foregoing Statement of Background and the exhibits
attached hereto are an integral part of this Agreement and are incorporated herein by this
reference.
2. Grant of Easements.
(a) The School hereby declares, establishes, creates and grants to Chatham-Wieland,
for the benefit of and as an appurtenance to the River Green Parcel A-1, and as a burden upon
the School Parcel, a non-exclusive permanent easement for surface and storm water flow and
drainage from River Green Parcel A-1 upon, over, across and through that portion of the creek
basin lying on the School Parcel (including the 50-foot stream buffer associated with the creek
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basin), as depicted Exhibit C attached hereto and incorporated herein by this reference (“River
Green Easement Area”). This easement includes as a material part thereof, an easement to tie
into and use such drainage infrastructure as may exist from time to time upon the School Parcel
within the River Green Easement Area, and the right to construct and maintain drainage
infrastructure as may be necessary for use of the easement pursuant to the grant set forth herein.
If, by Chatham-Wieland tying into the drainage infrastructure on the School Parcel, the size or
capacity of the drainage infrastructure installed by the School must be increased, then
Chatham-Wieland shall bear all costs for the required increase in the size or capacity of the
drainage infrastructure.
(b) Chatham-Wieland hereby declares, establishes, creates and grants to the School,
for the benefit of and as an appurtenance to the School Parcel and as a burden upon River Green
Parcel A-2, a non-exclusive permanent easement for surface and storm water flow and drainage
from that portion of the School Parcel draining into that portion of the creek basin owned by
Chatham-Wieland (including without limitation the surface and storm water drainage originating
from River Green Parcel A-1) upon, over, across and through those portions of River Green
Parcel A-2 as described on Exhibit C (“School Easement Area”). This easement includes as a
material part thereof, an easement to tie into and use such drainage infrastructure as may exist
from time to time upon River Green Parcel A-2. If, by the School tying into the drainage
infrastructure on River Green Parcel A-2, the size or capacity of the drainage infrastructure
installed by Chatham-Wieland must be increased, then the School shall bear all costs for
required increase in the size or capacity of the drainage infrastructure. Use of the School
Easement Area shall be in keeping with the USACE Declaration.
(c) The School Easement Area and the River Green Easement Area are sometimes
individually referred to as an “Easement Area”, and collectively as “Easement Areas”.
3. Construction.
(a) Prior to any construction on an Easement Area to permit use of the easements, the
grantee of the easement shall provide to the grantor of the easement a copy of the plans for
construction of the drainage infrastructure in the Easement Area. The plans of each Party shall
be subject to the approval of the other Party, such approval not to be unreasonably withheld or
delayed. The grantee of the easement shall perform all construction in a good and workmanlike
manner, and shall exercise due diligence in completing construction. During construction, the
grantee of the easement shall coordinate entry onto the Parcel of the other Party, and shall avoid
disruption of the use of the Parcel by the owner of that Parcel. Each Party shall be responsible
for its own costs of construction.
(b) After construction, the Party performing the construction agrees to restore the
construction area and Easement Area so that the areas thereby affected will be left in good and
sightly condition. The Party performing the construction further agrees to repair and replace as
necessary any improvements damaged by the installation of drainage infrastructure, including repaving
or re-landscaping, as necessary to restore the construction area.
4. Maintenance. Any required maintenance of drainage infrastructure shall be
performed by the Party benefitting from the easements to which the drainage infrastructure is
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appurtenant. Maintenance responsibilities shall include repair and such capital improvements as
are necessary for containment of surface and storm water flow and drainage within the Easement
Areas.
5. Relocation. Each Party acknowledges and agrees that the owner of a Parcel on
which an Easement Area is located shall have the right to relocate the Easement Area or drainage
infrastructure within the Easement Area at any time upon thirty (30) days’ notice to the Party
benefitted by the Easement. The cost of any relocation initiated by the owner of a Parcel on
which an Easement Area is located shall be borne by the owner of the Parcel. Upon relocation of
an Easement Area, this Agreement shall be amended to release the old Easement Area, and to
describe the new Easement Area. Each Party agrees to execute and deliver any such amendment
within ten (10) days of notice by the other Party.
6. Development. Each Party hereby reserves unto itself, all rights of ownership to
that Party’s Parcel not inconsistent herewith, including without limitation, the right to improve
its Parcel as it deems appropriate.
7. Dedication.
(a) The easements and associated maintenance responsibilities granted in this
Agreement shall automatically terminate, without the necessity of further documentation, with
respect to any portion of an Easement Area that is accepted for dedication by a governmental or
quasi-governmental authority, as and when any portion of the Easement Area is accepted for
dedication, so long as the dedication does not unreasonably reduce or otherwise materially and
adversely affect the rights of the benefitted Party to use the Easement Area for the purposes
described herein. Each Party agrees upon request of any Party to execute and deliver a
termination of this easement upon dedication.
(b) Each grantee of an easement hereunder acknowledges that the grant of the
easement herein shall in no way constitute or create in the grantee of the easement any right to
oppose, consent to or participate in any decision on the part of the grantor of the easement to
dedicate any portion of the grantor’s Easement Area to an appropriate governmental or
quasi-governmental authority. To the extent the grantee of an easement hereunder may have any
right, whether express or implied, to consent to dedication by the owner of the Easement Parcel,
the grantee of the easement hereby waives all such rights, so long as the dedication does not
materially reduce grantee’s rights to use the Easement Area for the purposes described herein.
As a condition to the grant of the easement in this Agreement, the grantee of each easement
agrees to cooperate with grantor of each easement and any governmental authority in the
dedication of an Easement Area. Each grantee agrees to join in the dedication at the request of
the grantor of an easement, so long as the dedication does not materially reduce the rights of the
grantee of the easement to use the Easement Area for the purposes described herein.
(c) This Agreement is solely for the benefit of the Parcels and the owners of the
Parcels. Nothing contained in this Easement Agreement shall be deemed to be a gift or
dedication of any portion of an Easement Area to the general public or for any public purpose
whatsoever, the intention of the parties being to limit this Agreement to the purposes expressed
herein.
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8. Indemnification. Each Party hereby agrees to indemnify and hold harmless the
other Party from and against any and all costs, fees (including reasonable legal fees), expenses,
damages, fines, penalties, liabilities and/or damages resulting from or relating to the
indemnifying Party’s availing itself of the easements granted same herein.
9. Miscellaneous.
(a) Binding Effect. The terms and conditions of this Agreement shall be binding
upon and shall inure to the benefit of each Party hereto, and their respective heirs, executors,
administrators, legal representatives, successors, and assigns as owner of a Parcel, and shall be
deemed to benefit and burden and run with the title of the pertinent Parcel. The terms and
provisions of this Agreement shall be covenants running with the land. The grant of the
easements in this Agreement are independent of any covenant or contractual agreement
undertaken by the Parties to this Agreement, and a breach by either Party of any covenant or
contractual agreement hereunder shall not cause a forfeiture or reversion of the easement granted
in this Agreement.
(b) Applicable Law. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Georgia.
(c) Captions and Headings. All captions and headings are solely for reference
purposes only and shall not be used to interpret or otherwise alter the text of this Agreement.
(d) Entire Agreement. This Agreement contains the sole and entire agreement of the
Parties hereto with respect to matters contemplated hereunder, and no representation,
inducement, promise or agreement, verbal or written, between the Parties and not incorporated
herein shall be of any force or effect. Any amendment to this Agreement shall be in writing and
executed by the Parties hereto.
(e) Severability. If any provision of this Agreement, or any portion thereof, or the
application thereof to any Party or circumstances shall to any extent be held invalid, inoperative
or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the
application of such provision or portion thereof to any other Parties or circumstances, shall not
be affected thereby; it shall not be deemed that any such invalid provision affects the
consideration for this Agreement; and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
(f) Waiver. No failure of either Party to exercise any power given to a Party
hereunder to insist upon strict compliance by the other Party of its obligations hereunder, and no
custom or practice at variance with the terms hereof shall constitute a waiver of the right to
demand exact compliance with the terms hereof.
(g) Counterparts. This Agreement may be executed in separate counterparts, each of
which shall be an original, and all of which shall constitute but one instrument.
[SIGNATURES ON FOLLOWING PAGES]
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Counterpart Signature Page
for
RECIPROCAL DRAINAGE EASEMENT AGREEMENT
between
CHATHAM-WIELAND, LLC, as Chatham-Wieland
and
CHEROKEE COUNTY SCHOOL SYSTEM, as School
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed under seal and delivered on the day and year first above written.
Signed, sealed and delivered in the
presence of :
________________________________
Unofficial Witness
________________________________
Notary Public
My Commission Expires:
(Notary Seal)
AT:207968v6 Signature Page
CHATHAM-WIELAND:
CHATHAM-WIELAND, LLC, a Georgia
limited liability company
By: Chatham Holdings Corporation, a
Georgia corporation, its Manager
By: ___________________________
Name: J. David Chatham
Title: President
(Corporate Seal)

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Counterpart Signature Page
for
RECIPROCAL DRAINAGE EASEMENT AGREEMENT
between
CHATHAM-WIELAND, LLC, as Chatham-Wieland
and
CHEROKEE COUNTY SCHOOL SYSTEM, as School
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed under seal and delivered on the day and year first above written.
Signed, sealed and delivered in the
presence of :
________________________________
Unofficial Witness
________________________________
Notary Public
My Commission Expires:
(Notary Seal)
SCHOOL:
AT:207968v6 Signature Page
CHEROKEE COUNTY SCHOOL SYSTEM
By: Cherokee County Board of Education
By: _______________________________
Name: Dr. Frank R. Petruzielo
Title: Superintendent of Schools

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EXHIBIT A-1
River Green Parcel A-1
Residential Portion
All that parcel or tract of land lying and being in land lots 89, 90, 91 & 92 of the 14th District,
2nd Section, Cherokee County Georgia and being more particularly described as follows:
BEGINNING at an iron pin set at the intersection of the northeasterly right-of-way of
Ga. Hwy. 20 (Variable right-of-way) and the southeasterly right-of-way of River Bend Way
(Variable right-of-way); thence along the southeasterly right-of-way of River Bend Way along a
curve to the right having a radius of 103.26 feet an arc distance of 47.39 feet to a point (said
curve being subtended by a chord and chord bearing of North 36 degrees 36 minutes 06 seconds
West a distance of 46.98 feet); thence along a curve to the right having a radius of 50.00 feet an
arc distance of 23.84 feet to a point (said curve being subtended by a chord and chord distance of
North 09 degrees 47 minutes 49 seconds West a distance of 23.61 feet); thence North 03 degrees
51 minutes 35 seconds East a distance of 32.38 feet to a point; thence along a curve to the right
having a radius of 214.81 feet an arc distance of 54.97 feet to a point (said curve being subtended
by a chord and chord distance of North 14 degrees 16 minutes 14 seconds East degrees a
distance of 54.82 feet); thence along a curve to the right having a radius of 265.21 feet an arc
distance of 141.33 feet to a point (said curve being subtended by a chord and chord distance of
North 45 degrees 44 minutes 50 seconds East a distance of 139.67 feet); thence North 61 degrees
03 minutes 10 seconds East a distance of 291.02 feet to a point; thence along a curve to the left
having a radius of 535.00 feet an arc distance of 193.79 feet to a nail set (said curve being
subtended by a chord and chord distance of North 50 degrees 40 minutes 34 seconds East a
distance of 192.73 feet); thence leaving said right-of-way South 50 degrees 26 minutes
39 seconds East a distance of 152.92 feet to an iron pin set on the north line of land lot 91;
thence along said land lot line South 88 degrees 00 minutes 44 seconds East a distance of 313.90
feet to an iron pin set on the southwesterly right-of-way of Brooks Drive (30-foot right-of-way);
thence along said right-of-way South 10 degrees 19 minutes 54 seconds East a distance of 29.41
feet to a point; thence South 25 degrees 59 minutes 40 seconds East a distance of 32.55 feet to a
point; thence South 33 degrees 58 minutes 43 seconds East a distance of 111.30 feet to a point;
thence South 30° degrees 03 minutes 13 seconds East a distance of 164.44 feet to a point; thence
South 25 degrees 18 minutes 09 seconds East a distance of 129.09 feet to a point; thence South
18 degrees 39 minutes 00 seconds East a distance of 75.14 feet to a point; thence South
13 degrees 37 minutes 05 seconds East a distance of 139.54 feet to a point; thence South
15 degrees 18 minutes 59 seconds East a distance of 38.44 feet to an iron pin set; thence leaving
said right-of-way North 67 degrees 37 minutes 17 seconds West a distance of 35.35 feet to an
iron pin set; thence South 14 degrees 29 minutes 48 seconds West a distance of 240.54 feet to an
iron pin set on the northeasterly right-of-way of Ga. Hwy. 20; thence along said right-of-way
North 65 degrees 29 minutes 13 seconds West a distance of 212.38 feet to a right-of-way marker
found; thence South 24 degrees 26 minutes 22 seconds West a distance of 19.91 feet to a
right-of-way marker found; thence North 65 degrees 29 minutes 59 seconds West a distance of
160.00 feet to a right-of-way marker found; thence North 22 degrees 59 minutes 03 seconds East
a distance of 4.97 feet to a bent right-of-way marker found; thence North 65 degrees 25 minutes
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RIVER GREEN
53 seconds West a distance of 24.82 feet to a right-of-way marker found; thence South
24 degrees 32 minutes 45 seconds West a distance of 15.02 feet to an iron pin set; thence North
65 degrees 27 minutes 15 seconds West a distance of 190.28 feet to a right-of-way marker found;
thence North 24 degrees 43 minutes 52 seconds East a distance of 25.00 feet to a right-of-way
marker found; thence North 65 degrees 30 minutes 19 seconds West a distance of 324.91 feet to
a right-of-way marker found; thence South 24 degrees 29 minutes 41 seconds West a distance of
25.01 feet to an iron pin set; thence North 65 degrees 30 minutes 19 seconds West a distance of
296.56 feet to THE TRUE POINT OF BEGINNING. Said tract containing 15.54 acres.
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Open Space
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EXHIBIT A-2
River Green Parcel A-2
River Green Parcel A-2 includes any real property and fixtures, and the rights
appurtenant thereto, now or hereafter owned by Chatham-Wieland, LLC, or as submitted to the
Amended and Restated Declaration of Covenants, Conditions and Restrictions for River Green
recorded in Deed Book 5861, Page 408, Cherokee County, Georgia Records (“Declaration”), as
part of the Properties (as therein defined) under the Declaration, including Common Area (as
defined in the Declaration). River Green Parcel A-2 specifically includes any drainage
infrastructure, or drainage easements located or established in any reservation by deed from
Chatham-Wieland, LLC, the Declaration, or on any recorded plat for River Green into which
surface and storm water from the School Parcel may flow by natural means, or pursuant to the
plans approved by the Parties to this Agreement.
AT:207968v6 Exhibit A-2

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EXHIBIT B
School Parcel
[ATTACH LEGAL DESCRIPTION FOR SCHOOL PARCEL]
AT:207968v6 Exhibit B

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EXHIBIT C
Easement Areas
AT:207968v6 Exhibit C