attached - Cherokee County Schools

RIVER GREEN
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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