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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 AT:207968v6 - 2 -
RIVER GREEN 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 AT:207968v6 - 3 -
Page 1: RIVER GREEN UPON RECORDING, PLEASE
Page 5 and 6: RIVER GREEN 8. Indemnification. Eac
Page 7 and 8: RIVER GREEN Counterpart Signature P
Page 9 and 10: RIVER GREEN 53 seconds West a dista
Page 11 and 12: RIVER GREEN EXHIBIT A-2 River Green
Page 13: RIVER GREEN EXHIBIT C Easement Area

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