attached - Cherokee County Schools

RIVER GREEN
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.
AT:207968v6 - 4 -