HomeMy WebLinkAbout3577 ~~orth Trail tiereby grants unto Trafalgar Developers, its successors
and assigns, the free and uninterrupted use, liberty, privilege, ease-
nent and right of way for drainage purposes for Trafalgar Developers,
its tenants, invitees, and licensees, on, over and through any and all
canals, any system of levees or drainage, and any irrigation or holding
pond which Vorth Trail has already or shall at any time construct or
cause to be constructed on its lands 3escribed herein as Parcel A, to-
gether with the right of entry upon, passage over, deposit of excavated
earth and use of equipment along the banks of said canals and system
of levees and draic~age as may be necessary or useful for the cleaning,
.
repairing and maintenance thereor.
Trafalgar Developers hereby grant unto Nortn Trail, its successors
and assigns, the free and uninterrupted use, liberty, privilege, easement
and right of ~vay for drainage purposes for North Trail, its tenants,
invitees, and licensees, on, over and through any and all canals and
any system of levees or drainage which now exist or shall be constructed
in the future on the lands of Trafalgar Developers described herein as
Parcel B, together with the right of entry upon, passage over, deposit
of excavated earth and use of equipment along the banks of said canals
and system of levees and drainage as may be necessary or useful for the
cleaning, repairing and maintenance thereof.
2. The sole purpose of integrating said canal systeM is to
afford a means for draining the surface waters from Parcels A and B and
~
secondariZy for draining waters discharged from residences now or here-
;
~
after constructed on said Parcel B.
3. All costs and expenses of cleaning, repairing and maintain-
€ ing existing unitary canal system for positive drainage purposes shall
; be borne by the parties hereto in the following percentages, to-wit:
` (A) North Trail 22.541$
(B) Trafalgar Developers 77.459$
s
` t
~ said percentages being based upon the amount of acreage each party owns
~
in relation to the aggregate of 481.96 acres contained in Parcels A and B.
- 4. The parties hereto shall jointly cor?tract for cleaning, re-
pairing and maintenance of all of the e:cisting canals within the afore-
= said unitary canal system and that portion of Canal No. 3 which is conti-
; guous to the lands described in Parcel B. PROVIDED: That Trafalgar Devel-
~ opers shall sa~~e and hold harmless North Trail from any damage, cost or
-
- expense to existing improvemer.ts
caused by the development or improvemen of ~
- e A •7 ~
- . ~ f, ~X ; ; r (
- 2- i. ~.V~] . C. ~I
_ _ v . . . ~