HomeMy WebLinkAbout3594 Provided, however, that grantee ~ use of said channel for ingress
and egress shall not in any manner interrupt or interfere with the
use of said channel by the grantor, its successors or assigns.
2. The grantee hereby agrees to maintain, at its sole
expense, that portion of the channel held by it in fee simple,
to include but not be limited to the channel bed, waterway and
bulkheads, in a state of good maintenance and repair in accordance
with the accepted practices, specifications and requirements of
the United States Army Corps of Engineers and other federal,
state or local authorities having jurisdiction over said channel.
The channel shall be maintained to a maximum depth of twelve
feet (12') (or such lesser maximum depth as is authorized by
appropriate state and federal authorities) as more particularly
described in the channel cross section attached hereto as
~chibit A.
3. Should the grantee fail, neglect or refuse to
fulfill and perform any of its maintenance obligations as set
forth in Paragrapll 2 above, the grantor reserves the right to
enter on said property and perform the required maintenance.
The cost of said maintenance shall constitute a lien on all of
the real property conveyed by the grantor to the grantee, which
lien may be foreclosed by the grantor as in the case of any lien
foreclosure. Grantor's right of entry to perform maintenance
shall neither obligate it to perform said maintenance nor shall
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it prevent the grantor from suing at law or in equity to enforce
the covenants herein contained.
4. Grantee specifically acknowledges that tlie lien set
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out in Paragraph 3 above shall apply and attach to aIl property
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owned by the grantee abutting said channel and conveyed to it
by the grantor whether said property was conveyed before or after
the date of this agreenent.
~ 5. Grantor expressly reserves the right to grant ease-
ments for the use of said channel to its successors and assigns.
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