HomeMy WebLinkAbout3600 2. The height of any building c~nstru~ted on the
property conveyed herein shall not exceed two stories.
3. The grantee, its successors and assigns, at its
sole expense, shall maintain the roadway over the easement
described above in good maintenance and repair.
4. The grantee, its successors and assigns, at its
sole expense, shall maintain that portion of the channel situate
on the property described above, 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 12' (or such lesser maximum depth as is
authorized by the appropriate state and federal authorities), as
- more particularly described in the channel cross section attached ;
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hereto as Exhibit A.
; 5. Grantee shall not construct any building or appur-
! tenance on the westerly 269' of the property conveyed herein so
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; long as no building or appurtenance (other than a one-story
t residential dwelling house) be constructed on the easterly 282'
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~ of the grantor's property contiguous to the western boundary ~f
~ the property conveyed to grantee herein; such restriction to
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~ expire on October 31, 2022.
~ 6. Should the grantee, its successors or assigns,
' fail, neglect or refuse to fulfill or perform any of its main-
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~ tenance obligations as set forth in Paragraphs 3 and 4 above, the
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~ grantor reserves for itself, its successors or assigns, the right
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~ to enter on said property and perform the required maintenance.
~he cost of said maintenance shall constitute a lien on all of
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the real property conveyed by the grantor to the grantee herein,
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- which lien may be foreclosed by the grantor as in the case of any
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lien foreclosure. Grantor's right of entry to perform maintenance
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~r shall neither obligate it to perform said maintenance nor shall
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