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~ easement shall be ~n appurtenance to the Hwnphrey property and ~
the eastern boundary thereo! shall be the eastern boundary of the
~waphzey property extended to Walton Road as relocated. The _
instrument creating sa13 easement shall be in a form acceptable
to the ~ttorney tor Aumphrey and ehall provifle that Hwaphrey may
construct thereupon at his expense auch roadway as he may be
advised and that he may further place upon said easement such signa
advertising his property and any business or activities conducted
thereupon as he may be advised. The instrwnent creatinq said ease-
ment shall be duly executed by GDC and shall be in recordable form.
4. COVSTRUCTI PERI1•lETER ROAD. GDC shall cause to be
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constructed on or efo e ~abandonment of the right-of-way for Walton
Road a roadway dedicated to the public which roadway shall be
adjacent to the northern boundary line of the Hw-~phrey property and •
shall provide access to ~~lalton Road all $s nore particularly shown
on paqes 10 and 11 of the Aoplicat3on for~Development Approval for
the Mid~ort Develop~eent of Reqional Zmpact referred to in the
premises. Copies of pages 10 and 11 of the aforementioned Applica- ~
tion for Developa~ant Approval are attached hereto, markQd co~posite
~xhibit "C" and by reference made a part hereof.
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; 5. CONFIR'~L~TIOIJ OF 195 FOOT EASEi~I :2J2. G~C hereby ratif ies
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' and confir.ns the 195 foot ease;nent which
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~ shall be conaidere8 a permanent appurtenance to
~ thQ Huiaphrey property. GDC further aqrees that Humphrey may con-
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struct uF?on the 195 foot ease;nent at his expense such roariway as he
. may bo advised and that he may further place upon said easement su
signa a3vertisinq his property and any busi~ess or activitiea con ~
so long_ as there is no int
ducted thereupon as he may be advised, ference with the use of the (g
~ easement b GllC in accordance with th original grant af easement.
~ 6. D~FAULT. In the event of a defat~lt under this Aqreement
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~ b y either party, the other party may proceed at law or in equity
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~ to entorca his riqht~ herewnder, including but not limited to the
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~ right to speciffc performance,
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~ 7. 1~?TTORNEY'S F1'sES AND C03TS. In connection with any liti- s~
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~ gation, inoludinq appellate proceedinga, arisinq out ot this aqrae-
~ ment, the prevailinq party ahall be entitled to recover reasonabls
r Nuu o~~??iM ~ 3r~~cs ~ ~~oro B~;!?K,•J~~ p~iF~~,L7C)~
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