Permit - 1290746 - Laserfiche WebLink

Home Browse Search

as a helpful quick reference and not as a def'mitive legal description of the location of the well and pump house. 2.4 The parties acknowledge, that the well aud pump house may be located within a portion of an unabandoned street or government right of way, that currently runs between both Parcels. The owner of Dominant Parcel is currently seeking an abandonment or vacation of said street or right of way through Marion County. The owners of both Parcels agree, that they will execute whatever documents m'e necessary to effectuate the goals and purpose of this easement if such is necessary after ~he application of the Dominant owner is approved. Servieut ovzner agrees to cooperate fully the abandonment/vacation process. 2.5 The parties agree, that the terms of this agreement shall be binding on the heirs, successors, and assigns of each.. 3. TYPE OF EASEMENT (BENEFIT AND/OR APPURTENANCE). 3.1 The Easement is appurtenant to the Dominant Parcel. 3.2 The F..asement is'for the benefit of all or any portion of the Dominant parcel and all owners or lawful users of ail or auy portion of the Dominant Parcel, including, without limitation Grantee, its employees, independent contractors, guests and invitees, except as otherwise provided in tiffs document. 4. CONSIDERATION FOR EASEMENT. 4.1 Upon or prior to execution of this document, Grantee has paid Grantor the sum of $1.00 (the "Basic Consideratiou"), the receipt of which is hereby acknowledged by Grantor, which shall be the total consideration to be paid for the Easement, except as otherwise provided in this document. 5. DURATION OF EASEMENT. 5.1 The Easement shall be perpetual and may be terminated ouly as expressly provided for in this document. 5.2 The Easement may be terminated only by an instrument in writing signed by all of the beneficiaries of the Easement and duly recorded in ~he records of the county in which the Dominant Parcel is located. The Easement shall not be terminated by failure of purpose or change of circumstance, except as and to the extent otherwise provided in this document. 6. CONSTRUCTION, MAINTENANCE AND REPAIR. 6.1 The cost of maintenance and repair of the well, pumps, tanks, pump house, and all related parts and machinery, shall be shared equally by the parties. 6.2 The cost of electricity for the pump will be shared equally by the pm'ties. Page 2 - I~a~crnent (Voellcr / Cone)