2002-10-01 P & Z Agenda - Laserfiche WebLink

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Water Ponding, Flowage and Drainage Easement and Restrictive Covenants Exhibit B Grantor reserves and retains a perpetual and non-exclusive Water Ponding, Flowage and Drainage Easement over, under and across the subject Property for the storage, holding, drainage and flowage of water to be released by the Grantor at any time and in such quantities as the Grantor may in its sole discretion determine from time to time. This retained easement is for the benefit of Grantor's retained appurtenant property, which retained appurtenant property lies between the subject Property and the low water line of Peltier Lake. Neither the Grantee nor any other person shall use or schedule the use of the subj ect Property for any purpose inconsistent with the release of water onto the subject Property. No buildings, structures, equipment or any facilities shall be constructed, stored or maintained on, within or over the subject property. The foregoing restrictions and rights shall be binding upon and inure to the benefit of the Grantor and Grantee, and to their successors and assigns, and shall run with the land. In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Grantor may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by the Grantee that Grantor is entitled to obtain injunctive relief requiring Grantee to comply with said covenants without the need for a bond or security, and that specific performance is an appropriate remedy and that Grantor does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event suit is brought by Grantor to enforce the restrictive covenants or easement provisions contained herein, or if suit is brought for damages or for any other reliefhereunder, the Grantor shall be entitled to recover its costs, including reasonable attorneys' fees incurred in counection with such suit. N:\BTSCHlDA\LAND\Peltier\Buckbee _restrictions _ 001