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02-26-2015 - Amendment to docking easement
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875 Windjammer La - 07-117-23-12-0030
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02-26-2015 - Amendment to docking easement
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Last modified
8/22/2023 5:30:49 PM
Creation date
2/20/2020 12:35:21 PM
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x Address Old
House Number
875
Street Name
Windjammer
Street Type
Lane
Address
875 Windjammer La
Document Type
Misc
PIN
0711723120030
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c, Under no circumstances may Grantees' dockage materials be stored on the Khan <br /> Property's portion of the Easement Area. <br /> d. Grantees'dockage materials must be neatly stacked within the Easement Area. <br /> e. The height of the Grantees' dockage materials when stacked/stored on the <br /> Easement Area may not exceed 4 feet at any point, with the exception that the canopy supports <br /> may be leaned upon the stacked dockage material in the Easement Area on the Kelly Property's <br /> side of the Easement Area and on the south side of the stacked dockage material. <br /> 7. Maintenance. Grantees shall maintain at their sole expense the footpath and any other <br /> improvements that they make on the Easement Area. Grantees shall not remove any trees from <br /> the Easement Area without the prior written approval of Grantors, which approval shall not be <br /> unreasonably withheld when necessary. Grantees may not improve or use the Easement Area in <br /> a manner that would channel and divert water run-off away from the Easement Area and onto <br /> other portions of Grantor? Properties. Notwithstanding the above, Grantors acknowledge that <br /> absent any effort by Grantees to channel and divert water run-off away from the Easement Area, <br /> some water run-off will naturally flow off of the Easement Area onto other portions of Grantor? <br /> Properties, and that this does not constitute a violation of the Easement. Grantors have no <br /> obligation to maintain any improvements made by Grantees on the Easement Area. <br /> 8. Waiver of LMCD Ordinance Set Back Requirements. To the extent necessary to give <br /> effect to this Easement, and to the extent it is permitted,Grantors will orally waive,or waive in <br /> writing if required by any regulations, laws, or applicable ordinances, any applicable setback <br /> requirements set forth in the LMCD Ordinance, <br /> 9. Consent to Single Gangway from Shoreline. In accordance with the parties' intention <br /> and agreement as reflected in Exhibits B-I and B-2,Grantors will consent to, and to the extent <br /> necessary apply for, a permit or license from LMCD that will allow a single main dock or <br /> gangway to be installed in the water from the shoreline for the purposes of Grantees' dock <br /> structure, and Grantors will not revoke such consent. As noted above, the costs of any such <br /> permit or license application will be borne by Grantees. <br /> 10. Quiet Eniovment. Each of Grantees' use of the Easement must be in a manner that does <br /> not unreasonably interfere with Grantors' use and quiet enjoyment of Grantor? Properties. To <br /> the extent any government office or agency asserts any claims or imposes any restrictions or <br /> directives respecting any use of the Easement or Dockage Area, it shall be the obligation of the <br /> Grantees to address and conform to such claims,restrictions and/or directives,and Grantees shall <br /> hold Grantors harmless as to same. Grantors shall take all actions reasonably necessary to fulfill <br /> the intent of the parties' Easement, as reflected in Exhibits A-I and A-2 and 13-1 and E-2,or any <br /> mutually agreed modifications to Exhibits 1{-1 awl A-2 and)3-1 and B-2. <br /> 11. No Conveyance without Grantors' nnroval. No Grantee may sell, convey,transfer <br /> or assign the Easement granted herein without the prior written approval of Grantors,unless such <br /> sale, conveyance, transfer or assignment occurs as a result of the conveyance of the respective <br /> Grantee's Property,as referenced herein. <br /> 5 <br />
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