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� t <br /> Northview Road to the Alley Access Parcels for such time that such access is consistent with <br /> GRANTOR's current and future intended use of the Corridor; <br /> WHEREAS GRANTEE wishes to make certain guarantees to GRANTOR in exchange for <br /> the grant of easement. <br /> NOW THEREFORE, GRANTOR and GRANTEE agree to the following: <br /> 1 . GRANTOR, in consideration of the sum of Eighty Four Thousand Eight Hundred <br /> Seventy Nine and 81/100 Dollars (584,879.81), the "Cost" of this easement, and other good <br /> and valuable consideration to GRANTOR from GRANTEE, receipt of which is acknowledged, <br /> grants unto GRANTEE, a nonexclusive easement for a public alley (hereinafter referred to as <br /> "Alley") over that portion of the Corridor legally described on "Exhibit B" (hereinafter referred to <br /> as the "Easement Area") and depicted on "Exhibit C" for ingress and egress from the south lot <br /> lines of the Alley Access Parcels to Northview Road for such time that such access is <br /> consistent with GRANTOR's current and future intended use of the Corridor as determined by <br /> GRANTOR in its sole discretion. Included in this grant of easement is the right to construct, <br /> maintain and sign the Alley, in such manner that does not conflict with GRANTOR's use of the <br /> Corridor as solely determined by GRANTOR, and as limited by the terms of this easement <br /> agreement. <br /> 2. Said easement shall be limited solely to providing public access for up to seven (7? <br /> noncommercial seasonal recreational or homestead single family residences, located on the Alley <br /> Access Parcels as those parcels are currently configured. The easement shall expire <br /> automatically if use of the Alley Access Parcels changes. The Alley shall have a passage way <br /> of not wider than twenty-five (25) feet and shall be located fully within the Easement Area. <br /> Upon expiration or other termination of this easement, GRANTEE shall deliver to GRANTOR a <br /> release of easement suitable for recordation. <br /> 3. This easement is granted with the understanding that plans for the segment of the <br /> Corridor affected by this arant of easement are only preliminary. GRANTOR reserves the right <br /> without further consideration, at GRANTEE's sole expense, upon two hundred seventy (270) <br /> days written notice from GRANTOR to GRANTEE, to terminate the easement and require <br /> removal of any Alley improvements or to require relocation or modification of the Alley, if <br /> GRANTOR determines that doing so is necessary for implementation of alternate uses on the <br /> Corridor. Such uses shall include, without limitation, operations, changed operations or planned <br /> operations of any current or future transportation system for rail, bicycle or foot travel or any <br /> other public use; and shall include, without limitation, renewal, replacement, repair, alteration or <br /> construction of tracks, bridges, culverts, thruway facilities, structures, properties, facilities and <br /> appurtenances. In the event GRANTEE fails to so relocate, alter, change, or remove the Alley <br /> within two hundred seventy (270) days after notice, GRANTOR may remove, alter or relocate <br /> such Alley at GRANTEE's expense, or terminate the easement. <br /> In the event that GRANTOR, at GRANTOR's initiative other than as a consequence of <br /> GRANTEE default, causes the termination of this easement at any time within Ten (10) years of the <br /> commencement date of this easement, GRANTOR shall reimburse GRANTEE for the Cost of this <br /> easement as follows: GRANTOR shall pay to GRANTEE the Cost of this easement less ten per cent <br /> (10%) per year, or partial year, that has passed since the commencement date of this easement.lf <br /> 2 <br />