03-08-1993 Council Packet - Laserfiche WebLink

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done onlv on those portions above 1C37 feet and at tine reasonably acceptable to Woodhill. The owners exercising such shall clean up all trirruTiings and deoris and shall exercise due care in connection with such activities on the Woodhill Property. 4. Perpetual easerrients for the benefit of the Prudden Property for the maintenance or replacement of electrical, gas, and telephone lines as presently located and legally described on Exhibits D and E are hereby created which easements include the right of access for repair and maintenance. 5. No structure, temporary or permanent, shall be constructed on the Woodhill Property within fifty (50) feet of the easterly and southerly boundaries of the Prudden Property. For purposes of this paragraph, a structure shall not include a drainage field or other septic system which is either underground or slightly elevated from the ground level; provided, however, that any such system will be properly maintained and landscaped to blend into the surrounding environment. 6. No portion of any improvement constructed on the^ Woodhill Property to the south of the easterly 496.45 reet of the Prudden Property (as measured from the southeast corner of the Prudden Property to existing judicial landmiarh) shall be constructed above 1037 feet above sea level. 7. A non-exclusive easement is hereby created in favor of Woodhill, its successors and assigns, for driveway access to the Northern Residential Lots utilizing the criveway on the Driveway Easement as it exists, from, time to time, from Woodhill Road to the Prudden Property and a new driveway to be constructed by Woodhill, at its expense, in the portion cr tne westerly 75 feet of the Prudden Property as described on the attached Exhibit F hereto. Such easement permits Woodhill to construct a sincle driveway access to t.he Northern Residential Lots which access shall be limited to serving two single family residences on the Northern Residential Lots. In the event a building permit is issued for the construction of a building on either of the Northern Residential Lots, the lot for which the building perm.it is issued shall be deemed to be a user^as conte.T.piated under the provisions of Paragraphs 1 and 2 above. 8. The Pillsburys are entering into this Agreement solely for the purpose of subjecting their fee interest in the Wcodnill Property to the terms of this Agreement. 9. The provisions of t.he Contract for Deed relati.ng to the above ease.ments, rig.hts and restrictions are hereby terminated, and the provisions of this Agreement shall apply. -S