STORM DRAINAGE EASEMENT AGREEMENT

STATE OF GEORGIA

COUNTY OF FULTON

W I T N E S S E T H:

WHEREAS, Grantor is the owner of certain real property and improvements in the City

of College Park, Fulton County, Georgia, as described in Exhibit "A" attached hereto and

incorporated herein by reference (the “FCS Property”); and

WHEREAS, Grantee is the owner of certain real property adjacent to the FCS Property as

more particularly described in Exhibit "B" attached hereto and incorporated herein by reference

(the "City Property"); and

WHEREAS, Grantor has constructed, or will construct, a storm sewer pipe and storm

water detention pond on the FCS Property (collectively the "FCS Storm Sewer"); and

WHEREAS, upon completion of the installation and construction of the FCS Storm

Sewer, Grantee intends to be responsible for all costs associated with the use, maintenance,

repair, replacement, inspection, and reconstruction of the FCS Storm Sewer; and

WHEREAS, in order to evidence the understanding between Grantor and Grantee with

respect to the FCS Storm Sewer, Grantor intends to declare, establish, create, grant, and/or

convey certain easement rights to Grantee for and with respect to the utilization, maintenance,

repair and re-construction of the Installations and utilization of the Storm Drainage Easement (as

defined hereinbelow), all as more particularly set forth herein.

NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) in

grant, bargain, sell and convey unto Grantee and its successors and assigns, a perpetual, non-

exclusive easement in, on, over, under, across and through that certain portion of the FCS

Property shown as the " Storm Drainage Easement" on the drawing attached hereto as Exhibit

"C" and as more particularly described in the legal description of said Storm Drainage

Easement attached hereto as Exhibit "C-1" and incorporated herein by this reference (the

“Storm Drainage Easement”). The rights, benefits, privileges, and easements granted herein are

for the purpose of the non-exclusive use and enjoyment of the Storm Drainage Easement to

channel, distribute or transport storm water originating from the City's Property through the FCS

Storm Sewer. Notwithstanding the foregoing, Grantor hereby agrees to accept such storm water

discharge through the FCS Storm Sewer in its current intensity, rate, volume and location. The

a. all rights, benefits, privileges, and easements necessary or

convenient for the full enjoyment and use of the Storm Drainage Easement for the purposes

described herein;

b. the right of entry into and upon the FCS Property for the purpose

of access and ingress to and egress from the Storm Drainage Easement in order to effect the

rights, privileges and easements set forth herein;

c. the right to cut away and keep clear, remove and dispose of all

trees, undergrowth or other obstructions now or as may exist on the Storm Drainage Easement,

which removal is necessary for Grantee's use and enjoyment of easements, rights and privileges

granted herein; and

d. the right, when required by law, governmental regulation or

necessity to conduct scientific, geotechnical, archaeological or other studies, investigation or

other testing on or below the ground surface of the Storm Drainage Easement.

3. Reservation of Rights. Except for the rights, privileges, benefits and easements

granted herein, Grantor hereby reserves all its right, title and interest in and to the Storm

Drainage Easement incident to the fee simple estate thereof and for any and all purposes not

inconsistent with Grantor’s easement grants as expressly permitted herein.

Easement by the Grantee shall be undertaken in such a manner as to minimize the disturbance to

and interruption of Grantor's use of the FCS Property to the greatest extent practicable.

(b) Grantee shall operate, repair, replace and maintain continuously the FCS

Storm Sewer on or within the Storm Drainage Easement.

(c) Grantee shall be solely responsible for any fees, costs, and/or expenses

incurred in connection with the maintenance, operation, repair, reconstruction and/or

replacement of the FCS Storm Sewer. The FCS Storm Sewer and Storm Drainage Easement

shall remain free and clear of all liens and other encumbrances arising out of the exercise by the

Grantee of its rights hereunder.

(d) Any construction, maintenance, repair or other work or activities

Easement is natural and has not been improved, such areas shall be smoothed to commercial

lawn grade and seeded with grass following such activity.

(e) Except in the event of an emergency, Grantee shall use commercially

reasonable efforts to provide Grantor with at least ten (10) days prior written notice of any

construction, maintenance, repair or other work or activities to be performed on the FCS Storm

Sewer or within the Storm Drainage Easement by Grantee.

(f) In the event that the Grantee, its employees, agents, or assigns, shall

damage the FCS Storm Sewer, the area within the Storm Drainage Easement or the FCS

Property, then, at its sole cost and expense and within thirty (30) days after receipt of written

notice from Grantor that Grantee has caused such damage, Grantee shall repair, or cause to be

FCS Storm Sewer, the Storm Drainage Easement area or FCS Property, then Grantor shall have

the right, but not the obligation to repair such damage and, promptly upon receipt of written

demand therefor, Grantee shall reimburse Grantor for all costs and expenses incurred in repairing

enjoyment of the rights and privileges granted herein.

(b) Grantor does hereby covenant with the Grantee that Grantor is lawfully

seized and possessed of the Storm Drainage Easement above described, that it has a good and

6. No Public Dedication. Nothing contained in this Agreement shall be deemed to

be a gift of dedication to the general public or for any general public use.

7. Successors and Assigns. The Storm Drainage Easement shall run with title to

and burden the FCS Property and shall be binding upon and inure to the benefit of and be

enforceable by the legal representatives, successors and assigns of Grantor and Grantee. All

obligations of Grantor and Grantee hereunder shall be binding upon their respective successors-

in-title and assigns.

8. Entire Agreement. This Agreement constitutes the entire agreement between the

invalid provision, a like and valid provision which reflects the agreement of the parties with

respect to the covenant, agreement, condition or provision which has been deemed invalid.

10. Signatures. This Agreement may be executed in two or more counterparts, each

of which shall be deemed an original, but all of which together shall constitute one and the same

instrument, and upon execution by the Grantor and Grantee, this Agreement shall be promptly

recorded in the Official Records of Fulton County, Georgia.

11. Time of Essence. Time is of the essence with respect to this Agreement.

12. Governing Law. This Agreement shall be governed by and construed in

accordance with the laws of the State of Georgia.

IN WITNESS WHEREOF, Grantor and Grantee have signed, sealed and delivered this

Agreement as of the day and year first set forth above.

[SIGNATURE PAGE TO EASEMENT AGREEMENT (continued)]

EXHIBIT "A"

Plat/Legal description of FCS Property

EXHIBIT "B"

Legal Description of City Property

EXHIBIT "C"

Drawing/Plat of Storm Drainage Easement