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#3120- Deed; ENCROACHMENT EASEMENT Southwest Quarter of Section 25, Township 37 North, Range 2 East of the Second Principal Meridian, Centre Township
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#3120- Deed; ENCROACHMENT EASEMENT Southwest Quarter of Section 25, Township 37 North, Range 2 East of the Second Principal Meridian, Centre Township
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Notwithstanding the foregoing, to the extent that the current Billboard must be reconstructed due to <br />being destroyed (due to storm, fire or similar casualty) the Easements shall automatically cease, and <br />all future structures shall abide by the zoning laws and regulations generally and specifically <br />applicable to such structures provided, however, that such zoning laws and regulations shall be <br />modified to the extent necessary to apply grandfather provisions applicable to the Billboard's current <br />location in order for Grantee to obtain permits necessary to relocate the Billboard at a new location <br />(provided that the new location does not encroach the public right-of-way as it exists at that time). <br />2. Purposes of Easements. The purposes of the easements granted and conveyed by <br />Paragraph I above are: (i) to allow the owner of the Easements to illuminate, maintain, repair, <br />remove, use and/or operate an outdoor advertising display in the location where an outdoor <br />advertising display is currently located on the Property Interest and permitted by or excepted from <br />the applicable zoning laws and regulations; (ii) to create exclusive access for vehicular traffic, for the <br />benefit of the owner of the Easements, in, on, under, over and across the Property Interest for the <br />purposes of maintaining and repairing the outdoor advertising display; and (iii) to provide an area for <br />the installation, maintenance, repair, replacement, removal, use and operation of utility lines and <br />other utility improvements in, on, under, over and across the Property Interest necessary to operate or <br />illuminate an outdoor advertising display. The Easements are not intended, and shall not be <br />construed, to grant or dedicate any rights to the general public to use the portion of the Property <br />Interest subject to the Easements. <br />3. Restrictive Covenant. Grantor agrees not to permit any portion of the Property <br />Interest to be used for purposes that would obstruct the view of, or otherwise impair the usefulness or <br />value of, Grantee's outdoor advertising display. Grantor therefore restricts and encumbers the <br />Property Interest with the following restrictive covenant: <br />"No building or structure may be erected on the Property Interest that <br />would block the view from Ireland Road of any outdoor advertising <br />display erected on the Property Interest in the Sign Easement. <br />Burkhart Advertising, Inc., its successors and assigns, shall be <br />permitted to trim or remove any trees or other obstructions that would <br />block the view of the structure." <br />4. Additional Improvements to the Propegy Interest. No fence, barrier, trench or other <br />improvement or impediment shall be constructed or installed within the Property Interest that would <br />prevent access to the Billboard or the use of the Sign Easement for the purposes described in this <br />Agreement. <br />5. Property Taxes/Assessments. Any taxes levied or assessed on the improvements to <br />the Sign Easement constructed or owned by Grantee shall be the responsibility of Grantee. Upon <br />receipt of a tax bill relating to the Property Interest, Grantor shall deliver a copy of the tax bill to <br />Grantee. Grantee shall pay to Grantor the property taxes relating to the improvements constructed or <br />owned by Grantee upon the Sign Easement. <br />-2- <br />
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