THIS DEED OF EASEMENT, made this _________ day of ___________________, 2010, by and between THE BOARD OF EDUCATION OF CARROLL COUNTY, a body corporate and politic of the State of Maryland, including successors and assigns, Grantor; and THE COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND, a body corporate and politic of the State of Maryland, Grantee. WHEREAS, the County Commissioners of Carroll County propose to acquire certain easements located in the Seventh (7th) Election District of Carroll County, Maryland; and WHEREAS, the parties have agreed to the conveyance of the easements as hereinafter described. NOW, THEREFORE, THIS DEED OF EASEMENT WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, the said Grantor does hereby grant and convey unto THE COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND, a body corporate and politic of the State of Maryland, its successors and assigns, a perpetual easement to allow the location, relocation, maintenance, repair, enlargement and replacement of pipes, headwalls, inlet ditches, outlet ditches, culverts, manholes, inlets, stormwater management, swales, backwater areas, and other drainage features upon, in, on, above, across, through, under and over such portion of Grantor’s land situate on Maryland Route No. 97, containing 1.6951 acres of land, more or less, and identified as “Construction Easement & Perpetual Maintenance Easement For Retrofit of Ex. SWM Pond” on a Plan entitled “WESTMINSTER HIGH SCHOOL CONSTRUCTION & PERPETUAL MAINTENANCE EASEMENT FOR SWM POND RETROFIT” (hereinafter referred to as “Plan”), which Plan is incorporated herein by reference, and on an Exhibit Plat entitled “WESTMINSTER HIGH SCHOOL CONSTRUCTION & PERPETUAL MAINTENANCE EASEMENT FOR SWM POND RETROFIT” (hereinafter referred to as “Plat”), which Plat is attached hereto and incorporated herein by reference. AND the said Grantor further grants unto THE COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND, a body corporate and politic of the State of Maryland, its successors and assigns, an easement to allow for the stockpile and disposal of soil materials and to act as a staging area during construction, in, on, upon, above, across, through, under and over such portion of Grantor’s property containing 1.0085 acres of land, more or less, and identified as “Temporary Construction Easement” on the Plan and Plat; PROVIDED, HOWEVER, that said temporary construction easement shall automatically terminate and revert unto Grantor two years after the construction is completed and the site is stabilized. AND the County agrees to reseed and mulch any disturbed areas associated with the construction, which obligation shall continue until such time as the disturbed areas have an established uniform two-inch stand of grass with a coverage rate of 95%. BEING a portion of the same land conveyed unto Grantor by Deed from The County Commissioners of Carroll County dated February 29, 1968, and recorded among the Land Records of Carroll County, in Book 436, Page 628 &c.; also known as the Westminster High School at 1225 Washington Road, Westminster, Maryland, 21157. SUBJECT, HOWEVER, to the Grantor’s right to use the easement areas described herein following completion of construction for school purposes, provided that such use does not interfere with the Grantee’s use and enjoyment of the easements as provided herein. TO HAVE AND TO HOLD the above described easements unto THE COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND, its successors and assigns. AND the said Grantor hereby covenants that it has not done or suffered to be done any act, matter or thing whatsoever to encumber the easements hereby conveyed; that it will warrant specially the easements hereby granted and that it will execute such further assurances of the same as may be requisite. Furthermore, it is the intent of the parties that these covenants be deemed to be and are construed as real covenants running with the land. All subsequent owners of the property burdened by this easement shall assume the position of “Grantor” for the purposes of this easement at the time such owners acquire their title to the property. AND the parties, for themselves, their heirs, personal representatives, successors, and assigns further covenant and agree as follows: 1. That the Stormwater Management Facility shown on the Plan shall be constructed by the Grantee in a good and workmanlike manner and maintained by the County pursuant to Chapter 191 of the Code of Public Local Laws and Ordinances of Carroll County. 2. Grantor or its authorized representative shall be responsible for the routine maintenance (mowing, removal of vegetation and debris) of the Stormwater Management Facility, and the Grantee shall be responsible for the maintenance of the structural elements, including but not limited to the underdrain system, headwalls, inlet ditches, outlet ditches, culverts, manholes, inlets, swales, outlet structures and pipes after the facility is constructed and as-built certifications are accepted by the County, or until the site has an established uniform two-inch stand of grass with a coverage rate of 95%, whichever is later. In addition to the foregoing, the Grantee shall be responsible to cause the contractor(s) who construct the stormwater management facilities to perform any work on the stormwater management facilities that is covered by construction warranties. 3. Grantor and Grantor's successor and assigns may not erect structures (including fences, retaining walls, and sheds of any kind) or perform earthwork which could result in redirection of surface runoff within the Stormwater Management Facility. Damages caused by Grantor shall be repaired by Grantor in a timely manner not exceeding thirty (30) days without express written approval of Grantee. Grantee may not erect a fence around the Stormwater Management Facility without obtaining the express prior written approval of Grantor. 2 4. Grantee or its authorized representative shall have the right to enter on the Grantor's land from Maryland Route 97 or Maryland Route 32 from time to time for the purposes of inspection, maintenance, repair, and enforcement of the easement, covenants, conditions, limitations, and restrictions herein contained after providing notice to the school office of their intention to enter the Grantor’s land, provided that prior notice shall not be required in the event of an emergency. Any representative of the Grantee shall display identification. 5. That this easement does not grant the public in general any right of access to or any right or use of the above described land. 6. The perpetual maintenance easement granted herein shall be in perpetuity, unless released by Grantee; the temporary construction easement granted herein shall automatically terminate and revert unto Grantor as provided herein. AS WITNESS the hands and seals of the Grantor and Grantee herein. BOARD OF EDUCATION OF CARROLL COUNTY, MARYLAND, a body corporate and politic of the State of Maryland, ATTEST: _______________________________ ______________________________(SEAL) Barbara J. Shreeve, President _______________________________ ______________________________(SEAL) Charles I. Ecker Superintendent of Schools Reviewed as to form and legal sufficiency this _____ day of ____________, 2010. _______________________________ Robert D. Porter, Esquire Attorney for Board of Education ACCEPTED AND APPROVED BY: THE COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND, a body corporate and politic of the State of Maryland ____________________________________ BY: Steven C. Horn, Director Department of Planning 3 Approved for legal sufficiency: _____________________________ Terri A. Jones Deputy County Attorney NO TITLE EXAMINATION I HEREBY CERTIFY that this document was prepared by or under the supervision of an attorney licensed to practice in the State of Maryland. _________________________________ Terri A. Jones, Deputy County Attorney TAJ\dmg\attorney\Agreements\Patapsco\SWEasement-WestminsterH.S. - 1280-0016 – 11/03/09 RETURN TO: DEPT. OF COUNTY ATTORNEY, 225 N. CENTER STREET, WESTMINSTER, MD 21157 G:\files\Rdp.gen\5968b.09.doc 4 5 5 of 5 5.