22-3286 Declaration of Access & Boat Ramp Easement

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1. ACCESS AND BOAT RAMP EASEMENT. City hereby declares, creates and imposes, for the benefit of Parcel 2 and the Canal Property and every person who shall now or hereafter be a fee simple owner of Parcel 2 and the Canal Property, a perpetual non-exclusive access easement for purposes of vehicular and pedestrian ingress and egress on, over, upon, and across the areas defined in the "Easement Area" more particularly described in Exhibit "E" attached hereto. 2. MAINTENANCE. The boat ramp in the Easement Area shall be maintained by the owner of Parcel 1. 3. DISCLAIMER OF WARRANTIES. City grants this Declaration as to the Property in its current "AS -IS" condition without further representation or warranty of any kind whatsoever, express or implied. 4. DURATION. The easement hereby granted, created and declared shall be perpetual in duration and may not be changed, amended, modified, cancelled or terminated other than as expressly provided herein, except by an instrument in writing, executed by the then owners of the Property and all mortgagees of any portion thereof. 5. INCIDENTAL RIGHTS. The easement hereby created and granted includes the creation of all incidental rights reasonably necessary for the use and enjoyment of the Easement Area for its intended purposes, subject to the limitations set forth herein. 6. MISCELLANEOUS. With or without specific reference thereto, conveyance of an interest in any portion of the easement area and Parcel 1 or Parcel 2 shall be subject to the respective burdens and benefits of the easement hereby created and granted to the same extent as if all of the terms of this instrument were set forth in such conveyance in full. The easement, covenants, agreements and conditions shall not be personal (except as otherwise expressly provided herein) but shall run with the land and shall be binding upon and inure to the benefit of the owners of all portions of Parcel 1 and 2 and the Easement Area, their mortgagees, each of the successors and assigns of all such parties, as well as the tenants, agents, licensees, guests and invitees of each of them. 7. SEVERABILITY. If any provision of this Declaration is hereafter expressly declared by a court of proper jurisdiction to be invalid or unenforceable, then such provision shall be canceled and severed from this Declaration and the other provisions of this Declaration shall continue in full force and effect. 8. OTHER EASEMENTS; MATTER OF RECORD. It is expressly agreed and understood that the Declaration is hereby granted, together with all rights and privileges granted hereby, are and shall be non-exclusive, and City hereby reserves for itself, its successors and assigns, the right to grant such other easements as it deems desirable in, over, under, upon or across its property. [signature page to follow] M