Fence easement Clause Samples

Fence easement. Along portions of the common boundary line between the Retained Parcels and the Clermont Parcel as shown on the attached Exhibit “I” (the “Common Boundary Line”) the parties agree to permit, construct, maintain, repair and replace (as needed) a chain link fence (or such other type of fence or wall mutually agreed between the parties) with such covering as is required by the PUD Ordinance (the “Fence”) along the Common Boundary Line, with the intention that the centerline of the Fence (i.e., the center line of the vertical portion of the Fence) shall be approximately coterminous with the Common Boundary Line. CCP, LLC and Clermont hereby declare, reserve, grant and convey for the benefit of the Clermont Parcel and the Retained Parcels a mutual perpetual, non-exclusive easement, right, license and privilege to construct, maintain, repair and replace (as needed) the Fence along the Common Boundary Line and within an area two (2) feet (or more as reasonably required) on either side of the Common Boundary Line, as more particularly described on the attached Exhibit “I” (the “Fence Easement Area”). Clermont shall be responsible for the initial construction and placement of the Fence and all costs and expenses associated therewith shall be invoiced and paid in accordance with the procedure of Section 9 and 10 hereinbelow. Notwithstanding the foregoing, along the Common Boundary Line adjacent to the Easement Parcel the Fence shall be located off of the Common Boundary and fully within the Clermont Parcel to comply with the improvements restrictions imposed by Duke Energy (or its successors) within the Easement Parcel.