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4. Declaration of Access Easement. The City hereby declares a perpetual, <br />exclusive easement over and across the real property legally described on Exhibit C -1 (the <br />"Easement Property ") and depicted on Exhibit C -2 for the construction, maintenance and repair <br />of a public roadway and the use of such public roadway by the public for vehicular and <br />pedestrian ingress and egress between the City Property and adjacent public rights of way. The <br />easement is referred to herein as the "Public Roadway Easement." <br />5. Benefitted Property. The Public Roadway Easement is appurtenant to the City <br />Property and is for the use and benefit of the City and the public. <br />3614104v2 <br />6. Construction Obligations. [Needed? /Discuss] <br />7. Maintenance of the Roadway Improvements. [Discuss] <br />8. Enforcement. F &C, the City and any future owner of all or any portion of the <br />Property have the right to enforce the terms of this Declaration of Easement in a legal or <br />equitable action brought in a court of competent jurisdiction, and the prevailing party in any such <br />action is entitled to recover from the opposing party the prevailing parties attorney's fees and <br />costs. <br />9. Run With Title. The Public Roadway Easement runs with title to the City <br />Property and inures to the benefit of and is binding upon all the owners of the City Property and <br />the F &C Property, their heirs, successors and assigns. <br />2 <br />