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TLIZi�iS OF THE AGREEMENT: <br />NOW, TFIEREFORE, in consideration of the mutual promises contained here- <br />in, it is agreed as follows: <br />1. City of Eugene, Parks Dept. hereby grants to Norris's a perpetual easement, <br />a1)r,urtenant to the Norris property The purpose of the easement wilt. be. for <br />the repair and maintenance of the Norris Property and the improvements thereon. <br />7. City of UlyCne, Parks <br />Dept. agree that they will not construct or place` <br />five feet of the boundary <br />inrlrrovcruents <br />upon the <br />easement strip, or within <br />not restrict or impede the <br />pcissibility <br />thcr"of, , and <br />by <br />that they will physically <br />tile. Norris's to the easement strip for the purposes <br />for which <br />eat access <br />the casement <br />has been <br />granted. <br />A diagram of <br />the easement is attached hereto, marked Exhibit A, <br />and is <br />incorporated <br />herein. <br />4• The Agreements contained herein touch and concern, and relate to the use <br />of, the [lark Dent. and Norris properties, and are intended by the parties <br />to he covenants and restrictions running with the land. This document sh.rll <br />therefore be recorded in the deed records of Lane County, Oregon, to. serve <br />as notice to any future owners or occupants of the respective real properties <br />that the permission herein granted by the City is subject to all of the terms <br />of this Agreement. <br />5. "[ h terms of this Agreement shall extend to and be binding upon the heirs, <br />.r(Jrnirristrators, executors, transferees, successors, and assigns of the I)arti(' <br />1 wreto. <br />6. <br />if any suit, action, or other proceeding, or an appeal therefrom is instituted <br />to enforce, compel, or clarify any right or obligation created in this Agree -. <br />rrrent, the prevailing party shall be entitled to recover from the adverse <br />1)'Irty, in addition to costs and disbursements, an award of reasonable attar - <br />,,•yti� f, c s tci hc+ ,c.t I)y the trial or appelate court. <br />7• The easement herein granted is not exclusive, and Parks Dept may make <br />such use of the easement strip as is not inconsistent with the Norris. <br />use of the strip and the terms of the Agreement. <br />