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Page 1 of 3 PREPARED BY: DECLARATION OF EASEMENT (Drainage Easement) THIS DECLARATION OF EASEMENT (this "Easement") is made on this day of , 20 by whose mailing address is (hereinafter referred to as "Grantor"), and THE COUNTY OF CAPE MAY, a body corporate and politic of the State of New Jersey, with offices at 4 Moore Road, Cape May Court House, New Jersey 08210 (hereinafter referred to as "Grantee"). The words “Grantor” and “Grantee” shall mean all Grantors and all Grantees listed above. THIS EASEMENT is granted by Grantor to Grantee (and to Grantee's successors in title) for and in consideration of One ($1.00) Dollar and other good and valuable consideration, receipt of which is hereby acknowledged. THE LANDS AFFECTED by this Easement (the “Affected Lands””) are more formally described on Exhibit (attached hereto and incorporated herein by this reference) prepared by , New Jersey License No. . Said Affected Lands is also depicted on a Site Plan/Subdivision Plan dated (last revised ) as prepared by , New Jersey License No. , attached hereto as Exhibit and incorporated herein by this reference. SAID AFFECTED LANDS are a part of the lands and premises conveyed unto Grantor by deed from , dated and recorded in the Cape May County Clerk's Office on at Deed Book , Page . THE TERMS OF THIS EASEMENT are as follows: 1. Grantee is permitted to place, construct, install, operate, maintain and inspect storm drainage facilities across the Affected Lands, ---PAGE BREAK--- Page 2 of 3 provided that all such facilities shall be constructed and installed under the Affected Lands, all such facilities shall be kept in good repair and operating condition, any plants, shrubs, trees and other growth located on the Affected Lands shall either not be disturbed by such construction and installation or, if disturbed, shall be replaced in like kind, any structures located on the Affected Lands shall either not be disturbed by such construction and installation or, if disturbed, shall be replaced in like kind, and the Affected Lands shall in all other respects be restored to the condition existing immediately prior to such construction and installation. 2. Upon reasonable notice to Grantor, and with Grantor's consent, Grantee shall have the right of ingress and egress to and over the Affected Lands at any time reasonably necessary for the purpose of constructing, repairing or inspecting the said drainage facilities and for doing anything reasonably necessary, useful or convenient for the enjoyment of the specific limited easement herein granted. Grantor shall not unreasonably withhold said approval. However, in the event of an emergency, as solely determined by the County Engineer, Grantor expressly waives said notice and consent provision. Grantee shall use its best efforts during the performance of any such work to minimize interference with Grantor's use and enjoyment of the Affected Lands. 3. Grantee shall have the right to remove at any time any or all of the drainage improvements erected under the Affected Lands subject to the same obligations either not to disturb or to replace in like kind any structures, plants, shrubs, trees or other growth then located on the Affected Lands and to otherwise restore the Affected Lands to the condition existing immediately prior to such removal. THIS EASEMENT and the rights and obligations hereunder shall run with the land and be binding upon all the parties hereto, their successors, heirs, transferees and assigns. THE GRANTOR SIGNS THIS DECLARATION OF EASEMENT to be effective as of the date written at the top of the first page. WITNESS: GRANTOR: ---PAGE BREAK--- Page 3 of 3 (ACKNOWLEDGMENT) STATE OF : : ss. COUNTY OF : I HEREBY CERTIFY that on , 20 , the Grantor, , appeared before me and established to my satisfaction that: he/she signed, sealed and delivered this Easement as his/her act and deed individually and/or on behalf of any corporate entity named herein as Grantor; if executed on behalf of a corporate Grantor, he/she verified that he/she has been authorized to execute this Easement on behalf of the corporation and has affixed the true seal of the corporation hereto; and made this Easement for One Dollar ($1.00) as the fill and actual consideration paid or to be paid for the transfer of title. (Such consideration is defined in N.J.S.A. 46:15-5.) NOTARY PUBLIC Seal RECORD AND RETURN TO: OFFICE OF COUNTY COUNSEL 4 Moore Road, DN-104 Cape May Court House, N.J. 08210 Tel. (609) 465-1122 Fax (609) 463-0705