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BOOK © [..,CF 41 Whereas the members of the Godfrey Family who granted an easement across their property described in Book 871 Page 243 in the Lee County Registry have requested that a reasonable effort be made to deter trespassers, and in particular those driving all terrain wheeled vehicles, from using the area of the easement as a passageway across their property; and Whereas the County has agreed to construct a fence and gate across the easement on the boundary line between the Godfrey's property and the lands of the Central Carolina Community College and also on the boundary line between the Godfrey's property and the lands of Martin-Marietta Minerals, Inc. Now therefore in consideration of granting the easement and the benefits derived from it, the parties hereto have mutually agreed as follows: City gives permission to the County to construct and erect a fence and gate across both ends of the easement granted by the Godfrey Family and gives permission for the School Board to repair and maintain said fences and gates provided that City is continuously furnished with the necessary device or means to unlock said gates. 2. County agrees to construct and erect a fence and gate at both ends of the easement granted by the Godfrey Family and to deliver to the City the necessary devise or means to unlock the gates. 3. School Board agrees to repair and maintain said fence and gate following its construction and to keep the City continuously supplied with the necessary device or means to unlock the gates. In witness whereof, each of parties hereto has caused this instrument to be signed in its name by its duly authorized officers and its seal to be hereunto affixed all by authority of its governing body, the day and year first above written. The remainder of this page was intentionally left blank.