DCPREZ-2014-10658 - Laserfiche WebLink

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reports,maps,photographs,and other documentation that the GRANTORS and HOLDERS agree provides an accurate representation of the condition of the COVERED LAND at the time of this EASEMENT AGREEMENT and which is intended to serve as an objective,but not exclusive,information baseline for monitoring compliance with this EASEMENT. The GRANTORS and HOLDERS agree,for themselves,their successors and assigns,that this EASEMENT along with the baseline documentation and inventory of relevant features may be introduced in any enforcement proceeding as the stipulation of the parties hereto. N. AMENDING THE EASEMENT (1) The terms of the EASEMENT may be amended with the written consent of all of the HOLDERS and all of the persons who own the COVERED LAND at the time of the amendment.An amendment under this subsection does not include an amendment that extinguishes the EASEMENT (2) The HOLDERS may give their consent under sub.(1)only if the amendment is consistent with the purpose of the EASEMENT,does not affect the perpetual duration of the Easement and does not materially weaken the EASEMENT to the detriment of the HOLDERS. (3) The HOLDERS may withhold their consent under sub.(1)in their sole discretion,and are not required to justify any withholding of consent. (4) An amendment under sub.(1)is not effective unless it is in writing,and signed by all of the persons who are required to give their consent under sub.(1).A signed written amendment takes effect when signed by all parties and recorded with the county Register of Deeds in the county where the COVERED LAND is located. O. TERMINATING THE EASEMENT The EASEMENT may be terminated at any time by court order if all of the following apply: (1) The purpose of the EASEMENT can no longer be achieved because of a material change in circumstances,or because of a lawful application of eminent domain authority. A change in the value of the COVERED LAND,or in an owner's intended use of the COVERED LAND,does not constitute a material change in circumstances under this subsection. (2) All of the HOLDERS are fully and fairly compensated for the loss of the EASEMENT. Compensation shall include the EASEMENT purchase cost and transaction expenses incurred by the HOLDERS,plus a proportionate share of any increase in the appraised value of the COVERED LAND between the date of this EASEMENT AGREEMENT and the date on which the EASEMENT is terminated. That proportionate share shall be calculated as the increase in appraised value,multiplied by the ratio of the EASEMENT purchase cost to the total appraised value of the COVERED LAND on the date of this EASEMENT AGREEMENT. A reduction in appraised value does not affect the compensation required under this subsection. Page 6 of 11