Tract II Roadway. The Tract II Owner hereby grants to and reserves for the benefit of all present and future owners of Tract I and Tract II for their respective use and the use of their respective lessees, sublessees, mortgagees, successors, assigns, guests, patrons, customers, agents, employees, licensees and invitees, a perpetual non-exclusive easement and right-of-way for pedestrian and vehicular traffic over and upon a certain portion of Tract II, as particularly described in Exhibit C hereto (the “Tract II Roadway”) and depicted on the abstract from the site plan of Tract II prepared by morrisonseifertmurphy dated ___, 1999 (the “Site Plan”), a copy of which is attached hereto as Exhibit D. In its capacity as owner of Tract II, the Tract II Owner reserves, for itself and for future owners of Tract II, (i) all rights in and to the Tract II Roadway (including without limitations subsurface, surface and air rights), the exercise of which do not unreasonably interfere with the easement herein granted in and to the Tract II Roadway, and (ii) the right to relocate, widen or expand, at the sole cost and expense of the owner or owners of Tract II, all or any portion of the Tract II Roadway, provided that no such relocation, widening or expansion shall affect access provided by the Tract II Roadway to Midway Road or access from the Tract II Roadway to Tract I. The easement granted hereby shall automatically apply to the Tract II Roadway as the same may be relocated, widened or expanded; provided, however, that upon the request of any Owner, the Tract I Owner and Tract II Owner shall enter into a written agreement in recordable form confirming the easement as relocated, widened or expanded.
