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4. Grantee desires to obtain from Grantor, and Grantor desires to dedicate to Grantee <br /> that portion of the Grantor Property where the roundabout was or will be constructed, for <br /> Grantee to own and maintain as a public right of way. <br /> AGREEMENT <br /> 1. Public Dedication. For and in consideration of mutual benefit and other good and <br /> valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor <br /> hereby dedicates, conveys and quitclaims to Grantee, for a public right of way, all of Grantor's <br /> interest in the real property legally described in Exhibit B and depicted on the map attached as <br /> Exhibit C. <br /> 2. BindingEffect. This Dedication is binding on and shall inure to the benefit of <br /> Grantee, Grantor, and their successors and assigns. <br /> 3. No Additional Work Required by Grantor. Grantee shall not require Grantor to <br /> repair or improve the real property legally described in Exhibit B and depicted on the map <br /> attached as Exhibit C to meet any current design requirements and accepts the property"as is" <br /> and"where is" and without warranty. Grantor shall not be responsible for payment of any fees <br /> for local or special improvement districts. <br /> 4. Entire Understanding. This Dedication, and the documents incorporated herein, <br /> embody the entire agreement among the parties with relation to the transaction contemplated <br /> hereby. There have been and are no covenants, agreements, representations,warranties or <br /> restrictions among the parties with regard thereto other than those set forth herein or for which <br /> there has been no provision made herein. The provisions of this Dedication cannot be waived <br /> except by the written agreement of the party against whom a waiver shall be asserted. <br /> [Signatures on following pages] <br />