17 Existing and Proposed Easements or Dedications

oss the hereinbefore described lands of Grantor; with full rights, privileges and authority for Grantee to enter upon same from time to time, WITHOUT NOTICE to' Grantor, for the purpose of inspecting, locating„relocating, installing, altering, extending,'constructing,- repairing; replacing, rebuilding, removing and perpetually operitting, maintaining and using wires, cables, conduits, ducts, pipes, service pedesta:s and other fixtures, appurtenances and facilities which Grantee may, in their exclusive discretion and sole judgment, deem necessary or proper for communication services; together with such free and unlimited access'to; egress and ingress in, from and over all points of said Easement Area, WITHOUT NOTICE to Grantor, as is reasonable or necessary • for the full use, occupancy and enjoyment of said Easement. This conveyance is more specifically to install, maintain and replace a concrete slab, a metal cabinet, underground.conduit and cable for communication service.

(0365B, pgs. 421 SECOND: Said Easement Area shall be more particularly described as: set forth on Schedule "A" the metes and bounds description and Schedule "B" a map of said Easement Area. MIRA: Grantor generally warrants the riabts, privileges and authority herein granted and conveyed and does further warrant that Grantee shall have quiet possession of the within Easement, free from all claims and encumbrances; and Grantor will execute and deliver to Grantee such further documents and assurances that may become necessary in connection therewith. . MUM: Grantor does further grant and convey to Grantee, the right, privilege and authority to trim, cut and remove, WITH REASONABLE NOTICE to Grantor, such tree branches, roots, shrubs, plants, trees and vegetation which might, within the exclusive discretion and sole judgment of Grantee, interfere or -threaten the safe, proper or convenient use, maintenance or operation of the communication facilities within the Easement Area. MIR: Grantor shall have the right to use, occupy and enjoy the surface and air space above the Easement Area for any purpose which does not, within the exclusive discretion.and sole judgment of Grantee, interfere or threaten the safe, proper or convenient use, occupancy or enjoyment of same by Grantee; except that Grantor shall not construct, place or permit any buildings, fences, pavement or other structures or improvements in, on, over, under, through or across the Easement Area, without' first obtaining the written approval of the Grantee. SIXTH. Grantee shall perform all work in connection with the rights, privileges and authority herein granted and conveyed in a workmanlike manner and with a minimum of inconvenience to the Grantor; and any damage done to the. land or premises of Grantor shall be promptly -repaired and restored to its condition immediately prior to damage, at the sole cost and expense of the Grantee proximately causing such damage. • . SEMIH: The agreements, conditions, covenants and promises herein contained are intended to be covenants running with the land. MUM: This -Indenture shall inure to the benefit.of and.be binding upon the Grantor and all Grantees named herein, upon acceptance•of same by such Grantees, regardless of failure to execute by any one or more Grantees; and shall be further binding on the heirs, successors in interest and assigns of the Grantor

in, upon acceptance•of same by such Grantees, regardless of failure to execute by any one or more Grantees; and shall be further binding on the heirs, successors in interest and assigns of the Grantor and each Grantee. -• • NINTHGrantor further agrees to plant and perpetually maintain a natural screen of shrubs on the rear and two sides of the Easement Area. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed and sealed the day and year first above written. ATTEST: ) By tie4.1141.214‘44' Beatrice Diener General Partner taktile/ikt. 0,r{•(/ /l) Lawrence Diener Secretary — 2 —

BK 5I20PG 286 CASEY & KELLER, Ible. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 815 WEST MT.PLEASANT AVENUE•LIWWWIllak NEw JERSEY 07039•(201)9924288• FAX 9924026 4 'February. 12. 1990 Description of: New Jersey. Bell . Easement #114-69-50 Lot #5 Blodk 0157 Township of West Orange • Essex County, New Jersey BEGINNING at.a point, in the northerly.side of. Mount Pleasant Avenue (formerly known as the Newark and Haunt Pleasant Turnpike) therein distant westerly 265.70 ft. from ehe intetsection of the same with.the westerly.Ode,of ,. • Mount Pleasant Place, said beginning point being also'the sonthwepterly 'corner.of landa,now-or formerly of Frederidk'A. Fulton.' . . . thence (1) Along said side of Mount Pleasane.Avenue'N 67 deg. 09 min. W . 10.00 ft.; . .. . . '. .. . . thence (2). N 19 d s eg..36.min. E 10.00 ft: . .. . . thence ( 3) S 67 deg. 09 min. E 10.09 ft. to the westerly line of lands of Fulton; . 1, •gs • % thence {4) along said lands of Fulton S 19 deg. 36 min. W 10.00 ft. to the northerly side of Mount Pleasant Avenue and the point or place of BEGINNING. 1 Containing 100.00 Sq. Ft. •1 • :' ) •• • L... I . ' ,,,.................................................

CASEY & KELLER, INC. ENGINEERS. PLANNERS 258 MAIN STREET MILLBURN.N.J.07041 (201)379-3280 FAX 12011379-7993 & LAND SURVEYORS 613 W.MT.PLEASANT AVENUE LIVINGSTON.N.J.07039 (2011 992-2288 FAX(201)992-3626 MAP OF PROPERTY SITUATED tr.,,trays;40 47.44:4•14e2teVegre,iae ...44,1,1-/J . 4 0,71E- cuer."/P 7,9/NAP a,e- 7*. *-364/-5.44e2 . A.Ars-t - A:444/4-A - 1 cS) "*. \ Arib ; , 7L2 /yo edz...70.e .s . • • oaro col-ce.g9w7-Z•eo MOUNT PLEASANT .10 AVENUE co T1118 81.1RVEY18CER11RED WU .% 71118 ylairi:2rez.zt,516apre66;4/7.4:20 ScP.Ail" • -1•,) •• SURVEY NO.. FIELD BOOKg4.70.S.7./a2... ,1e VC) 1 03 'Up 7 MAP NO. el-I/SA SCALE 1" ,''''''''''''''' ,.% • i‘ , H. KELLER DATE N.J. 1.2/ 0.4 8 i N.J. P.P. REG.* 747

EXHIBIT D

/tK 55 2 P0 014 5 1.e/A DEED OF EASEMENT Date Parties 19if4between This deed is made on (Seller) Diener Mt.Pleasant Associates,LTD.,a NJ Limited Partnership Address: 28 Millburn Avenue,Springfield,NJ 07081 Grantor Grantor and Grantee (Bayer) Address STATE OF NEW JERSEY,DEPARTMENT OF TRANSPORTATION,CN616 1035 Parkway Avenue,Trenton,NJ 08625 0616 Grantee (The words "Grantor" and Grantee" include all Grantors and all Grantees under this Deed.) Consideration In return for the payment to Grantor by the Grantee the sum of Four Thousand Four Hundred Dollars($4,400.00) Conveyance Description of Land The Grantor grants and coveysto the Grantee an easement over and across the property of Grantor located in the Township of West Orange County of Essex and State of New Jersey,specifically described astollows: SEE SCHEDULE "A" ATTACHED The Grantor retains all other rights to use the Property,which is subject to the easement,for a legal purpose not inconsistent,contrary or in conflict with the terms of this easement as described in Schedule "A".Maintenance ofthe Property,which is subject to the easement,shall remain the obligation ofthe Grantor except to the extent stated otherwise Schedule "A" This Deed was prepared for the State by Gil oth COUNTY OF ESSEX CoNSW:uncN 0.1'6104 • REMY 'RANSIL1 ay •Af

BK 55 7 2 Po 0114 6 SCREOULR "A" of All that certain land and premises,situate, lying and being in the•Township West Orange.in the County of Essex and Slate of New Jersey and more pasticularly'describeci as follots: PARCEL E510, as indicated on a map entitled: "NEW JERSEY DEPARTMENT OF TRANSPORTATION, GENERAL PROPERTY PARCEL MAP, REPLACEMENT OF MOUNT PLEASANT PLACE BRIDGE OVER WEST BRANCH OF RAILWAY RIVER, Showing Existing Right Of.Way And Parcel To Be Acquired In The Township Of West Orange, County Of Essex, November, 1997"; and as shown more particularly on a map attached hereto, . made a part hereof, marked "Exhibit B", Entitled: " NEW JERSEY DEPARTMENT OF TRANSPORTATION,REPLACEMENT OF MT.PLEASANT PLACE BRIDGE OVER WEST .,BRANCH.OF R9salWA*IUVEJt,-.PARCE1351E51'0; TOWNSHIP'4OF WEST!'ORANGE ...• • COUNTY OF ESSEX,NOVEMBER*10;1997";''' • • • 1" '• Parcel E510.consisting of the right to construct and maintain a road, bridge, wingwall and appurtenances across lands of the owner, as shows on the aforesaid map; at about station 10+012 (Base Line Stationing); Being also known as part of Lot 5 in Block 157 on the tax map of the Township of West Orange; .--TCiGETHER aforesaid map; ilioigh on die The above described premises arc color coded on "Exhibit B" in the following manner: Easement Area mul Brown...Temporary Construction : BEING ALSO known as part ofLot 5 in Block 157 on the tax map ofthe Township of West Orange in the County ofEssex. .

General 5014(M1.Pleasant Place Btidge)-PaitellIS10 Project 13.11Z 0722(102) DEED Diener Mt Fkaszobtagelaters,LTD a NJlimited Partneritslp TO THE STATE OF NEW JERSEY • Gonad No.5014 County Encer Record and Return to: NEW JERSEY DEPAR1311017'OF TRAMPORTATION 1035PARKWAYAMIN TRENTON.NEW ARMY 08625 17772 BMW CN 616 I

ex5572Po011413Grantees Acts The Grantor has done no act to encumber the easement. covenant or promise means that the Grantor has not done anything to effect the rights granted to the State under the terms ofthe easement such as,for example,giving a mortgage or granting a conflicting easaaent). Receipt of Consideration The Grantor acknowledges receipt of full payment,due under the terms ofthe contract,for the property and acknowledges it to be sufficient and proper consideration for the transfer ofthe ownership Signature The Grantor signs this Deed on the BM date above. Diener Mt.Pleasant Associates LTD Signed,and delivered in the presence oh 1,atuomte. Lawrence Diener,Managing Partner Jaw • %am? STATIMI* $1•5' JERSEY COUNTY oF8ersei4 ) 19g. I CERTIFY,that on $4plk al 12( , Lawrence Diener,Managing Partner of Diener Mt.Pleasant Associates,LTD and acknowledged under oath,to my satisfaction,that this person(or ifmore than one,each person): (D)'is named in and personally signed this Deed; (b) signed and delivered this deed as his or her act and deed; and • (c) made this Deed or $4,400.00 as the full and actual consideration paid or to be paid for the transfer oftitle. (Such consideration is defined hi N.J.S.A.46:156.) ihiva_Ck) d,.. r•loou ra: • 44 0. N., 14144.yr2.114, Pub...SIM K0.2047485 Nati, 0. "ViE yquoi diem: adislon Eattres.havA -