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(oR RECORD AND RETURN TO: COUNTY OF ERIE BOX NO. 107 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made this day of 2026 (the “Effective Date”) between the COUNTY OF ERIE, a municipal corporation of the State of New York, having an address at 95 Franklin Street, Buffalo, New York 14202, hereinafter referred to as the “County” and/or the “Grantor,” and the Town of Aurora, a municipal corporation of the State of New York, having an address at 575 Oakwood Avenue, East Aurora, NY 14052 (hereinafter referred to as the “Town” or “Grantee’’), RECITALS: WHEREAS, the County is the owner of a certain 263 .30-acre parcel of real property situated in the Town of Aurora, County of Erie and State of New York, which currently bears SBL#201 .00- 1-46, and is more particularly described in a deed recorded in the Erie County Clerk’s Office in Liber 7718 of Deeds on Page 155, and a certain 7.20-acre parcel of real property situated in the Town of Aurora, County of Erie and State of New York, which currently bears SBL #201.00-34, and is more particularly described in a deed recorded in the Erie County Clerk’s Office in Liber 7570 of Deeds on Page 525, both of which serve the public as Emery Park, an Erie County Park (the “Park Property”); and WHEREAS,the Town desires to replace a 100-year-old culvert in Cazenovia Creek in Erie County's Emery Park; and WHEREAS, the existing culvert has shown significant signs of aging, and needs to be replaced to address safety concerns for Cornwall Road and Cazenovia Creek; and WHEREAS, the Town of Aurora is requesting a temporary construction easement to enable the removal and replacement of the culvert; (collectively, the “Work”); and WHEREAS, the Town is requesting a permanent easement upon completion of construction of the culvert for the purposes of maintaining, repairing, operating, and inspecting the culvert and associated roadway infrastructure; and WHEREAS, the proposed temporary easement will require restoration of disturbed areas to minimize impact on Emery Park; and WHEREAS, the Erie County Lands Advisory Review Committee reviewed the action under SEQRA and determined the action to be a Type II action, denoting the minimal environmental impact; and WHEREAS, the Erie County Lands Advisory Review Committee reviewed and approved the temporary and permanent easements; and WHEREAS, the Erie County Legislature subsequently reviewed the proposed action under SEQRA and concurred with the Erie County Lands Advisory Review Committee's assessment of the