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Council Exhibit F
<br />FIRST AMENDMENT TO
<br />EASEMENT AGREEMENT
<br />THIS AMENDMEOT is made effective thislf^ day of June, 1996, by and between
<br />William F. Smith and Jenmfer E. Vervoort-Smith, husband and wife, whose address is 2580 Fox
<br />Street, Otono, Minnesota (collectively, "Smith*), and Steven L. Casotti and Elizabeth J. Casotti,
<br />husband and wife, whose address is 2550 Fox Street, Orono, Minnesota (coUectively, "Casotti").
<br />WHEREAS, Smith is the fee owner of certain real prqierty located in Hennepin County,
<br />Minnesota, legaUy described as Lot 1, Block 1, Beau Marais ("Smith Parcel"). Casotti is the
<br />fee owner of certain real property located in Hennepin County, Minnesota, legally described as
<br />Lot 2, Block 1, Beau Marais ("Casotti Parcel"), and located adjacent to the Smith Parcel; and
<br />WHEREAS, the Smith Parcel and the Casotti Parcel are subject to an Easement
<br />Agreement dated June 24,1987, and filed for record June 29,1987, as Document No. 5290219
<br />(the "Easement Agreement"), providing for driveway access to both Parcels; and
<br />WHEREAS, Smith has submitted an application to the City Council of the City of Orono
<br />for approval of a plat of the Smith Parcel into two separate residential lots, one of which will
<br />be identified as Lot 1 of the new plat ("North Smith Parcel"), and the other of which will be
<br />identified as Lot 2 of the new plat ("South Smith Parcel"). The owners of the North Smith
<br />Parcel, the South Smith Parcel, and the Casotti Parcel shall be coUectively known as "Lot
<br />Owners"; and
<br />WHEREAS, Smith and Casotti desire to amend the Easement Agreement to provide for
<br />the allocation of maintenance payments and other expenses upon the platting of the Smith Parcel;
<br />NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
<br />and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as
<br />foUows:
<br />1. Smith shall be solely responsible for aU costs, expenses, and fees payable as a
<br />result of the platting of the Smith Parcel and any driveway upgrading, curb work, or signage
<br />required by the City of Orono in connection therewith.
<br />2. Each Lot Owner shaU have one vote, and aU decisions regarding the driveway
<br />shaU be made by a majority vote of the Lot Owners. If, however, one person, fiunily, or entity
<br />shaU own more than one lot or if any two lots are owned by persons rdated to one another,
<br />persons engaged in business with one another, or if there is any other arrangement which would
<br />give or appear to give one lot owner control over the decisions of another lot owner, then such
<br />Lot Owners shall collectively have only one vote, irrespective of the number of lots owned by
<br />them.
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