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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />easement agreement <br />Ocfol'UA v'f’’ r <br />THIS AGREEMENT is made as of ^ » 1987, by <br />and between Woodhill Country Club, a Minnesota nonprofit <br />corporation ("Woodhill"), and MSM Associates, a Minnesota general <br />partnership ("MSM"), and the City of Orono, a municipal <br />corporation under the laws of the State of Minnesota ("the <br />City" ). <br />RECITALS: <br />A. By warranty deed of even date herewith Woodhill <br />has conveyed to MSM Lot 3, Bloc)^ 1, Woodhill Ridge ( Lot 3 ). <br />Woodhill has also deeded to MSM a non-exclusive driveway easement <br />for the benefit of Lot 3 over certain property contiguous to Lot <br />3 and over the private driveway easement commonly )?nown as <br />Woodhill Road. <br />B. Woodhill Road provides access to County Road No. <br />15 after crossing the railroad right-of-way now owned by Da)cota <br />Rail, Inc. (the "right-of-way"). <br />C. Woodhill has no record title to an easement or <br />other right to cross the right-of-way. However, Woodhill does <br />own certain property lying between Woodhill Road and Woodhill <br />Avenue, a public street, which property is legally described as <br />the Southwest 1/4 of the Northeast 1/4 of Section 2, Township <br />117, Range 23, Hennepin County, Minnesota, and which property can <br />be used to provide an alternative w’ay of access to public roads <br />for the benefit of Lot 3. (The property described herein is <br />hereinafter referred to as the "Easement Property".) <br />D. Access to Woodhill Avenue from the Easement <br />Prcoertv is oreser.tlv obstructed bv a barrier placed on Woodhill <br />Avenue by or with the permission of the City. <br />E. Woodhill is willing to grant MSM, for the benefit <br />certain easement rights over the Easement Property, so <br />as to orcvide Lot 3 access from Woodhill Road to Woodhill Avenue. <br />—-t 3. <br />XT <br />A •Woodhill and the City are both willing to cause <br />the removal of any obstruction located on Woodhill Avenue or on <br />the Easement Property that prevents or impedes access to Woodhill <br />Avenue from the Easement Property upon the closing or denial of <br />Lot 3's right to use the access to County Road No. 15 over the <br />right-of-way by the owner thereof. <br />NOW, THEREFORE, in consideration of the foregoing <br />premises and other good and valuable consideration, the receipt <br />and sufficiency of which the parties hereby aclcnowledge, the <br />parties hereby agree as follows: