01-11-1999 Council Packet - Laserfiche WebLink

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m ^ ^2S33482 COMMON DRIVEWAY EASEMENT AGREEMENT I wife (^Ottcn 0 and Sidney B. Rebers and Barbara Rebers, husband and wife (“Rebers”). RECITALS ifsaily descnb^ as Outlet E, Sugar Woods, except that part shown as Parcel 342A on Minnesota of Transportation Right-ofAVay Plat No. 27-70. covered by Certificate of Title Mo 842455 (“Rebers Parcel”). -------------------------- A->-r 0 s;: < O Is u<fi iJ c<ss r a- T r: CP d ti 0 \o Cor Cl “t"------Rebers wish to construct and maintain a driveway on a portion of the Otten Parcel/and on that portion of \^esota Department of Transportation Right-of-Way Plat No. 27-51 recorded wim the Hennepin County Registrar of Titles Office as Document No. 2451344, that is identified ^Parcel No. 243 A (the “Road Parcel”) and Otten wishes to permit siKdi construction and benefit from such driveway. This driveway will serve the Otten Parcel and the Rebers ParceL ^ consideration of the Recitals (which are incorporated herein), one dollar and other good and valuable consideration, the parties agree as follows; ]• Gam of Easement Otten hereby grants Rebers a non-exclusive, appurtenant easement ( e ^ Easement ) over that p>ortion of the Otten Parcel described on Exhibit A attached hereto and incorporated herein (the “Easement Area”) for the construction and maintenance of a driveway for pedestrian and vehicular access between U. S. Highway 12 and the Rebers Parcel as depicted on E.xhibit B attached hereto and incorporated herein (the “Driveway”) and for such access over such driveway. Exhibit B hereto is a sketch and does not purport to be a precise surv'ey of *e Element,Ajea^. If.i;her^^s^4nyjdiscrepancyJbetween.Exhibits-A.and B,.ExhibitA__ shall control. This Agreement does not dedicate the Easement Area for public use or give the pubUc any rights in the Easement Area. Notwithstanding the foregoing, the parties hereto agree that Rebem and/or Rebers successors and assigns intend to use the Easement Area for commercid access purposes and that the employees, agents, contractors, customers and invitees will be entitled to access the Rebers Parcel over the Easement Area. ^ . Ttnns of Element- The term of the Easement CTerm”) shall commence on the date on which Rebers has both: (a) obtained Ottens’ approval of the Plans (as defined in Section 3 hereof); and (b) recorded the Permit (as defined in Section 4 hereof) and it shall automatically tenninaie on the date on which there is no current and valid Permit of record with the Registrar of Titles' Office, provided that if no initial Permit is recorded by December 31,1997, this Agreement shall automatically terminate and be of no further force and effect IJSI95SDI EXHIBIT A