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l <br />THIS .AGREEMENT is made on , 1990, by VCI Capital, <br />Inc., a Minnesota corporation ("VCI"), and John D. McDowell <br />("McDowell"). <br />WITNESSETH: <br />WHEREAS, VCI is the fee owner of certain real property in <br />Hennepin County, Minnesota, legally described as follows (and <br />hereinafter referred to as "Parcel A"): <br />The West 1/2 of the Northeast Quarter of the Northeast Quarter <br />of Section 6, Township 117, Range 23. <br />WHEREAS, McDowell is the fee owner of certain real property in <br />Hennepin County, Minnesota, legally described as follows (and <br />hereinafter referred to as "Parcel B"): <br />Lots 2 and 3, Block 1, Bayside Ridge. <br />WHEREAS, the parties desire to establish certain rights of <br />access across part of Parcel A for the benefit of Parcel B, and to <br />memorialize their understandings regarding driveway maintenance and <br />-epair obligations. <br />NOW, THEREFORE, in consideration of t:ie premises and the <br />mutual promises and covenants herein contained, the parties agree <br />as follows: <br />1. VCI hereby grants to McDowell a perpetual, nonexclusive, <br />private driveway easement, appurtenant to Parcel B, over and across <br />that part of Parcel A described as follows (and hereinafter <br />referred to as the "Easement Area"): <br />That part of the West 1/2 of the Northeast Quarter of the <br />Northeast Quarter of Section 6, Township 117, Range 23, lying <br />Southerly of County Road No. 84 and 15 feet on each side of <br />the following described centerline: Beginning at a point on <br />the South line of said Northeast Quarter of the Northeast <br />Quarter distant 281.82 feet Easterly of the Southwest corner <br />thereof; thence Northerly to a point on the Southerly right of <br />way line of County Road No. 84 distant 220 feet Northwesterly <br />from the int^rsection of said riyht of way line with the South <br />line of said Northeast Quarter of the Northeast Quarter, and <br />said line there terminating. <br />2. McDowell may use the Easement Area only for the purpose <br />of vehicular and pedcstrian access to two single-family residences <br />which may hereafter be constructed on Parcel B. <br />3. McDowell shall be exclusively responsible for clearing <br />