Laserfiche WebLink
distance of 12.00 feet to said northerly line of Lot 2; thence North 75 degrees 07 minutes <br />East along said Northerly line to the point of beginning. <br />4. Encumbrances. Dudley, and their heirs and assigns, shall not suffer or permit anything <br />to be done that will cause Peters, or his heirs and assigns, to become encumbered by any <br />mechanic's lien or similar lien, charge or claim. If any mechanic's lien or similar charge or <br />claim is filed against Peters Parcel, due to Dudley's, or their heirs and assigns, alleged request <br />for labor or materials, Dudley, or their heirs and assigns, shall immediately discharge the same of <br />record by a release or bond within thirty (30) days or as soon as practicable after the filing of any <br />notice of such lien, claim or other charge. <br />5. Maintenance. Dudley, and their heirs and assigns, shall be responsible for all costs of <br />repairing, replacing and/or maintaining the Reformed Easement and all improvements thereon. <br />All such construction, repair, replacement or maintenance shall conform to the use of the <br />easement area as a patio. <br />6. Events of Termination. Notwithstanding anything in this Agreement to the contrary, the <br />Reformed Easement shall terminate only upon the first to occur of the following: <br />6.1 the stone paving, brick barbeque and steps are removed and not replaced; <br />6.2 Dudley, or their heirs and assigns, no longer uses the Reformed Easement area as <br />a patio; For the purpose of this condition of termination (6.2), the word "uses" is defined <br />to mean the occupation of any part of the easement area by Dudley, or their heirs or the <br />assigns or guests on at least one occasion within a 24 month continuous period or if patio <br />furniture such as a table or a chair is present on any part of the easement area for at least <br />2 weeks during a 24 month period; <br />6.3 failure of Dudley, or their heirs and assigns, to remove or remedy the cause of any <br />mechanic's lien or similar lien, charge or claim and such failure of performance shall <br />continue for a period of thirty (30) days after delivery of written notice to Dudley, by <br />certified mail, specifying such failure; and <br />Upon the occurrence of an uncontested Event of Termination or a finding that termination is <br />awarded pursuant to Section 7, Dudley, their heirs and assignees, at their sole cost and expense <br />shall file a "Declaration of Termination of Easement" in the office of the Hennepin County <br />Registrar of Titles. Upon such filing, the Reformed Easement and this Agreement shall be <br />immediately void and have no further force or effect. In addition, upon to occurrence of an <br />uncontested Event of Termination or a finding that termination is awarded pursuant to Section 7, <br />Dudley, their heirs and assigns, at their sole cost and expense shall remove all improvements on <br />and within the Reformed Easement, and restore the land to a natural sodded condition. Dudley, <br />and their heirs and assigns, hereby irrevocably constitutes Peters, or his heirs and assigns, as their <br />attorney in fact for the limited purpose to execute such Declaration in Dudley's (or their heirs' <br />and assign's) name, place and stead in the event of an uncontested Termination or a finding that <br />termination is awarded pursuant to Section 7 and Dudley, or their heirs and assigns, should fail to