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, . ' " �� [._...-- � r(��`��'�94�r l�.l_� .,. ...� / . <br /> . , � �t..�� f q f <br /> � . , � �, t <br /> ���11���E� �� I ���� <br /> HENNEPIN COUNTY TAXPAYER SERVICESS <br /> NOV � J 20� <br /> � <br /> ' H PIN CQII ' <br /> �, ��� ,' <br /> L � <br /> / � <br /> I � <br /> Agreement No. 73-37379 <br /> ALLEY EASEMENT AGREEMENT <br /> THIS EASEMENT AGREEMENT made on this �� i � day of �-�.�,�j,`S t , <br /> 20�, by and between the Hennepin County Regional Railroad Authority (HCRRA), a political <br /> subdivision and local government unit, under the laws of the State of Minnesota (hereinafter <br /> referred to as "GRANTOR"), and the City of Orono, a municipal corporation under the laws of <br /> the State of Minnesota, (hereinafter referred to as "GRANTEE"). <br /> WITNESSETH: <br /> WHEREAS, GRANTOR is the owner of certain right of way (by fee, easement, ficense, <br /> joint use agreement, governmental grant or other interest) located in the County of Hennepin, <br /> State of Minnesota, commonly referred to as the Dakota Rail Corridor (hereinafter referred to as <br /> "Corridor"), formerly owned by the Burlington Northern Railroad Company and Dakota Rail, Inc.; <br /> WHEREAS, GRANTOR acquired the Corridor for transportation purposes, including <br /> without limitation, rail, bus, bicycle and foot travel, for the location of communication facilities, <br /> including fiber optics lines, and for other future transportation uses; <br /> WHEREAS, GRANTEE maintains that certain public roadway, generally known as Crystal <br /> Bay Road located in the City of Orono. Crystal Bay Road connects to that certain public <br /> roadway in the City of the Village of Minnetonka Beach generally known as Northview Road. <br /> Both public roadways are located in the vicinity of the Corridor. <br /> WHEREAS, Seven (7) single family residences are located in the City of Orono facing <br /> �rystai Bay Roaci to tne north and the Corridor to the south on those certain parcels of land <br /> legally described in Exhibit A (hereinafter referred to as "Alley Access Parcels"). Traffic from <br /> the south lot lines of the Alley Access Parcels currently access Northview Road by encroaching <br /> upon a portion of GRANTOR's Corridor that runs upon and is parallel to the Corridor. <br /> WHEREAS, GRANTEE has requested and GRANTOR has agreed to grant to GRANTEE a <br /> nonexclusive public alley easement over that portion of the Corridor legally described on <br /> "Exhibit B" (hereinafter referred to as the "Easement Area") for ingress and egress from <br /> 1 <br />