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' , � , Item R04-CC Agenda-07/09/07 <br /> " Dakota Rail Corridor Driveway Easement-Assessment Hearing[Page 5 of!9J <br /> Agreement No. 73-37379 <br /> ALLEY EASEMENT AGREEMENT <br /> TH1S EASEMENT AGREEMENT made an this day of , <br /> 2Q , 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 "GRANT�R"}, and the City of Orono, a municipal corporation under tf�e (aws of <br /> the State af Minnesota, (hereinafter referred fio as "GRANTEE"). <br /> WITNESSETH: <br /> WHEREAS, GRANTOR is the owner of certain right of way (by fee, easement, license, <br /> joint use agreement, governmental grant or ofiher interest) located in the County of Hennepin, <br /> State of Minnesota, commonly referred to as the Dakota Rail Carridor (herernafter referred ta as <br /> "Corridor"), formerly owned by the Burlington Northern Railroad Company anci Dakata Rail, Inc.; <br /> WHEREAS, GRANTOR acquired the Corri�ior for transportation purposes, including <br /> without limitation, rail, bus, bicycle and foot travel, for the location of communication facifities, <br /> including fiber aptics fines, and for other future transportation uses; <br /> WHEREAS, GRANTEE maintains that certain public roadway, generally known as Crysfial <br /> Bay Road locafied in �the City of Orono. Crystal Bay Road connects to that certain public <br /> raadway in the Crty af the Village of Minnetonka Beach generally known as Northview Raad. <br /> Both pubfic raadways are located in the vicinity of the Corridor, <br /> WHEREAS, Seven (7) single family residences are ]ocated in the City of Orono facing <br /> Crystal Bay Raad to the north ancf the Corridor to the south on those certain parcels af land <br /> Iegally described in Exhibit A (hereinafter referred ta as "Aliey Access Parcels"}. Traffic from <br /> the south lot fines of the Alley Access Parcels currently access Northview Road by encroaching <br /> upon a portion of GRANTOR's Corridar that runs upon and is parallel fio the Corridor. <br /> WHEREAS, GRANTEE has r�quested and GRANTOR has agreed to grant to GRANTEE a <br /> nonexclusive public alley easement over fihat portion of the Corridor iegally described on <br /> "Exhibit B" {}�ereinafter referred to as the "Easement Area") for ingress and egress from <br /> 1 <br />