request for council action/dakota trail easement

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' � , ltem�Od-CC Agenda-07/09/07 Dakota Rail Carridor Driveway Easement-�tssessment Hearing[Page 6 of 19J Northview Road to the Alley Access Parcels for such time that such access is consistent with GRANTOR's current and future intended use of the Corridor; WHEREAS GRANTEE wishes to make certain guarantees to GRANTOR in exchange for the grant of easement. NOW THEREFORE, GRANTOR and GRANTEE agree to the fallowing: 1. GRANTOR, in consideration of the sum of Eighty Four Thousand Eight Hundred Seventy Nine and 8�/140 Dolfars i$84,879.81), the "Cost" of this easement, and other gaod and vaivable consideration to GRANTOR from GRANTEE, receipt of which is acknowledged, grants unto GRANTEE, a nonexclusive easement for a public alley (he�einafter referred fio as "Alfey"} over that portion of the Carridor legally described on "Exhibit B" {hereinafter referred to as the "Easement Area") and depicted on "Exhibit C" for ingress and egress from the south lot lines �f the Alley Access Parcels to Northview Road for such time that such access is consistent with GRANT�R's current and future intended use of the Corridar as determined by GRANTOR in its sole discretion. Included in this grant of easement is the right to construct, maintain and sign the Alley, in such manner that does not conflict with GRANTOR's use of the Corridor as sole y detet'mined by GRANTO�i, and as limited by the terms of this easement agreement. 2. Said easement shall be limited solely to providing public access for up to seven (7} noncommercial seasonaf recreational or homesfiead single family residences, located on the Alley Access Parcels as those parcels are currently configured. The easement shall expire aufiamatically if use of the Alley Access Parcels changes. The Alley shall have a passage way of not wider than twenty-five {25) feet and shalf be located fufly within the Easement Area. Upon expiration or other termination of this easement, GRANTEE shall deliver ta GRANTOR a release af easement suitable for recordation. 3. This easement is granted with the understanding that plans for the segmant of the CorrEdor affected by this grant of easement are only preliminary. GRANTOR reserves the right without further consideratian, at GRANTEE's sole expense, upon two hundred seventy (270) days written notice from GRANTOR to GRANTEE, to terminate the easement and requira removal of any AIley improvements or ta require refocation or modifiication of the Alley, if GRANTOR determines that doing sa is necessary for implementation of alternate uses on the Corridor. Such uses shafl include, without limitation, operations, changed ope�ations or planned operations of any current or future transportation system for rail, bicycle or foot travel or any other pubfic use; and shali include, witF�out fimitation, renewal, replacement, repair, alteration or construction of firacks, bridges, culverts, thruway faciiities, structures, propert[es, facilities and appurtenances. In the event GRANTEE fails to so relocate, alter, change, or remove the Afley within two hundred seventy (270) days after notice, GRANTOR may remave, alter or refocate such Alley at GRANTEE`s expense, or terminate the easemenfi. ln the event that GRANTOR, a# GRANTOR's initiative other than as a consequence of GRANTEE default, causes the termina#ion of this easement at any time within Ten (10) years of the commencement date of this easement, GRANTOR shall reimburse GRANTEE for the Cost of this easement as folfows: GRANTOR shall pay to GRANTEE the Cost of fhis easement less ten per cent ('iD%} per year, or partiaE year, that has passed since the commencement date of tl�is easement_If 2