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� , , . � Item#04-CC Agenda-07/09/07 <br /> Dakota Rail Corridor Driveway Easement-Assessment Hearing[Page 9 of 19J <br /> damages sustained by GRANTEE in connection therewith. GRANTEE afso accepts such <br /> Easement Area subject to rights of any party, including GRANTOR, in and to any roadways, <br /> easements, ieases and permits, whether granted, at GRANT�R`s sale discretion, either prior to <br /> or after the date of this Easement Agreement except that any subsequent grant shall not <br /> unreasanably interfere with GRANTEE'S use o# the Easement Area. <br /> GRANTEE agrees to provide to GRANTOR or other tenants of GRANTOR access over <br /> across, and thraugh the Easement Area shouid such access be deemed necessary by <br /> GRANTOR. GRANTEE accepts said Easement Area subject to the right of GRANTOR, its <br /> employees, agents, permittees, lessees, and contractors when reasonabiy necessary to wa�ic <br /> upon said Easement Area to repair adjacent property and the right of GRANTOR, its employees, <br /> agents, permittees, lessees, and cantractars to temporarily place equipment upon the property <br /> when reasonably necessary for the purpase of maintaining, repairing, inspecting or constructing <br /> upon GRANTOR's property. <br /> 13. It is mutually understood and agreed that this instrument covers all the agreements <br /> and stipulations between the parties and that no representation or statements, verbal or written, <br /> have been made modifying, adciing to or changing the terms hereof. <br /> 14. The terms af this agreement are subject to the rights of the State of Minnesota <br /> contained in Agreement between Hennepin, Carver and McLeod County Regional Railroad <br /> Authorities and the State of Minnesota dated December 23, 2002 (MnDot Agreement No, <br /> 84001 , HCRRA No. A06072) and Martgage of Hennepin County Regional Railroad Autharity to <br /> the State of Minnesata (HCRRA No. A06062) dated November 14, 2002. <br /> 15. This easement agreement and the rights and obligations of GRANTEE contained <br /> herein shall nat be assigned to or assumed by others without the express written cansent of <br /> GRANTOR. <br /> This instrument is exempt from the Minnesota Deed Tax. <br /> THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLARIK <br /> 5 <br />