|
FIRST AMENDMENT TO
<br /> EASEMENT AGREEMENT
<br /> THIS AMENDMENT is made effective this l¢� day of June, 1996, by and between
<br /> William F. Smith and Jennifer E. Vervoort-Smith, husband and wife, whose address is 2580 Fox
<br /> Street, Orono, Minnesota (collectively, "Smith"), and Steven L. Casotti and Elizabeth J. Casotti,
<br /> husband and wife, whose address is 2550 Fox Street, Orono, Minnesota(collectively, "Casotti").
<br /> WHEREAS, Smith is the fee owner of certain real property located in Hennepin County,
<br /> Minnesota, legally described as Lot 1, Block l, Beau Marais ("Smith Parcel"). Casotti is the
<br /> fee owner of certain real property located in Hennepin County, Minnesota, legally described as
<br /> Lot 2, Block 1, Beau Marais ("Casotti Parcel"), and located adjacent to the Smith Parcel; and
<br /> WHEREAS, the Smith Parcel and the Casotti Parcel are subject to an Easement
<br /> Agreement dated June 24, 1987, and filed for record 7une 29, 1987, as Document No. 5290219
<br /> (the "Easement Agreement"), providing for driveway access to both Parcels; and
<br /> WHEREAS, Smith has submitted an application to the City Council of the City of Orono
<br /> for approval of a plat of the Smith Parcel into two separate residential lots, one of which will
<br /> be identified as Lot 1 of the new plat ("North Smith Parcel"), and the other of which will be
<br /> identified as Lot 2 of the new plat ("South Smith Parcel"). The owners of the North Smith
<br /> Parcel, the South Smith Parcel, and the Casotti Parcel shall be collectively known as "Lot
<br /> Owners"; and
<br /> WHEREAS, Smith and Casotti desire to amend the Easement Agreement to provide for
<br /> the allocation of maintenance payments and other expenses upon the platting of the Smith Parcel;
<br /> NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
<br /> and valuable consideration, the receipt of which is hereby acknowlerlgetl, the parties agree as
<br /> follows:
<br /> 1. Smith shall be solely responsible for all costs, expenses, and fees payable as a
<br /> result of the platting of the Smith Parcel and any driveway upgrading, curb work, or signage
<br /> required by the City of Orono in connection therewith.
<br /> 2. Each Lot Owner shall have one vote, and all decisions regarding the driveway
<br /> shall be made by a majority vote of the Lot Owners. If, however, one person, family, or entity
<br /> shall own more than one lot or if any two lots are owned by persons related to one another,
<br /> persons engaged in business with one another, or if there is any other arrangement which would
<br /> give or appear to give one lot owner control over the decisions of another lot owner, then such
<br /> Lot Owners shall collectively have only one vote, irrespective of the number of lots owned by
<br /> them.
<br /> C�� � �
<br /> � -
<br />
|