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, . �. . Council Eshibit �
<br /> �ST ��TD�NT TO
<br /> _ EASIlY�I' AGRE��V�NT
<br /> THIS AI�IENDMENT is made effective this 1,�� day of June, 1996, by and betwe�n
<br /> William F. Smith and 7ennifer E. Vervoort-Smith, husband and wife, whose address is 2580 Fox
<br /> Street, Orono, biinnesota(collectively, "Smith"), and Steven L. Casotti and Elizabeth J. Casotti,
<br /> husband and wife, whose address is 2550 Fox Str�t, Orono, Minnesota (collectively, "Casotti").
<br /> WF�REAS, Smith is the fee owner of cer`��.in real property located in Hennepin County
<br /> Minnesota, legally described as Lot 1, Block 1, Beau Marais ("Smith Parcel"). Casotti is the
<br /> fee owner of certa.in real property located in Hen�epin County, Minnesota, legally described as
<br /> I.ot 2, Block 1, Beau Marais ("Casotti Parcel"), znd 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 June 29, 1987, as Document No. 5290219
<br /> (the "Easement Agreement"), providing for driv�vaay access to both Parcels; and
<br /> W�REAS, Smith has submitted an applicztion to the City Council of the City of Orono
<br /> for approval of a plat of the Smith Parcel into t�-o separate residential lots, one of which will
<br /> be identified as Lot 1 of the new plat ("North S��th 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 �end the Easement Agreement to provide for
<br /> the allocation of maintenance payments and other e_�enses upon the platting of the Smith Parcel;
<br /> NOtiV, THEREFORE, in consideration of t-:e sum of One Dollar ($1.00) and other good
<br /> and valuable consideration, the receipt of which i; hereby acknowledged, 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 p12:ting of the S mith Parcel and any- driveway upgrading, curb work, or signage
<br /> required by the City of Orono in connection therewith.
<br /> 2. Fzch Lot Owner shall have one ve::, and all decisions regarding the driveway
<br /> . shall be made by a majority vote of the Lot Owne.�. If, however, one person, family, or entity
<br /> shall own more than one lot or if any two lots �.� owned by persons related to one anocher,
<br /> persons engaged in business with one another, or ii there is any other arrangement which would
<br /> g:ve or appear to give one lot owner control over tre 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.
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