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June 5, 2007 <br /> Page 3 <br /> of 938.3 ft. a distance of 199.3 feet; thence southwesterly on a line <br /> tangent to last described curve a distance of 45.5 feet; thence <br /> southwesterly on a tangential curve to the right with a radius of <br /> 195.2 feet a distance of 69.1 feet; thence southwesterly on a <br /> tangential curve to the left with a radius of 70.2 feet a distance of <br /> 55.1 feet; thence southerly on a line tangent to last described curve <br /> a distance of 15.3 feet to a point in the North line of the premises <br /> hereinabove described at (1) as excluded from sale, and there <br /> terminating. The said easement hereby reserved is not exclusive to <br /> first parties, and is for road purposes from the tra�t described at (1) <br /> above as excluded from sale, to County Road No. 51 as now or <br /> hereafter located. It is agreed that second party shall maintain said <br /> existing private driveway in a reasonable state of repair and that <br /> second partv shall have the right upon written notice qiven three <br /> months prior thereto to first parties to close off said existinq private <br /> drivewav hereinabove described, in which event first parties shall <br /> have and be entitled to an easement for right-of-way for road <br /> purposes over a strip of land twenty (20) feet in width along and <br /> adjoining the Westerly line of the right-of-way of the Great Northern <br /> Railroad. In the event of the closing of said existing private <br /> driveway by second party, at which time first parties' right to the <br /> new easement for right-of-way purposes shall arise, there shall be <br /> no obligation on second party to prepare said twenty (20) foot strip <br /> for use for road purposes or to maintain said strip or roadway in <br /> repair, unless second party or second party's tenants shall use said <br /> roadway, in which event, second party shall bear one-half (1/2) of <br /> the expenses of preparing and maintaining said roadway for use. <br /> (Emphasis added.) <br /> A survey showing the Ringer Property outlined in red, with the existing driveway <br /> easement shown in green, and the area to which the easement can be relocated shown <br /> in blue, is enclosed for reference. While the width of the existing driveway easement is <br /> not stated, other than by reference to the "existing private driveway," it appears from the <br /> survey that the existing driveway is narrower than 20 feet. Ultimately, that is the width <br /> that controls, for at any time, the Steinhafels, as the successors of the "second party," <br /> may close the driveway, and limit driveway access to the 20-foot strip adjoining the <br /> railroad right of way. <br />