11-28-2016 Council Packet - Laserfiche WebLink

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COST SHARING AND MAINTENANCE AGREEMENT AND TEMPORARY EASEMENT THIS COST SHARING AND MAINTENANCE AGREEMENT AND TEMPORARY EASEMENT (this "Agreement") is made this day of October, 2016, by and among Eric C. Miller and Cheryl K. Miller, husband and wife (the "Millers"), Michael Roll and Jacqueline Williams -Roll, husband and wife (the "Rolls"), Christopher Eperjesy and Beth Eperjesy, husband and wife (the "Eperjesys"), John F. Knorp and Kristine E. Knorp, husband and wife (the "Knorps"), Chris Watkins and Kadee Watkins, husband and wife (the "Watkins"), Gonyea Homes, Inc., a Minnesota corporation ("Gonyea"), Kintyre Two Homeowners Association, Inc. (the "Kintyre HOA"), Christopher Bollis and Gail Bollis, husband and wife (the "Senior Bollis"), and Christopher Bollis and Rachel Bollis, husband and wife (the "Junior Bollis"). The Bollis Owners (defined below), Kintyre Owners (defined below), and Kintyre HOA are individually hereinafter referred to as a "Party," and together as the "Parties". RECITALS A. The Kintyre HOA is the homeowner's association that affects all of that real property and related improvements legally described on Exhibit A attached hereto (the "Kintyre Parcels"). B. The Kintyre Owners are the fee simple owners of that portion of the Kintyre Parcels that is legally described on Exhibit B attached hereto ("Outlot D"). C. The Bollis Owners are the fee simple owners of certain parcels of land legally described on Exhibit C attached hereto (the "Bollis Parcels"). The Bollis Parcels and the Kintyre Parcels are collectively referred to as the "Property". D. The Kintyre Parcels and the Bollis Parcels adjoin one another. E. A portion of the Kintyre Parcels is a private road right of way legally described on Exhibit D attached hereto (the "Roadway Easement Area"). The bituminous and hardscape improvements located in the Roadway Easement Area as of the date of this Agreement, together with the Extension (defined below), will hereafter be referred to as the "Roadway." The Roadway is subject to an easement for public use pursuant to that Declaration of Covenants, Conditions, Restrictions and Easements dated August 25, 2010 and recorded with the County Recorder for Hennepin County, Minnesota on August 30, 2010 as Doc. No. A955292, and that Declaration of Easement dated August 6, 2015 and recorded with the County Recorder for Hennepin County, Minnesota on August 17, 2015 as Doc. No. A10228794. The Roadway will serve to connect the Bollis Parcels with Watertown Road. F. The Bollis Owners desire for the Kintyre Owners to consent to the Bollis Owners' construction and installation of an extension (the "Extension") over Outlot D to the existing Roadway to meet up with a roadway to be constructed on the Bollis Parcels, the Kintyre HOA has agreed to maintain, repair and replace the Roadway, and the Bollis Owners have agreed to construct the Extension and to share in the costs and expenses of maintaining, repairing, and replacing the Roadway, subject to the terms and conditions of this Agreement.