6.10. SR 05-15-2000 - Laserfiche WebLink

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EASEMENT AGREEMENT ~ ~~_~ ~ } (the Property ~er(s} an~ ~e CI~ OF ELK RI~R, a ~nnesota municipal corporation (the City). Preliminary Statement of Facts The Property Owner(s) is (are) the_fee owner.(s) of certain real property located at ~/~]~ ~'~/ (street address) in the City of Elk River, County of Sherburne, State of Minnesota, which is legally described on Exhibit A attached hereto (the Property). The Property is not presently served by a public street or road. The Property Owner(s) has (have) requested the City to issue a permit allowing the construc- tion of a structure and/or dwell.-%g upon the Property. Before it will issue a building permit ~or the Property, the City requires the execution of this Easement Agreement. NOW, THEREFORE, in consideration of the foregoing and in considera- tion of ~h~mutual promises of the parties hereto and the mutual benefits to be gained by the performance hereof, the parties hereto agree as follows= 1.) Conveyance of Easement by the Property Owner(s). a.) The Property Owner(s) hereby grant(s) to the City, its successors and assigns, a nonexclusive easement for roadway purposes, over, under and across that part of the Property legally described on Exhibit B which is attached hereto and incorporated herein {the Easement). b.) The city shall use the Easement for the limited pur- poses of providing municipal services and emergency vehicu- lar access to the Property and performing construction, re- pairs and maintenance of the Easement as provided in Para- graph 2 below. The parties hereto acknowledge that the Easement shall not be used as a public thoroughfare and the rights of the City to use the Easement shall not be deemed to inure to the general public. 2.) Easement Not to be Obstructed. The Property Owner(s) shall at all times maintain the Easement in good repair, clean condition and free from un- reasonable accumulations of ice and snow and shall operate