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EASEMENT AND MAINTENANCE AGREEMENT
<br /> THIS EASEMENT AND MAINTENANCE AGREEMENT ("Agreement"), made and
<br /> • entered into effective as of , 1995, by and between Elk River Auto Mall
<br /> L.L.C., a Limited Liability Company under the laws of the State of Minnesota, whose
<br /> address is 13330 Islandview Drive, Elk River, MN 55330 ("Grantor") and Guardian
<br /> Angels Health Services, Inc., a Minnesota corporation, whose address is 400 Evans Street,
<br /> Elk River, Minnesota 55330 ("Grantee").
<br /> WITNESSETH
<br /> WHEREAS, Grantor is the fee owner of the real property located in the County of
<br /> Sherburne, State of Minnesota, and legally described on Exhibit A attached hereto
<br /> ("Grantor Property"); and
<br /> WHEREAS, Grantee is the fee owner of certain real property adjoining the Grantor
<br /> Property and legally described on Exhibit B attached hereto ("Grantee Property"); and
<br /> WHEREAS, Grantor has agreed to grant and convey to Grantee upon the terms
<br /> and conditions hereinafter set forth, a non-exclusive easement for drainage and ponding
<br /> purposes, including the right to construct, repair and maintain drainage facilities over,
<br /> under and across the real property described as follows:
<br /> The South 120.00 feet of the North 327.80 feet, as measured at right angles,
<br /> of that part of the Northeast Quarter of the Southeast Quarter of Section
<br /> 34, Township 33, Range 26, Sherburne County, Minnesota, lying west of the
<br /> Westerly line of the right-of-way of U.S. Highway 169 ("Easement Parcel);
<br /> • WHEREAS, it is the intent of Grantor and Grantee that waterfiow will be directed
<br /> through the Grantee Property and into a holding area on the Grantor Property and that
<br /> any overflow of water in the holding area will be redirected back to the Grantee Property;
<br /> and
<br /> WHEREAS, Grantor and Grantee desire to enter into this Agreement to set forth
<br /> their respective rights and obligations with respect to such easement.
<br /> NOW THEREFORE, in consideration of Ten and no/100 Dollars ($10.00) and other
<br /> good and valuable consideration, the receipt of which is hereby acknowledged, the parties
<br /> agree as follows:
<br /> 1. Grantor hereby grants, sells and conveys to Grantee, its successors and assigns, a
<br /> permanent, non-exclusive easement for drainage and ponding purposes, including the
<br /> right to construct, repair and maintain(at Grantee's sole cost and expense) sufficient
<br /> drainage facilities over, under and across the Easement Parcel, for the purpose of routing
<br /> waterflow through the Easement Parcel, together with a right of ingress and egress on,
<br /> over and through the Easement Parcel for any and all purposes necessary and incidental
<br /> to the exercise by Grantee of the rights granted hereunder.
<br /> 2. Grantee shall maintain the Easement Parcel in good condition and repair, and in
<br /> accordance with all federal, state and local laws, statutes, regulations and ordinances.
<br /> • Any overflow of water in the holding area will be redirected to the Grantee Property and
<br /> drainage facilities necessary for such redirection shall also be constructed, repaired and
<br /> maintained at the Grantee's sole cost and expense.
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