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ThisEasementAgreement(“Agreement”) is made this ____ day ofJanuary, 2017, by and
<br />between Yankee Doodle Enterprises, LLC, a Minnesota limited liability company, (“YDE”)and
<br />E&R Investments, LLC, a Minnesota limited liability company,(“E&R”).YDE and E&R are
<br />sometimes hereinafter collectively referred to as the “parties”to this Agreement.
<br />RECITALS
<br />A.YDE is the fee owner of certain property located in Sherburne County, Minnesota,
<br />(“YDE Parcel”), legally described in the attached Exhibit A; and
<br />B.E&Ris the fee owner of certain property located in Sherburne County, Minnesota,
<br />(“E&R Parcel”), legally describedin the attached Exhibit B; and
<br />C.The YDEParcel (to theEast)and the E&RParcel (to theWest)are adjoining properties
<br />sharing a common boundary line;and
<br />D.YDE currently owns and holds a 50.00 foot wide easement for ingress and egress to US
<br />Highway No. 10 NW per Quit Claim Deed Document No. T10247; and
<br />E.Contemporaneously herewith, YDE sold the E&R Parcel to E&R together with the right
<br />to use a portion of the YDE Parcel as a cross-access to US Highway No. 10 NWas
<br />legally described in Exhibit C and graphically depicted in Exhibit D; and
<br />F.The parties have agreed to create a permanent cross-access easement over and across a
<br />portion of the YDE Parcel for the benefit of the E&R Parcel (“Cross-AccessEasement”).
<br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
<br />which is hereby acknowledged, and in further consideration of the mutual promises and
<br />agreements contained herein, the parties hereto acknowledge, assent and agree as follows:
<br />1.Incorporation.The foregoing recitals are true, correct and complete to the best of the parties’
<br />knowledge,information, and belief, and are hereby incorporated herein by this reference.
<br />2.Effective Date. This Agreement becomeseffective upon final execution by both parties.
<br />3.Grant of Easement.YDE hereby grantstoE&R, its successors andassigns,for its use and
<br />the use of its owners, customers, vendors, suppliers, guests, invitees, tenants and occupants, a
<br />permanent,non-exclusive appurtenant Cross-AccessEasement for pedestrian and vehicular
<br />ingress and egress over and across that portion of the YDEParcel described in Exhibit C.
<br />4.Maintenance of Easement.YDE shall be solely responsible to maintain the Cross-Access
<br />Easement, including without limitation, to removesnow and ice,to spread sand and salt, and
<br />to maintain, repair or replacethe pavement or other improvements to the extent reasonably
<br />required for the Cross-AccessEasement to be suitable for use as intended by this Agreement.
<br />Notwithstanding the foregoing, if and to the extent that E&R, its successors and assigns, or
<br />its owners, customers, vendors, suppliers, guests, invitees, tenants, occupants, or its agents,
<br />employees or contractors, cause material damage to the Cross-Access Easement, such party
<br />shall be liable for the reasonable costs incurred by the owner of the YDE Parcel in repairing
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