3.10 EDSR 01-17-2017 - Laserfiche WebLink

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ThisEasementAgreement(“Agreement”) is made this ____ day ofJanuary, 2017December, 2016, by and between E&R Investments, LLC, a Minnesota limited liability company, (“E&R”)and Yankee Doodle Enterprises, LLC, a Minnesota limited liability company,(“YDE”).E&R and YDE are sometimes hereinafter collectively referred to as the “parties”to this Agreement. RECITALS A.E&Ris the fee owner of certain property located in Sherburne County, Minnesota, (“E&R Parcel”), legally described in the attached Exhibit A; and B.YDEis the fee owner of certain property located in Sherburne County, Minnesota, (“YDE Parcel”), legally describedin the attached Exhibit B; and C.The E&R Parcel (to theSouth)and the YDE Parcel (to theNorth)are adjoining properties sharing a common boundary line; and D.YDE is currently using an improved driveway for which there are no recorded easement rights over and across a portion of the E&R Parcel as legally described in Exhibit C and graphically depicted in Exhibit D. E.E&R is in the process of combining the E&R Parcel with contiguous properties for the purpose of development; and F.The parties contemplate that E&R’s development will provide a new access drive from Business Center Drive to the YDE Parcel which will be shared with the replatted properties within E&R’s development; and The parties have agreed to create a permanent driveway easement over and across a G. portion of the E&R Parcel for the benefit of the YDE Parcel as legally described in Exhibit C and graphically depicted in Exhibit D(“Driveway Easement”). The parties contemplate that the Driveway Easement will be terminated when the new H. access drive is installed and a new agreement for use of the new access drive is executed. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual promises and agreements contained herein, the parties hereto acknowledge, assent and agree as follows: 1.Incorporation.The foregoing recitals are true, correct and complete to the best of the parties’ knowledge,information, and belief, and are hereby incorporated herein by this reference. 2.Effective Date. This Agreement becomeseffective upon final execution by both parties. 3.Grant of Easement.E&R hereby grantsto YDE,its successors and assigns,for its use and the use of its owners, customers, vendors, suppliers, guests, invitees, tenants and occupants, a permanent,non-exclusive,appurtenant Driveway Easement for pedestrian and vehicular ingress and egress over and across that portion of the E&R Parcel as legally described in Page 2of 11