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<br />. <br /> <br />. <br /> <br />. <br /> <br />ACCESS DRIVE EASEMENT AGREEMENT <br /> <br />THIS ACCESS DRIVE EASEMENT AGREEMENT ("Agreement") is made as of the <br />_ day of October, 1999, by and among the CITY OF ELK RIVER, a Minnesota municipal <br />corporation (hereinafter called the "City"), and the ELK RIVER COUNTRY CLUB, a <br />Minnesota (hereinafter called the "Country Club"). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the City is the fee owner of Woodland Trails Park, located within the City <br />and legally described on Exhibit A attached hereto (the "Park Property"); and <br /> <br />WHEREAS, the Country Club is the fee owner of the Elk River Country Club, located <br />adjacent to the Park Property and legally described on Exhibit B attached hereto (the "Country <br />Club Property"); and <br /> <br />WHEREAS, the Country Club desires to construct on the Park Property a driveway for <br />the purpose of access to a Maintenance Facility located on the Country Club Property (the <br />"Access Drive"); and <br /> <br />WHEREAS, the City desires to grant to the Country Club for the benefit of the Country <br />Club Property, a perpetual easement for the construction, installation, use, maintenance, repair <br />and replacement of the Access Drive; and <br /> <br />WHEREAS, the perpetual easement area is legally described on Exhibit C (the "Access <br />Drive Easement"); and <br /> <br />WHEREAS, the parties hereto desire to evidence in writing the terms and conditions <br />upon which such easement will be granted. <br /> <br />NOW, THEREFORE, in consideration of the covenants and agreements contained herein <br />and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, <br />the parties hereto agree as follows: <br />