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EASEMENT AGREEMENT <br />THIS EASEMENT AGREEMENT ("Agreement") is made as of the day of <br />, 2021, by and among the CITY OF ELK RIVER, a Minnesota municipal <br />corporation (hereinafter called the "City") and the ELK RIVER COUNTRY CLUB, a Minnesota <br />corporation (hereinafter called the "Country Club"). <br />RECITALS <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 />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 />WHEREAS, on October 24, 1999, the City and the Country Club entered into an Access <br />Drive Easement Agreement (the "1999 Easement") pursuant to which the City granted to the <br />Country Club a perpetual easement for the construction, installation, use, maintenance, repair and <br />replacement of a driveway for the purpose of access to a maintenance facility located on the <br />Country Club Property; and <br />WHEREAS, it has come to the attention of the parties that the driving range operated by <br />the Country Club encroaches on a portion of the Park Property, and that golf balls from the driving <br />range are frequently landing within the Park Property; and <br />WHEREAS, the City would like to extend a trail and install a sign for the Park Property <br />on a portion of the Country Club Property; and <br />WHEREAS, the parties desire to enter into this Agreement for the purpose of putting in <br />writing the terms and conditions upon which easements will be granted for the driving range, trail <br />and sign. <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, the <br />parties hereto agree as follows: <br />1999 Easement <br />1. The October 24, 1999, Access Drive Easement Agreement is and will remain in <br />effect and not be affected by this Agreement. <br />Driving Ranee Easement <br />1. The City hereby grants and conveys to the Country Club and its successors and <br />assigns, as owner of the Country Club Property, an easement for driving range purposes over the <br />area legally described on Exhibits C-1 and C-2 attached hereto (the "Driving Range Easement"). <br />The Country Club shall have the right to maintain a driving range thereon and to make <br />