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<br />PARKING EASEMENT AGREEMENT <br /> <br />T <br />day of <br />RIVER, <br />River, a <br /> <br /> <br />ARKING EASEMENT AGREEMENT ("Agreement") is made as of this 1 <br />, 20~y and among the FIRST NATIONAL BANK OF ELK <br />ited State banking corporation (hereinafter called "Grantor"), and the City of Elk <br />nicipal corporation (hereinafter called the "City"). <br /> <br />WITNESSETH THAT: <br /> <br />WHEREAS, Grantor is the owner of the property described as that part of Lots 1 and 2, <br />Block 2 of the VILLAGE OF ELK RIVER, according to the recorded plat thereof, Sherburne <br />County, Minnesota more particularly described Exhibit A attached hereto and incorporated <br />herein (the "Grantor Property"); and <br /> <br />WHEREAS, City is the owner of the property known as the King Street Right-of-Way, <br />according to the recorded plat of the VILLAGE OF ELK RIVER, Sherburne County, Minnesota <br />(collectively, the "City Property"); and <br /> <br />WHEREAS, Grantor and City desire that there be located on the Grantor Property an <br />easement for parking purposes as described herein; and <br /> <br />WHEREAS, the parties hereto desire to evidence in writing the terms and conditions <br />upon which said easement will be granted; and <br /> <br />WHEREAS, in connection with the ownership and development of the Grantor Property <br />and the City Property, Grantor and City desire to provide for non-exclusive easement <br />appurtenant to the City Property as set forth below. <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements <br />hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the parties hereto agree as follows: <br /> <br />1. Easement Grant. Subject to the conditions and limitations hereinafter set forth, <br />Grantor hereby declares and grants for the benefit of the City Property a non-exclusive easement <br />appurtenant to the City Property upon, over and across the parking area to be constructed on the <br />portion of the Grantor Property shaded on Exhibit B and over and across the driveways on the <br />Grantor Property reasonably necessary or appropriate for access to such parking area for the <br />purpose of providing the owner of the City Property from time to time and the general public <br />with vehicular (excluding construction vehicles) parking in the parking area designated on <br />Exhibit B, pedestrian ingress and egress to, from and between the Grantor Property and the City <br />Property and for use of the driveways on the Grantor Property for access to adjacent public <br />roads. <br /> <br />2. Maintenance. The owner of the City Property shall construct, maintain, repair, <br />replace, and keep the portion of the parking easement described in Paragraph 1 neat, orderly in <br />condition and appearance, and in good repair, including snow removal. The driveways shall not <br />be obstructed in any manner but shall be kept open at all times for the free use thereof. Each <br />