CCP 07-14-1997 - Laserfiche WebLink

Home Browse Search

- --- - - , , - ~ - - ---- -~ -...,. g!r~ I I ACCESS EASEM.ENT -- THIS AGREEMENT, made this _ day of July, 1997, by and between Welsh Development Company, LLC, a Minnesota limited liability Company ("Welsh") and Vaughn and I Vaughn, husband and wife, WITNESSETH: I WHEREAS, Welsh is. the owner of certain real property located in Ramsey County, Minnesota, legally described on Exhibit A attached hereto (the "Welsh Property"); and I WHEREAS, the Vaughns are the owners of certain real property located in Ramsey County, Minnesota, located in the area of the Welsh Property. and legally described on Exhibit B attached I hereto (the "Vaughn Propel1y"); and WHEREAS, the Vaughns desire access to the VaughnPropel1y via a portion of vacated 14'" I Street which has accrued to the Welsh Propel1y by reason of the vacation ofa portion said \4'" Street; and NOW, THEREFORE, for One Dollar (SI.OO) and other good and valuable consideration, the I receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: ~ 1. Welsh hereby represents and warrants to the Vaughns that it is the owner in fee simple of the Welsh Property and the Vaughns hereby represent and warrant to Welsh that they are the I owner in fee simple of the Vaughn Property. 2. Welsh hereby grants to the Vaughns a nonexclusive, appurtenant easement over and I across that portion of vacated 14'" Street lying within the Welsh Property, legally described on Exhibit C attached hereto (the "Easement Area") for the purpose of vehicular and pedestrian ingress to and egress from the Vaughn Property I . 3. No obstructions which would prevent, restrict or otherwise hinder the reasonable passage of pedestrians or maneuvering of vehicles over any portion of the Easement Area shall be erected, I condoned or permitted to endure, nor shall any other conduct, passive or affirmative, be permilled which would in any way restrict the rights of any party or parties hereto, their licensees and invitees, to fully utilize the Easement Area for the purposes stated herein; provided, however, that I the Vaughns may, from time to time, set up such structures as may be reasonably necessary for safety purposes and for the performance of necessary maintenance and repairs. 4. The Vaughns shall repair and maintain the Easement Area in a good and reasonably dust- I free condition as a dirt and/or gravel road. Tn the event the Vaughns fail to so repair and maintain the Easement Area, in the manner indicated and after reasonable request therefor. Welsh shall be I entitled to perform such repairs or maintenance, and the cost thereof shall be immediately reimbursable to Welsh by the Vaughns, including any expenses and reasonable attorney fees incurred in collecting the same. .. I