pf_02368 - Laserfiche WebLink

Home

Har-Mar and Daly for the benefit of the Har-Mar Parcel and the Daly Parcel, for their respective uses and for the use of their respective tenants, subtenants, customers and invitees nonexclusive easements in common with all others entitled to use the same into and over the access areas of the Har-Mar Parcel and the Conoco Parcel, said access areas being cross-hatched and identified as "Common Access Areas" on Exhibit A attached hereto, the legal description of which Common Access Areas are set forth in Exhibit B attached hereto. Said easements shall be for ingress and egress from the respective parcels, and for the passage of vehicles and pedestrians. No parking shall be allowed in the Common Access Areas. Neither party hereto shall, prior to the termination of this Agreement, change, alter or otherwise modify the Common Access Areas on their respective tracts except as provided in Paragraph 4 below. 20 Dominant and Servient Estates. Each easement granted pursuant to the provisions hereof is expressly for the benefit of the parcel or the interest of the grantee, and the parcel or interest so benefitted shall be the dominant estate and the parcel or interest upon which such easement is located shall be the servient estate. The benefits and burdens of all easements created herein shall run with the land, and shall not be in personam and shall not be to the benefit of any third party. Any easement granted pursuant to the provisions of this Agreement may be abandoned or terminated as herein provided by execution of an agreement so abandoning or terminating the same by the parties possessing the dominant and the servient estates. 30 Construction bv Har-May. (a) Plans: Certain Costs. Within thirty (30) days of the date of this Agreement, Har-Mar shall cause to be prepared plans and specifications for the construction of an asphalt access road on that portion of the Common Access Area located on the Har-Mar Parcel and the Conoco Parcel. Such plans and specifications shall include provision for blacktopping all road areas (except those portions on the Conoco Parcel that are already blacktopped), installation of curbs and gutters in the right-of-way of Lincoln Drive, drainage facilities (if required by the City of Roseville) and lighting, and the installation of signage, which plans and specifications shall be reasonably acceptable to Daly and Conoco. Such plans for the road shall also meet the minimum standards of the City of Roseville for a private access road. Daly and Conoco shall have ten (10) business days from the date they are submitted by Har-Mar within which to either accept or comment on said plans and specifications. If Daly and Conoco neither accept or comment on said plans and specifications within said ten (10) business day period, the same shall be deemed to have been accepted by Daly and Conoco. Any reasonable changes 216916 2