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741g:TSEN 14 g 40-� - THIS AGREEMENT, made and entered into this day of 1989, by and between Welsh Companies, Inc., a Minne§ota corporation (hereinafter referred to as "Welsh") and The Equitable Life Assurance Society of the United States, a New York corporation (hereinafter referred to as "Equitable"). WITNESSETH: WHEREAS, Welsh is the owner of that certain parcel of real estate located in the City of Roseville, County of Ramsey, State of Minnesota, legally described on the attached Exhibit "A" (hereinafter referred to as the "Welsh Parcel"); and WHEREAS, Equitable is the owner of that certain parcel of real estate located in the City of Roseville, County of Ramsey, State of Minnesota, legally described on the attached Ex.A bit "B" (hereinafter referred to as the "Equitable Parcel"); and WHEREAS, Equitable and Welsh desire to provide for certain common area easements for driveway and access, to provide for filling the Equitable Parcel, and to provide for the maintenance, repair and use of said easement areas (such easement areas are shown on the plot plan attached hereto as Exhibit "CO); and WHEREAS, Equitable and Welsh intend that the driveway shown on the attached Exhibit 'C" (hereinafter the "EW Driveway,*) serve the Welsh Parcel and the Equitable Parcel (hereinafter sometimes toget.ier called the 'Parcels'") and provide vehicular access and ingress and egress to and from the Parcels to and from the street adjacent to and abutting the EW Driveway on the South; and WHEREAS, Equitable desires an easement to use the southerly thirty (30) feet of the Welsh Parcel as shown on Exhibit "C" (hereinafter aref�d„,,� the 'Equitable Access") for vehicular and pedestrian access; and WHEREAS, Equitable and Welsh may hereinafter collectively be referred to as the "garners" and may individually be referred to as the `Owner.. NOW, THEREFOR`, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknc:wledged by all Owners hereto, it is hereby agreed as follows: W"IFTJAWRWAT!9; (i) That portion of the Equitable Parcel consisting of the EW Driveway, including sidewalks and walkways, if any, landscaped and planted areas, all curbs and lighting standards, traffic and directional signs and traffic striping and markings now or hereafter located on the EW Driveway shall constitute common area (and shall hereinafter sometir^.eg be refQr.cd to a6 the 'Equitable Common Area"); (ii) That portion of the Welsh Parcel consisting of the Equitable Access, &ncludinq sidewalks and walkways, landscaped and planted areas, all curbs and lighting standards, traffic and directional signs and traffic striping and markings, now or hereafter located on the Equitable Access, shall constitute conunon area (and shall hereinafter sometimes be referred to as the 'Wels�i C moron Area"); and