Agenda - Council - 07/10/2012 - Laserfiche WebLink

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b. Storm Water Drainage Easements. Declarant hereby establishes a temporary easement (the "Temporary Storm Water Easement"), for the benefit of Parcel 1, over that portion Parcel 2 described in the attached Exhibit D (the "Temporary Storm Water Easement Area"). The Temporary Storm Water Easement shall exist until such time as the owner of Parcel 2 installs facilities to drain storm water from Parcel 2 to a regional storm water pond. At such time as Parcel 2 becomes connected to such regional storm water pond, the Temporary Storm Water Easement shall terminate and be replaced by a storm water easement (the "Storm Water Easement") for the benefit of Parcel 1 over that portion of Parcel described in the attached Exhibit E. The Storm Water Easement shall exist until such time as: (i) municipal storm water sewer service is made available to service Parcel 1, and (ii) the storm water drainage from Parcel I is connected to such municipal storm sewer system. In the event that municipal storm water sewer service for Parcel 1 becomes available and the owner of Parcel 1 does not connect its parcel to such system in a reasonably prompt manner, then the owner of Parcel 2 (at its own cost and expense) shall have the right (but no obligation) thereafter to make the connection from Parcel 1 to such municipal storm water system. If the owner of Parcel 2 should elect to make such connection as provided above, the owner of Parcel 2 shall be deemed to have a license to enter onto those portions of Parcel 1 necessary for the making such connection improvements. Declarant also hereby establishes a storm water drainage easement for the benefit of the City of Ramsey over that portion of Parcel 1 denoted as "Area A" on Exhibit F (the "City Drainage Easement"), for the purposes of the maintenance of rain water gardens and/or bio-infiltration basins used to treat storm water runoff on Parcel 1. c. Temporary Utility Easement. Declarant hereby establishes a temporary easement (the "Temporary Utility Easement") for the benefit of Parcel 2 over that portion Parcel 1 denoted as "Area B" on the attached Exhibit F (the "Utility Easement Area"). If the owner of Parcel 2 is not utilizing service through the Temporary Utility Easement at such time as full utility service becomes available from Riverdale Drive for Parcel 2 (the "Utility Service Date"), then the Temporary Utility Easement shall terminate at that time. If the owner of Parcel 2 is utilizing service through the Temporary Utility Easement, then the Temporary Utility Easement shall exist until one year after Utility Service Date. On the Utility Service Date, the owner of Parcel 2, at its sole cost and expense, shall: (i) cause the utility service for Parcel 2 to be connected to the applicable utilities from Riverdale Drive, (ii) cause the utility connections for Parcel 2 from Parcel 1 to be terminated in a safe condition, consistent with the requirements of the applicable utility providers, (iii) to the extent required by the applicable utility providers, remove, cap and/or otherwise place the utility infrastructure located in the Utility Easement Area and serving Parcel 2 in a stable condition, and (iv) repair and replace, as applicable, any landscaping or other improvements on Parcel 2 effected by the work described in items (i) through (iii) above. The owner of Parcel 2 shall conduct all such work in a manner that minimizes the interference with the business(es) conducted on Parcel 1 and which does not result in the loss or interruption of any utility service to Parcel 1. For purposes of this Declaration, the phrase "full utility service" shall be deemed to consist of water and sanitary sewer service only. 2. Scope and Purpose. a. Access and Parking Easements. The Access and Parking Easements shall be non- exclusive easements for ingress and egress (pedestrian and vehicular) to and from Riverdale Drive to the respective parcels and for parking in marked, unreserved spaces that may exist from time to time, and shall be for the respective benefit of the then current users (including their invitees, customers and employees) of each respective parcel. Each parcel shall rely solely on the basis of the parking available on that parcel for satisfying the parking requirements of any governmental entity or agency. Furthermore, nothing in this Declaration shall be deemed to prohibit the reasonable allocation by the owner of either parcel of reserved parking spaces to tenants or users of that owner's parcel. Any use of Access and Parking Easements by a party benefited by such easements shall be for access, egress or parking purposes only and shall be conducted in a manner that does not unreasonably interfere with the use and enjoyment of the parcel on which the easement is located. All parking shall be subject to reasonable rules and 2