Agenda - Council - 03/24/2015 - Laserfiche WebLink

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EXHIBIT I ENCROACHMENT EASEMENT AMENDMENT AMENDED AND RESTATED GRANT OF ENCROACHMENT EASEMENT This AMENDED AND RESTATED GRANT OF ENCROACHMENT EASEMENT (this "Grant of Easement") is executed as of the day of April, 2015 by the City of Ramsey, Minnesota, a charter city organized and existing under the constitution and laws of the State of Minnesota (the "Grantor") and, as of the date hereof, amends, restates, supercedes and replaces that certain Grant of Encroachment Easement recorded in the office of the Anoka County Registrar of Titles on August 2, 2012 as Document No. 509830.001 (the "Original Easement"). RECITALS A. Grantor owns the real property located in Anoka County, Minnesota legally described on the attached Exhibit A (the "Burdened Property"), on which Grantor has constructed a municipal parking ramp. B. F&C Ramsey Apartments, LLC, an Indiana limited liability company (the "Grantee"), owns real property located in Anoka County, Minnesota legally described on the attached Exhibit B (the "Benefited Property") that is adjacent to the Burdened Property and on which Grantee has constructed a residential apartment building. C. Grantee's residential apartment building encroaches onto the Burdened Property. Grantor has therefore agreed to grant an easement for the encroachment to Grantee, subject to the terms set forth below. In consideration of the foregoing, Grantor hereby declares: GRANT OF EASEMENT 1. Easement. Grantor hereby grants, for the benefit of Grantee and Grantee's tenants, a perpetual, non-exclusive appurtenant easement over, under, and across that portion of the Burdened Property described on Exhibit C (the "Easement Area"). The easement is appurtenant to the Benefitted Property. The purpose of the easement is to give Grantee the right to use the Easement Area and the footings that Grantor constructed in the Easement Area for the use, maintenance, repair and replacement of a portion of the residential apartment building that Grantee has constructed on the Benefitted Property. 2. No Required Relocation of the Boundary Line. Notwithstanding anything to the contrary in the Original Easement, Grantor and Grantee shall not be required to relocate the common lot line between the Burdened Property and the Benefitted Property. 3. Enforcement. The Grantor and Grantee have the right to enforce the terms of this Grant of Easement in a legal or equitable action brought in a court of competent jurisdiction, and the prevailing party in any such action is entitled to recover from the opposing party the prevailing party's attorney's fees and costs. No waiver by either party of any default under this Grant of Easement shall be effective or binding upon such party unless made in writing. No waiver of any default shall be deemed a waiver of any other or subsequent default hereunder. 6983738v2