Agenda - Council - 04/28/2015 - Laserfiche WebLink

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NOW THEREFORE, in consideration of the premises and the mutual covenants herein set forth the parties agree as follows: 1. ACCESS EASEMENT. For and in consideration the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City hereby grants and conveys unto Casey's a non- exclusive reciprocal easement over and across a portion of the City Property described as follows: The North 150.00 feet of Outlot A, CASEY'S ADDITION, according to the recorded plat thereof, Anoka County, Minnesota, which said parcel of real estate is herein referred to as the "Easement Area." 2. PURPOSE. The parties agree that the easement is given for the purpose of allowing ingress and egress to and from the Casey's Property and the City Property and the adjoining public roadway known as Sunwood Drive by Casey's and City and their respective employees and business invitees. The parties further agree that they will sign any and all necessary forms to effectuate the granting of said ingress and egress easement and the construction of the paved approach to Sunwood Drive, including but not limited to, signing all necessary Minnesota Department of Transportation permits and/or Ramsey City permit forms. 3. MAINTENANCE AND CONSTRUCTION. In conjunction with the building of the convenience store on the Casey's Property, Casey's shall pave the Easement Area and shall construct and pave an access approach thereto from Sunwood Drive, using construction specifications for private roads in the City of Ramsey. Once constructed, the City will be responsible for the maintenance, repair and snow removal from the Easement Area. 4. INDEMNIFICATION. Each party hereto shall protect, defend, hold harmless and indemnify the other from and against any and all claims, losses, damage or liability arising out of its use of the Easement Area hereinabove described. Each party agrees to add the Easement Area hereinabove described to the premises covered by any policy of "Premises Liability" insurance which it maintains with respect to its property served by this easement. 5. BENEFIT. The easement rights herein granted and the obligations herein set forth shall be a covenant running with the land and shall be binding upon, and inure to the benefit of, the parties hereto and their assignees and successors in interest of their respective properties. 2