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Aaa,NDED AND ROTATED
EASEMENT Agaur
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460349
Lot 1, Block 1, Cliff Woods of Eagan
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This Amended and Restated Easement Agreement (this "Agreement") is made this
1 day ofFebruary, 2002 by and between Leach, Inc., a Minnesota corporation, hereinafter
referred to as "Grantor" and Pamela E. Larkin and Richard 0, McLay, hereinafter referred to as
"Craxttees". The Grantor and Grantees aro sometimes referred to herein as collectively as the
"Parties".
WHEREAS, Grantor is the fee ovmor of real property situated in the County ofDakota,
State of Miunosota, legally described as follows:
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WHEREAS, Grantees are the fee owners of the following described real property situated
in the County of Dakota, State of Minnesota legally described as follows:
Lot 1, Block 1, Galaxie Hill Oaks
referred to herein as "Parcel 0";
WHEREAS, Parcel A and Parcof B are adjacent and C011tigLIQUS parcels;
WHEREAS, tho previous owner of Parcel A wanted Grantees an Easement recorded
May 7, 2001 as document no. 438988 in the real property records of Dakota County (the
"Original Easement Agreement");
WHEREAS, the Original tasement Agreement provided for the ability of Grantees to
plant and maintain trees and other foliage (the "Plantings") between the two parcels to, act as a
buffer providing privacy and other advantages (including aesthetic improvements) to both of the
parcels;
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and
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WHEREAS, the Parties feel the Plantings are beneficial to both Parcel A and Parcel B;
. WHEREAS, the Parties agree that the appropriate location of the Easement Area of
Parcel A (es defined below) needs to be adjusted a more fully set feral below,
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt
arid sufficiency of which is hereby acknowledged by both Parties, the Parties-hereby agree as
follows:
1. The Original Easement Agreement is hereby superceded in its entirety by this
amended and restated Agreement.
2. Grantor hereby grants to the Cuantees, their heirs, suceessors and assigns, a
perpetual, non-exclusive easement over and across the South twelve and one-half feet (124') feet
of the West one hundred and fifty feet (1.50') of Parcel A described above (the "Easement
Area") for the benefit of Parcel B, for the purpose of planting and maintaining frees and shrubs
and other Plantings.
3. Grantees shall have the sole decision making rights and responsibilities for all
aspects of the Plantings to be made and maintained in the Easement Area, both initially and in
the future, including the right to choose the types, style and density of Plantings, the right to plant
either mature trees or plants or to plant seedlings, bulbs or any other typo of Plantings; provided,
Grantees shall use reasonable efforts to minimize the impact the activity associated with the
installation and maintenance of the Plantings has on the owner of Parcel A, in particular, the
eventual residential owner of Parcel A, 0.g, not using loud machinery for planting or
maintenance late at night.
4. Grantees . shall make no material changes to the grading of the Easement Area or
any other material changes to the surface of the Easement Area which materially interferes with
the drainage plan for Parcel A. IT Grantee disturbs the surface of Parcel A in breach of the
foregoing, the owners of Parcel B shall reasonably restore the surface of Parcel A to substantially
the same condition as existed prior to the disturbance,
5. If any of the Plantings planted by the owners of Parcel 13 dies or, in the opinion of
a registered bortioulturalist, should be removed due to disease or damage, then the owners of
Parcel B shall be responsible for removing said tree or plant.
6. The rights granted hereunder shall be limited to the planting and maintenance of
trees and other foliage. In no event shall any permanent ph,ysical structure be constructed in the
Easement Area by either Party.
7. The owners of Parcel B shall indemnify the owners of Parcel A against any claim
for personal injury or damage to property which occurs within the Easement Area as a direct
result of its use by the owners of Parcel El, This indemnity shall include reasonable attorneys
fees incurred by the owners of Parcel A in defending themselves in any action brought. The
owners of Parcel B shall firther indemnify the owners of Parcel A against any mechanic's lien
claim resulting from labor or material provided to the owners of Parcel B for the planting or
maintenance of the Basement Area.
S. The terms and conditions of this Agreement shall constitute covenants and
servitudes running with the land, burdening and benefiting, as appurtenances, Parcels A and B as
specifically stated herein, and shall be binding upon and for the benefit of the Parties and their
respective heirs, personal representatives, devisees, administrators, tenants, successors and
assip.s, and any other persons who hereafter acquire an interest in Parcel A or Parcel B by
operation of law or other legal means. Whenever a transfer of ovvnership of any of the parcels
occurs, liability of th.e transferor for breach of any covenants OCQUITillg thereafter shall
automatically terminate, provided, however, such transferor shall remain liable for any
obligations incurred prior to such transfer.
9. Bach of the Parties represents and warrants that it has the full capacity, light,
power and authority to execute, deliver and perform this Agreement, and all required actions,
consents and approvals therefor have bean duly taken and obtained. Furthermore, each of the
Parties represents and warrants that upon flall execution of this Agreement, the real property
provisions of this Agreement shall be binding on all parties with any interest in their respective
Parcels.
10. The provisions of this Agreement are for the exclusive benefit of the Parties
hereto and their successors and assigns and not for the benefit of any third person; and this
Agreement confers no rights, express or implied, upon any such third person; and there are no
"third party beneficiaries" to this Agreement.
1.1. This Agreement may be signed in counterparts, each of which shall be deemed an
original and all of which, taken together, shall constitute one instrument.
12. This Agreement represents the entire understanding between the Parties and all
prior written or oral agreements are hereby declared null and void. Any written amendment to
this Agreement shall only be effective when reduced to writing and said writing is signed by the
owners of both Parcel A and Parcel B.
1 60351A
[Signature page follows.]
IN WITNESS WHEREOF, the Parties have caused this document to be executed on the
day and year first written above.
GRANTOR:
LESCH, INC., a
Mirmesota corporation
By:
STATE OF MINNESOTA ) •
)ss.
..e9)
COUNTY OF
1 60v)
STATE OF MINNESOTA )
)ss,
COUNTY OF
THIS INSTRUMENT WAS DRAFTED BY:
Leonard, Street and IDinarcl(PC
150 South Fifth Street, Suite 2300
lqinneapohn, MN $5402
NO.M.1, 11i,41■■••■■■••■•■•
GRANTEES;
On. this ZiO'day of February, 2002, before me appeared icivir,t ,Lec. , the
asj,e,-+ of Lesch, inc., a corporation organized and existing under the laws of the
State of Minnesota, who executed this document on behalf of the corporation,,
On this,/day of February, 2002 before me appcm d
Larlda, who executed this document.
`
ublic
JUDY M. JENKINS
NOTARY PUBLIC-MINNESOTA'
My Commission Expires Jan. 31, 2005
S AN E. LACY
NOTARY PUBLIC • MINNESOTA
My Oommlaslon Expires Jan.31.2006
chard D. MoLay and Pamela B,