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<br />200510796
<br />DECLARATION OF DRIVEWAY EASEMENT
<br />AND MAINTENANCE AGREEMENT
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<br />C76
<br />This Decration of Driveway Easement and Maintenance Agreement (this "Agreement ")
<br />is made this day of October, 2005, by NORTHCOTT COMPANY, a South Dakota general
<br />partnership `Declarant "), whose address is 250 Lake Drive East, Chanhassen, MN 55317.
<br />Recitals
<br />A. Declarant is the owner of the parcel of land described on Exhibit A attached
<br />hereto (the "Northcott Parcel ").
<br />B. Declarant is also the owner of the parcel of land described on Exhibit B attached
<br />hereto, which is under contract to be sold to Edgemark Development LLC, a Colorado limited
<br />liability company (the "Edgemark Parcel ").
<br />C. The Northcott Parcel and the Edgemark Parcel together constitute the "Property ".
<br />D. Declarant desires to create an access easement over that portion of the Northcott
<br />Parcel and the Edgemark Parcel more particularly described on Exhibit C ( "Access Parcel"),
<br />E. Declarant hereby desires to provide for non - exclusive pedestrian and vehicular
<br />ingress, egress and access on, over, across and through the Access Easement, as hereinafter
<br />defined, and to provide for the rights and obligations with respect thereto.
<br />Agreement and Grant of Easements
<br />In consideration of the preceding Recitals and subject to the terms and conditions set
<br />forth herein, Declarant hereby declares, covenants and agrees that the Northcott Parcel and the
<br />Edgemark Parcel shall hereafter be held, transferred, sold, leased, conveyed and occupied subject
<br />to the easements, covenants, conditions and restrictions set forth herein:
<br />1. Access Easement.
<br />(a) General.
<br />(i) Grant. Declarant hereby declares, grants, reserves, transfers and
<br />conveys a reciprocal appurtenant perpetual, non - exclusive easement for pedestrian and vehicular
<br />access on, over, across and through that certain portion of the Access Parcel located on the
<br />Northcott Parcel and the Edgemark Parcel (collectively, the "Access Easement "). The Access
<br />Easement may be used by the owners of the Northcott Parcel ( "Northcott "), the owners of the
<br />Edgemark Parcel ( "Edgemark ") and their respective tenants, employees, agents, licensees,
<br />permittees, invitees, successors and assigns, for the purposes of providing pedestrian and
<br />vehicular ingress to and egress from the Northcott Parcel and the Edgemark Parcel, based upon
<br />current uses or any increased future uses. No party shall obstruct or otherwise interfere with the
<br />other party's reasonable use of the Access Easement for purposes consistent with access to and
<br />from their respective parcels. No party shall be permitted to park vehicles on the Access
<br />{31081.120.10/18 /2005 05:33 PM.JEPE.A0209405.D0C;3}
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<br />200510796
<br />DECLARATION OF DRIVEWAY EASEMENT
<br />AND MAINTENANCE AGREEMENT
<br />lk �
<br />C76
<br />This Decration of Driveway Easement and Maintenance Agreement (this "Agreement ")
<br />is made this day of October, 2005, by NORTHCOTT COMPANY, a South Dakota general
<br />partnership `Declarant "), whose address is 250 Lake Drive East, Chanhassen, MN 55317.
<br />Recitals
<br />A. Declarant is the owner of the parcel of land described on Exhibit A attached
<br />hereto (the "Northcott Parcel ").
<br />B. Declarant is also the owner of the parcel of land described on Exhibit B attached
<br />hereto, which is under contract to be sold to Edgemark Development LLC, a Colorado limited
<br />liability company (the "Edgemark Parcel ").
<br />C. The Northcott Parcel and the Edgemark Parcel together constitute the "Property ".
<br />D. Declarant desires to create an access easement over that portion of the Northcott
<br />Parcel and the Edgemark Parcel more particularly described on Exhibit C ( "Access Parcel"),
<br />E. Declarant hereby desires to provide for non - exclusive pedestrian and vehicular
<br />ingress, egress and access on, over, across and through the Access Easement, as hereinafter
<br />defined, and to provide for the rights and obligations with respect thereto.
<br />Agreement and Grant of Easements
<br />In consideration of the preceding Recitals and subject to the terms and conditions set
<br />forth herein, Declarant hereby declares, covenants and agrees that the Northcott Parcel and the
<br />Edgemark Parcel shall hereafter be held, transferred, sold, leased, conveyed and occupied subject
<br />to the easements, covenants, conditions and restrictions set forth herein:
<br />1. Access Easement.
<br />(a) General.
<br />(i) Grant. Declarant hereby declares, grants, reserves, transfers and
<br />conveys a reciprocal appurtenant perpetual, non - exclusive easement for pedestrian and vehicular
<br />access on, over, across and through that certain portion of the Access Parcel located on the
<br />Northcott Parcel and the Edgemark Parcel (collectively, the "Access Easement "). The Access
<br />Easement may be used by the owners of the Northcott Parcel ( "Northcott "), the owners of the
<br />Edgemark Parcel ( "Edgemark ") and their respective tenants, employees, agents, licensees,
<br />permittees, invitees, successors and assigns, for the purposes of providing pedestrian and
<br />vehicular ingress to and egress from the Northcott Parcel and the Edgemark Parcel, based upon
<br />current uses or any increased future uses. No party shall obstruct or otherwise interfere with the
<br />other party's reasonable use of the Access Easement for purposes consistent with access to and
<br />from their respective parcels. No party shall be permitted to park vehicles on the Access
<br />{31081.120.10/18 /2005 05:33 PM.JEPE.A0209405.D0C;3}
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