08-22-2018 Council Packet - Laserfiche WebLink

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Page 2 of 4 Commencing at the southeast corner of said Northwest Quarter of the Northwest Quarter; thence on an assumed bearing of North 89 degrees 56 minutes 33 seconds West, along the south line of said Northwest Quarter of the Northwest Quarter, a distance of 396.75 feet to the point of beginning of the centerline to be described; thence North 00 degrees 03 minutes 04 seconds East a distance of 43.93 feet; thence northerly a distance of 25.05 feet along a tangential curve concave to the west, having a radius of 113.46 feet and a central angle of 12 degrees 39 minutes 02 seconds; thence North 12 degrees 35 minutes 58 seconds West, tangent to said curve, a distance of 167.80 feet to the north line of said south 232.50 feet of the Northwest Quarter of the Northwest Quarter and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said south line of the Northwest Quarter of the Northwest Quarter; on said north line of the south 232.50 feet of the Northwest Quarter of the Northwest Quarter and on said easterly right-of-way of the Soo Line Railway. 1. TERMS GOVERNING EASEMENT A. In granting the easement set forth in this agreement, Grantor retains the right to use the easement area in any manner which is consistent with and does not interfere with the rights of Grantee. In the event Grantor finds it necessary to disturb the easement area for purpose to repair or maintian the Grantor’s property such repair and maintenance shall be undertaken so as to cause, to the extent and reasonably practical, minimum interference with use of the easement by Grantee and any and all disturbance shall be restored to conditions of substantially the same as existed prior to the disturbance. No fence, obstruction or other barrier which would prevent or obstruct the passage of pedestrian or vehicular traffic for purposes herein committed shall be erected or permitted within or across the Access Easement, except on a temporary basis during construction, repairs, reconstruction or maintenance of such areas. In the event temporary obstructions are necessary, they shall be placed so as to provide as minimum disruption as commercially reasonable. In the event Grantee, in exercising the rights granted hereunder disturbs or otherwise damages any portion of the Parcel A, Grantee shall expeditiously prosecute the completion of said repair, construction, reconstruction or maintenance work, and at its sole expense, and shall immediately restore and repair the disturbed area to the same condition that existed prior to the commencement of said repairs, construction, reconstruction or maintenance. B. All costs and expenses in connection with maintenance (including snowplowing) of the easement area shall be sole responsibility of Grantee. Maintenance shall include but not be limited to the following: (a) maintaining the asphalt areas in a level, smooth and evenly covered condition with a type of surfacing material originally