08-11-2004 Council Agenda - Laserfiche WebLink

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WFIEREAS, the Rental Owner and the Townhome Owner are replatting the Rental Property and the Townhome Property pursuant to the plat of Villas at Little Canada (the "Plat "). WHEREAS, upon filing the Plat, the Rental Owner and the Townhome Owner will exchange Quit Claim Deeds pursuant to which (i) the Rental Owner will quitclaim to the Townhome Owner any interest it may have in Lots 1 through 13, Block 2, and Outlot A, Villas at Little Canada, and (ii) the Townhome Owner will quitclaim to Rental Owner any interest it may have in Lot 1, Block I, Villas at Little Canada WHEREAS, due to the replatting of the Rental Property and the Townhome Property pursuant to the Plat. the Rental Owner and the Townhome Owner have determined that certain amendments to the Original Easement Agreement are necessary and the parties desire to amend the Original Easement Agreement pursuant to the terms and conditions of this Amendment. NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the Rental Owner and Townhome Owner hereby amend the Original Easement Agreement as follows: 1. Access Easement Area. The Original Easement Agreement is hereby amended to delete Exhibit A attached thereto and insert the Replacement Exhibit A attached to this Amendment. 2. Fire Lane Easement Area. The Original Easement Agreement is hereby amended to delete Exhibit B attached thereto and insert the Replacement Exhibit B attached to this Amendment. 3. Utility Easement Area. The Original Easement Agreement is hereby amended to delete Exhibit C attached thereto and insert the Replacement Exhibit C attached to this Amendment. 4. Run with the Land. The restrictions and covenants of the Original Easement Agreement, as amended by this Amendment, shall run with the land and shall be binding on parties hereto, their heirs, successors and assigns. 5. Governing Law. This Amendment will be governed and construed in accordance with the laws of the State of Minnesota. 6.' Affect of Amendments. Except as hereby amended, all other terms and provisions of the Original Easement Agreement shall remain in full force and effect. 7. Counterparts. This Amendment may be executed in any number of counterparts all of which, together, shall constitute one and the same Amendment with the same effect as if all parties hereto had signed the same document. [The remainder of this page has been left blank intentionally. Signature pages follow.]