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08-26-13 Council Packet
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08-26-13 Council Packet
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2/28/2014 1:51:13 PM
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8/27/2013 11:20:13 AM
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City Council
Council Document Type
Council Packet
Meeting Date
08/26/2013
Council Meeting Type
Regular
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<br />427348v5 SJB LN140 -109 3 <br />EXHIBIT A <br />Fourth Draft August 22, 2013 <br /> <br /> <br />This instrument was drafted by: <br />Kennedy & Graven, Chartered (SJB) <br />470 U.S. Bank Plaza <br />Minneapolis, MN 55402 <br /> <br />______________________________________________________________________________ <br />(Above space reserved for recording data) <br /> <br />EASEMENT AGREEMENT <br />(Ingress and Egress) <br /> <br /> THIS EAS EMENT AGREEMENT (this “Agreement ”) is made this ____ day of <br />______________, 2013, by and among the Lino Lakes Economic Development Authority, a <br />Minnesota public body corporate and politic (the “EDA ”) and Lino Lakes Assisted Living, LLC, <br />a Minnesota limited liability company (“LLAL”). Except as otherwise provided herein, the <br />EDA and LLAL and are referred to herein as the “Parties .” <br /> <br />RECITALS <br /> <br /> A. The EDA is the owner of property within the City of Lino Lakes (the “City”) <br />described as Outlot B, The Village No. 3, according to the recorded plat thereof, Anoka County <br />Minnesota (the “EDA Parcel ”). <br /> B. LLAL is the owner of property within the City described as Lot 1, Block 1, The <br />Village No. 5, according to the recorded plat thereof, Anoka County Minnesota (the “LLAL <br />Parcel”), which property is adjacent to the EDA Parcel. <br /> C. LLAL acquired a portion of the LLAL Parcel from the EDA, pursuant to a <br />Purchase and Redevelopment Agreement between EDA and LLAL dated March 11, 2013 (the <br />“Redevelopment Agreement”). <br /> D. Un der the Redevelopment Agreement, LLAL is required to construct an <br />expansion of the LLAL’s assisted living facility on the LLAL Parcel, such expansion being <br />referred to in the Redevelopment Agreement as the “Minimum Improvements.” <br /> <br /> E. In order to accommo date the efficient development of the Minimum <br />Improvements on that LLAL Parcel, the Parties have agreed that LLAL will construct a <br />driveway that provides ingress and egress from the LLAL Parcel and the EDA Parcel to Town <br />Center Parkway (the “Access Drivewa y ”) such driveway to be located on the EDA Parcel in the <br />location legally described and depicted on Exhibit A attached hereto (the “Access Driveway <br />Easement Area ”). <br /> <br /> F. The EDA intends to further subdivide the EDA Parcel and sell individual lots to
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