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CC PACKET 11222016
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CC PACKET 11222016
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11/21/2016 7:37:10 AM
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11/21/2016 7:34:44 AM
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RECIPROCAL EASEMENT AND RESTRICTION AGREEMENT <br /> THIS RECIPROCAL EASEMENT AND RESTRICTION AGREEMENT <br />(the “Agreement”) is made and entered into as of this ______________ day of _____________, <br />2016, by and between St. Anthony Village Center, LLC, a Florida limited liability company <br />(“Village”) and the City of St. Anthony, a body corporate and politic under the laws of the State <br />of Minnesota (“City”). Village and City, and their respective heirs, successors, and assigns, are <br />referred to in this Agreement individually as an “Owner” and collectively as the “Owners.” <br />RECITALS: <br />A. City is the owner of a parcel of real property situated in the City of St. Anthony, <br />County of Hennepin, State of Minnesota, legally described on the attached Exhibit “A” and <br />identified as Lot 1 on the site plan attached to this Agreement as Exhibit “B” and made a part <br />hereof (the “Site Plan”). <br />B. Village is the owner of two (2) parcels of real property situated in the City of St. <br />Anthony, County of Hennepin, State of Minnesota, legally described on the attached Exhibit “A” <br />and identified as Lots 1 and 3 on the Site Plan which are contiguous to Lot 2. Lots 1, 2 and 3 are <br />sometimes referred to herein singly as a “Lot” and collectively as the “Lots”. <br />C. The Lots were developed as an integrated, compatible, and harmonious shopping <br />center (collectively the “Shopping Center”). The parties hereto desire to subject each of the Lots <br />to the easements and agreements hereinafter set forth, pursuant to a general plan of improvement <br />of the Lots, and for the mutual benefit of the owners of any and all portions thereof, and their <br />respective heirs, successors, assigns and tenants. <br />D. The Lots are currently benefitted by and subject to that certain Access and <br />Parking Easement dated November 2, 2006 and recorded on November 3, 2006 as Document <br />Number 8888164 in the Office of the County Recorder of Hennepin County, Minnesota (the <br />“Existing Access Easement”), and the parties hereto intend to replace the Access Easement in its <br />entirety with this Agreement and easements contained herein. <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br />set forth, the following covenants, conditions, restrictions, easements, and encumbrances shall be <br />binding upon the Owners, and shall attach to and run with each respective Lot, and shall be for <br />the benefit of the Owners, and their respective heirs, successors, assigns and Occupants. <br />AGREEMENTS: <br />1. RECITALS. The above Recitals, including the definitions and exhibits, are <br />incorporated into and made part of this Agreement by this reference. <br />2. TERMINATION OF EXISTING ACCESS EASEMENT. The Owners hereby <br />terminate the Existing Access Easement in its entirety and the same shall no longer encumber or <br />burden any of the Lots and the same shall hereafter be of no further force or effect. <br />3. GRANT OF EASEMENTS. <br />35
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