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AF-AG - 419450 0 � EASEMENT AND DRIVEWAY MAINTENANCE AGREEMENT �HIS EASEMENT AND DRIVE6VAY MAINTENANCE AGREEMENT, dated this„�O � day of `�i4r✓u.tity , 1989 by and between LOLITA P. REITSMA, a single person; GREGORY M. BLINDAUER and KATHERINE S. BLINDAUER, husband and wife; and FREGER A. WEST, a single person. tn1HEREAS, Gregory M. Blindauer and Katherine S. Blindauer, husband and wife are the fee owners and vendors of a Contract for Deed to Lolita P. Reitsma, a single�person, vendee, of certain real property legally described as Lot 11, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota; and WHEREAS, Lolita P. Reitsma, a single person, is the fee owner of certain real property legally described as Lot 12, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota; and WHEREAS, Gregory M. Blindauer and Katherine S. Blindauer,husband and wife, are the fee owners and vendors of a Contract for Deed to Freger A. West, a single person, vendee, of that certain real-property legally described as Lot 13, �lock 1, 5pring Brook Park 2nd Addition, Anoka County, Minnesota; and NOW, THEREFORE, for One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto hereby covenant, agree, convey, grant and accept as follows: 1. That Lolita P. Reitsma, a single person, and her heirs, successors, and assigns, as fee owner of Lot 12, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota, hereby grants and conveys an Easement for the benefit of the owners of Lot 11, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota, and for the benefit of the owners of Lot 13, Block 1, , Spring Broo� Park 2nd Addition, Anoka County, Minnesota, for driveway purposes over ` and across the following described properties: -1- The north 9.00 feet of the west 28.00 feet of Lot 12, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota; as measured along lines parallel with the north and west lines thereof; AND The East 18.00 feet of the West 28.00 feet, as measured along a line parallel with the west line, of Lot 12, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota. 2. That Gregory M. Blindauer and Katherine S. Blindauer, husband an3 wife, as fee owners and vendors of a Contract For Deed, and their heirs, successors, and assigns, together with Freger A. West, a single perso�, as vende� of a Contract for Deed, and his heirs, successors, and assigns, over Lot 13, Block l, Spring Brook Park 2nd Addition, Anoka County, Minnesota, hereby grant and convey an Easement for the benefit of the owners �f Lot 11, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota, and for the benefit of the owner of Lot 12, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota, for driveway purposes over and across the following described properties: The south 9.00 feet of the west 28.00 feet of Lot 13, Block l, Spring Brook Park 2nd Addition, as measured along lines parallel with the south and west lines thereof; AND �.� Th�,�j st 18 eet of the�West 28.�eet, as measur�� long a�'T�e para��with the west iine, of that part of Lo't'13, Block 1, Spring Brook Park 2nd Addition lying southerly of a line drawn perpendicular to said west line from a point thereon distant 15.00 feet Northwesterly along said west line from the southwest corner of said Lot 13. 3. That Lots ll, 12 and 13, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota, have onl.y one access point to East River Road, Fridley, Minnesota, for ingress and egress to their properties. 4. The parties to this document hereby agree that the driveway discussed in this Agreement will be of asphalt or cement construction and will be eighteen (18) feet in width. 5. That Lolita P. Reitsma, a single person, as the owner of Lot 12, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota, together with her heirs, successors and assigns, hereby agrees to construct the driveway as described above connecting her home to East River Road, Fridley, Minnesota, and shall be responsible for the entire cost of construction and maintenance of the driveway so constructed on Lot 12, �Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota, until such time as the maintenance fees are shared -2- - by the owners of Lot 11, Block 1, Spring Brook Park 2nd - Addition, Anoka County, Minnesota, as described below. 6. That upon the exercise of their rights of ingress and egress on the driveway, Gregory M. Blindauer and Katherine S. Blindauer, husband and wife, as fee owners and vendors of a Contract for Deed, and their heirs, successors and assigns, together with Lolita P. Reitsma, a single person, as vendee of a Contract for Deed, and her heirs, successors, and assigns, of Lot 11, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota, shall construct and be responsible for the driveway across Lot 12, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota, to provide access to their property and shall be responsible for the entire cost of the construction and for one-half (1/2) of the cost of the maintenance of the portion of the driveway crossing Lot 12, Block 1, Sprang Brook Park 2nd Addition, Anoka County, Minnesota. 7. That Gregory M. Blindauer and Katherine S. Blindauer, husband and wife, as fee owners and vendors of a Contract for Deed, and their heirs, successors, and assigns, together with Freger A. West, a single person, as vendee of a Contract for Deed, and his heirs, successors and assigns, hereby agree to construct the driveway upon their property as described above and shall be responsible for the entire cost of the construction and maintenance of that portion of the driveway constructed on Lot 13, Block 1, Spring Brook Park 2nd Addition, Anoka County, Minnesota. 8. It is agreed by all parties involved that the public shall be entitled to use said driveway pursuant to the Bikeway/Walkway Easements filed of record. ..�.. , ...: . �:,.u,.,,....,._ . ,.�. .. � . �... � _ . ._..,�..���,.,�. , . .n�� IN WITNESS WHEREOF, the said parties have signed this Easement and Driveway Maintenance Agreement �� day of .a �ry�� , 1989. � Q"' i/" Q/ `. l� G�_� Lolita P. Reitsma STATE OF MINNFSOTA ) )ss. COUNTY OF ANOKA ) On this �� day of �- �v , 1989 before me a Notary Public, within and for said County, personally appeared LOLITA P. REITSMA, a single person, to me known to be� the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed � —.r.v'.''^."^�a.r�,^��F EL1� -�' -y . i /...y ,,sa.\ i:0�.'.f! Ci:D�IC�iV�I'..��yr,.� f . l ,:x � -.� A�aki, Gour�ty � — 3 — ` � i' ;�' c'amm. �xp. 10•;5•90 _ = `;.s.��. t�1y �,. .r.': �. �r-..�-P'''°''+� ` IN WITNESS WHEREOF, the said parties have signed this Easement and Driveway Maintenance Agreement this 3� � day of �^ 989. � l� . Gre o M. Blindauer - �';� � �.L�.fk�,�D �� Ratherine S. Blindauer STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) On this ��S-day of ����,�_ �r1989 before me a Notary Public, within and for said County, personally appeared GREGORY M. BLINDAUER anc7 KATiiERINE S. BLINDAUER, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. KMM.^n.�.y�n..�-. "fPeMa^a.>�+�. ..���q.-q � �, f� '_;l .. �ir'l' ... F.. .^�''. :.(j i, � . . �. ,r.. � ty `� , . .. _ ' `0t.j � `:;'� f � " . IN WITNESS WHEREOF, the said party has signed this Easement and Driveway Maintenance Agreement this� day of �---�Y"• , 1989. � West STATE OF MINNESOTA ) )ss. COUNTY OF ANORA ) On this 31�' day of �nuc��� , 1989 before me a Notary Public, within and for said County, personally appeared FREGER A. WEST, a single person, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. ■ �n+,�nw „ ` ,���:` D��P�A A. N�IGESUN ������`��f��i!�Y PUE!IC—hi!(�NcSOTA �_ � � ' ^",1'� ' A�iQi(d CCl1i'IY � My Cemmis��c� Expires A�g. 17, 1994 . �NV�nMnM,w ' — 4—. ,' THIS IN5TRUMENT WAS DRAFTED BY: HERRICR & NEWMAN Suite 205 6401 University Avenue Northeast Fridley, MN 55432 -5-