2006-02-06 Access AgreementSPACE ABOVE THIS LINE FOR RECORDER'S USE
ACCESS EASEMENT
GRANITE-TOPS, LLC, a Minnesota limited liability company (hereinafter
"Granite"), and GEM DEVELOPMENT, LLC, a Minnesota limited liability company
(hereinafter "GEM"), hereby grant perpetual, reciprocal easements of access according to
the following terms:
1. Granite owns real property legally described as Lot One (1), Block One (1), GEM
BUSINESS PARK SECOND ADDITION, according to the plat and survey thereof on
file and of record in the Office of the County Recorder in and for Wright County,
Minnesota ("Granite Property").
2. GEM owns real property legally described as Lot Two (2), Block One (1), GEM
BUSINESS PARK SECOND ADDITION, according to the plat and survey thereof on
file and of record in the Office of the County Recorder in and for Wright County,
Minnesota ("GEM Property").
3. Granite shall permit vehicular and pedestrian ingress and egress to and from the GEM
Property over that part of the Granite Property legally described on the attached Exhibit
A and GEM shall permit vehicular and pedestrian ingress and egress to and from the
Granite Property over that part of the GEM property legally described on the attached
Exhibit B (collectively the property identified on Exhibits A and B shall be referred as to
as the "Shared Private Driveway").
4. The benefited and burdened properties under this Agreement are the Granite Property
and the GEM Property.
5. The determination of necessary repairs and maintenance and the coordination of
services for the repair and maintenance of the Shared Private Driveway shall be made
by the owner of the Granite Property. The cost of maintenance and repair of the
Shared Private Driveway shall be borne by the owner of the Granite Property and the
owner of the GEM Property as follows:
EXHIBIT A
to
Access Easement
Beginning at the southeast corner of said Lot l; thence North 00 degrees 23 minutes 41
seconds East, plat bearing, along the East line of said Lot 1, a distance of 330.75 feet;
thence South 88 degrees 41 minutes 13 seconds West, a distance of 97.15 feet; thence
South 00 degrees 48 minutes 23 seconds East, a distance of 71.21 feet; thence South 71
degrees 48 minutes 35 seconds East, a distance of 71.66 feet; thence South 00 degrees 23
minutes 41 seconds West parallel with said East line, a distance of 237.12 feet to the
South line of said Lot l; thence South 73 degrees 13 minutes 36 seconds East along said
South line, a distance of 26.06 feet to the Point of Beginning.
EXHIBIT B
to
Access Easement
Beginning at the southwest corner of said Lot 2; thence North 00 degrees 23 minutes 41
seconds East, plat bearing, along the West line of said Lot 2, a distance of 330.75 feet;
thence North 88 degrees 41 minutes 13 seconds East, a distance of 83.91 feet; thence
South 1 degree 18 minutes 47 seconds East, a distance of 85.50 feet; thence South 88
degrees 41 minutes 13 seconds West, a distance of 61.44 feet; thence South 00 degrees
23 minutes 41 seconds West parallel with said West line, a distance of 253.30 feet to the
South line of said Lot 2; thence North 73 degrees 13 minutes 36 seconds West, a distance
of 26.06 feet to the Point of Beginning.
STATE OF MINNESOTA
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COUNTY OF ~' ~ q ~j
This instrument was acknowledged before me on February (~1, 2006, by James F.
Cameron, the President/Chief Manager of GRANITE-TOPS, LLC, a Minnesota limited
liability company, on behalf of the company.
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NOTARY PUBLIC
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STATE OF MINNESOTA
COUNTY OF ~ U ,~I "~
ss.
T is instn.iment/, was acknowledged before e o~} February r;7 2006, by
~d~ll~ ~ l: (~~~ ~~~~~ the E'S~df'~~ of
GEM DEVELOPMENT, LLC, a Minnesota limited liability company, on behalf of the
company.
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NOTARY PUBLIC
Prepared by and when recorded return to:
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
3800 Eighth Street North, Suite 102
Saint Cloud, Minnesota 56303
Attention: Aaron J. Crandall
2695996.4
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NotaFy P~daNc
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a. Until commencement of construction on the GEM Property, and for a period of
two (2) years after commencement of a permanent building on the GEM Property,
the owner of the Granite Property shall be responsible for 100% of the
maintenance and repair of the Shared Private Driveway, except for repairs,
maintenance, improvements or modifications which are required for (i)
construction on the GEM Property, (ii) are solely related to the use of the GEM
Property, or (iii) or are necessary through the acts or omissions of the owner of
the GEM Property, or its agents, employee or invitees.
b. Thereafter, all maintenance and repairs of the Shared Private Driveway shall
be shared 60% by the owner of the Granite Property and 40% by the owner of the
GEM Property.
6. Except for temporary and reasonable activities required in connection with
construction, maintenance, repair and replacement, no obstruction which would
prevent, unreasonably restrict or otherwise inhibit the passage of pedestrians or
vehicles over any portion of the Shared Private Driveway shall be erected, condoned
or permitted by the owner of any property benefited by the Shared Private Driveway,
its tenants,"invitees or licensees, nor shall any other conduct, passive or affirmative,
including but not limited to the parking or storage of vehicles, be permitted which
would in any manner unreasonably restrict the rights of the respective owners of any
of the benefited property, their tenants, invitees and licensees to fully utilize the
shared private driveway for the purposes permitted herein. However, in no event
shall any owner allow any construction-related traffic that will cause damage to the
shared driveway to utilize the shared driveway, nor shall any owner allow traffic to
use said shared driveway which has a weight rating which exceeds the weight rating
for which said shared driveway was designed and constructed.
7. The owner of the Granite Property and the owner of the GEM Property shall each
maintain commercial general liability insurance against claims for bodily injury,
death or property damage occurring in or .upon the Shared Private Driveway in
commercially reasonable amounts.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the
date set forth below.
GRANITE-TOPS, LLC
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GEM DEVELOPMENT, LLC
By: ~.~~-----.
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Date: ~ -~- -U~
2695996.9 2