RecDoc 2022-010589 Maple St - Laserfiche WebLink

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1. Access Easement. Grantor grants Grantee a floating easement across the Blomquist Buffer (the "Access Easement"), which Grantee may use to locate and install a single combined driveway and pedestrian pathway to provide ingress and egress to and from the future improvements on the City Parcel and the Blomquist Extension (the "Access Improvements"). The Access Easement shall have a maximum width at any point of forty (40) feet. (a) Grantee shall bear all expenses of any traffic studies that Grantor deems necessary in its reasonable discretion, to confirm feasibility and safety of the Access Improvements. (b) Grantee's right to install the Access Improvements shall be subject to Grantor's approval in its reasonable discretion as to location, dimensions and specifications of the Access Improvements. (c) Once the location and dimensions of the Access Improvements have been finally determined and constructed, the floating Access Easement shall be converted to an easement defined by such specific location and dimensions, plus secondary access rights as may reasonably be required by Grantee from time to time for necessary maintenance and repairs of the Access Improvements, and the remainder of the Blomquist Buffer shall no longer be subject to the Access Easement. Promptly following either party's written request delivered at any time following completion of the Access Improvements, the parties shall prepare a precise metes and bounds legal description of the Access Easement, and execute, acknowledge and record an amendment to this Grant of Easements adding a new Exhibit specifying such precise metes and bounds legal description of the Access Easement area. 2. Utility Easement. Grantor grants Grantee a floating easement across the Blomquist Buffer (the "Utility Easement"), which Grantee may use to locate and install one or more underground lateral utility lines to connect utility lines in the Blomquist Extension to the City Parcel to provide utility service to the future improvements on the City Parcel (the "Utility Improvements"). (a) Grantee shall endeavor to consolidate separate Utility Improvements to the extent feasible, to limit the number of trenches and installations required to cross the Blomquist Buffer. Grantee also shall endeavor to consolidate the timing of separate installations of Utility Improvements to the extent feasible, to limit the occasions requiring excavation and other work disturbing the Blomquist Extension and Blomquist Buffer. (b) Grantee's right to install each of the Utility Improvements shall be subject to Grantor's approval in its reasonable discretion as to location, dimensions and specifications of the Utility Improvements. (c) Once the specific location and dimensions of a particular Utility Improvement has been finally determined and constructed, the floating Utility Easement REV: 01-21-2022 SK ATTY/AGR.2022.010.7/City- County Land Swap (Page 2 of 10)