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, � ., ` / � � ,_ J ✓ Tt�Af��F�� R�CC� HENNEPIN COUNTY TAXPAYER SERVICE� APR 2 3 2007 �_ �vN. sY .��7�"��urr (reserved for recording rnformation) GRANT OF PERMANENT FLOWAGE EASEMENT INSTRUMENT made this �� day of �' l% , 2006, by and between Edson Spencer and Harriet Spencer, husband and wife, the Grantors, and the CITY OF ORONO, a Minnesota municipal corporation ("City"). WITNESSETH: The Grantors, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a permanent flowage easement for the purposes set forth in this instrument, over, under, and across the property described in the legal description and site plan attached hereto as Exhibit A (the "Easement Premises"). The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant and agree as follows: l. Grantors hereby grant, gift, quit claim and convey to the city, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Premises. 2. Grantors for themselves, their heirs, successors and assigns, further grant the City the affirmative right, but not the obligation to do the following on the Easement Premises: A. Preserve, improve, and enhance the flowage easement by making changes to slope, trees, vegetation, and natural habitat including altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the Easement Premises at any time to enforce compliance with the terms of this instrument. 3. Grantors reserve for themselves and for their heirs, successors and assigns and their invitees, the right to enter upon the Easement Premises and to do and perform on the Easement Premises such acts as are not inconsistent with the easement rights granted to the City herein. Such uses shall be deemed to include, but not be limited to planting of trees, flowers, and other vegetation consistent with a flowage easement; and all other acts of a similar nature or purpose. 4. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the City and any and all of its officers and employees of and from any and all claims, demand or causes of action of any kind or nature whatsoever which may arise or 125005 1 Gwranty Titte,Inc. �ox 163 S 2�124