Permanent Drainage/Access Easement/Agreement

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(reserved for recording information) PERMANENT DRAINAGE/ACCESS EASEMENT AND AGREEMENT AGREEMENT made this day of&kjq1Q1.J/ , 2012, by EDWIN C. GAGE and BARBARA C. GAGE, husband and wife, hereinafter referred to as "Grantors", and the CITY OF ORONO,a Minnesota municipal corporation("City"). The parties hereby agree as follows: 1. The Grantor is the record fee Grantor of that certain parcel of land situated in the City of Orono, County of Hennepin, State of Minnesota, legally described on the attached Exhibit "A" (the "subject property'). 2. In conjunction with the Stubbs Bay Ravine Project, being constructed by the City, the Grantor hereby grants the City: • a permanent easement for public drainage and utility purposes over, across, on, under, and through the subject property as described on the attached Exhibit"B" and depicted on the attached Exhibit "C", including the rights of the City, its contractors, agents, servants, and assigns,to enter upon the easement premises at all reasonable times and upon at least three (3) business days notice to Grantor, to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on,under, and through the easement premises,together with the right to grade, level, fill, drain, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. By accepting this easement for public drainage and utility purposes, the City acknowledges that it is entering the subject property described herein at its own risk. 156978v02 1 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.)