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11-12-2019 Council Packet
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11-12-2019 Council Packet
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11/13/2019 11:27:42 AM
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3216116.v2 <br />______________________________________________________________________________ <br />(Above Space Reserved for Recording Data) <br />PARTIAL RELEASE AND VACATION OF GRANT OF <br />PERMANENT EASEMENT FOR PUBLIC TRAIL PURPOSES <br /> <br />This Partial Release and Vacation of Grant of Permanent Easement for Public Trail <br />Purposes (“Release”) is made effective as of the date of recording of this Release by WEEKLEY <br />HOMES, LLC, a Delaware limited liability company (“Owner”), and the CITY OF ORONO, a <br />Minnesota municipal corporation (the “City”). <br /> <br />WHEREAS, Owner is the record owner of real property located in the City of Orono, <br />Hennepin County, Minnesota, legally described on Exhibit A hereto (the “Property”); and <br />WHEREAS, OP5 ORONO, LLC, a Minnesota limited liability company (the <br />“Grantor”) granted to the City a permanent easement for public trail purposes pursuant to that <br />certain Grant of Permanent Easement for Trail Purposes dated September 16, 2016, and recorded <br />in the Office of the County Recorder in and for Hennepin County, Minnesota on October 18, <br />2016 as Document Number A10369460 (the “Easement”) over, across, on, under and through <br />the land legally described on Exhibit B attached hereto (the “Easement Premises”) which said <br />Easement Premises includes portions of the Property; and <br />WHEREAS, the parties hereto desire to have the Easement partially released and <br />vacated solely as to that portion of the Property legally described on Exhibit C (the “Vacated <br />Easement Area”) in accordance with the terms hereof. <br />NOW, THEREFORE, Owner and the City hereby enact this Release for the purposes <br />hereinafter set forth. <br />1. Recitals. The foregoing recitals are true and correct and hereby incorporated <br />herein by this reference. <br />2. Capitalized Terms. Any capitalized term used herein but not otherwise defined <br />herein shall have the meaning assigned to such term in the Easement.
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