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5. Binding Effect. The terms, provisions and easement provided herein shall inure to <br /> the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the <br /> Owners. The covenants, agreements and easement contained herein shall be deemed to run with, <br /> burden and benefit the Property. <br /> 6. Termination of Easement. In the event that the use of the Easement Area is at any <br /> time discontinued by the City, the City shall have the right, but not the duty, to enter further upon <br /> the Easement Area and remove all or any portion of the public access system that has been placed <br /> thereon, subject to all of the terms and conditions herein set forth. <br /> IN TESTIMONY WHEREOF,this Agreement has been executed by the parties hereto as <br /> of the day ad year first above written, subject to all of the term and conditions herein set forth. <br /> OWNERS: <br /> dL"Vtoc a!:i�- <br /> RICHARD MARTIN FRANZEld <br /> a/k/a R.M. FRANZEL <br /> <& C) &AA <br /> DOROTHEA HOLM FRANZEL <br /> STATE OF MINNESOTA ) <br /> (Ss. <br /> COUNTY OF HENNEPIN ) c <br /> The foregoing instrument was acknowledged before me this 16! day of <br /> 2010, by RICHARD MARTIN FRANZEL a/k/a R.M. FRANZEL and <br /> DOROTHEA HOLM FRANZEL,husband and wife, as Grantors. <br /> aaz <br /> BARBARA G.SILOS (4w � <br /> NOTARY PUBLIC-MINNESOTA N TARY PU LIC <br /> My Commission Expres Jan.31,2013 <br /> 151265v02 3 <br /> SRN:04/27/2010 <br />