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1 <br /> TRANSFER ENTft ,® y V WY A <br /> NENNOW COMT[Tp,X AYfflSUiYM <br /> pot. v\ - 33 +19 S3 <br /> AUG 8 2000 <br /> EASEMENT AGREEMENT <br /> MINN. <br /> DCPUTY <br /> = h <br /> THI GREEMENT is made as of this/5�—day of 'u /i-e— . 2000 between WSI <br /> INDUSTRIES, INC., a Minnesota corporation, (the "Owner"), and THE CITY OF ORONO, a <br /> municipal corporation(the"City"). <br /> RECITALS: <br /> A. Owner is the fee owner of certain real property located in Hennepin County,Minnesota and <br /> legally described in Exhibit A hereto (the"Property"). <br /> B. The City requires (a) an easement for a lift station (the "Public Improvement") over and <br /> across that certain portion of the Property as depicted on Exhibit B and legally described.on <br /> Exhibit C(the"Improvement Easement Area")and(b)an easement for access from Highway <br /> 12 to the Improvement Easement Area over and across that certain portion of the Property <br /> as depicted on.Exhibit.B and legally described on Exhibit D(the"Access Easement Area"). <br /> The Improvement Easement Area and the Access Easement Area are collectively referred <br /> to in this Agreement as the`Basement Area". <br /> C. Owner has agreed to grant the Easements described above subject to the terms and conditions <br /> of this Easement Agreement. <br /> IT IS AGREED: <br /> 1. Grant of Easement. Owner hereby grants to the City (a) an easement for the <br /> construction, maintenance, repair and use of the Public Improvement over and across the <br /> Improvement Easement Area(the"Improvement Easement")and(b)an easement for vehicular and <br /> pedestrian access over and across the Access Easement Area (the "Access Easement"). The <br /> Improvement Easement and.the Access Easement are collectively referred to in this Agreement as . <br /> the"Easements". The grant of the Easements described in this Section 1 specifically includes the <br /> right of the City to enter upon the Improvement Easement Area(i)to remove trees,brush,grass,dirt, <br /> and structure from the Improvement Easement Area and(ii)to construct,maintain,repair,inspect, <br /> use,remove and reconstruct,as necessary from time to time and at the City's sole cost and expense, <br /> the Public Improvement. The City shall have no rights to construct, maintain, repair, remove or <br /> reconstruct any portion of the Access Easement Area. The City's rights with respect to the Access <br /> Easement Area are specifically limited to vehicular and pedestrian access. <br /> 2. Restoration of Area. Upon completion of any construction within the Improvement <br /> Easement Area and upon removal of the Public Improvement,the City shall,at the City's sole cost <br /> and expense,return any portion of the Improvement Easement Area disturbed by such construction <br /> and/or removal to grade, seed the same, and replace the surface soil with the original type of <br /> material. <br /> Doc# 1226653\3 <br />