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and to do and perform on the Easernent Premises such acts as are not inconsistent with <br /> the easement rights granted to the City herein, Such uses shali be deemed to include, but <br /> not be Iimited to planting of trees, flowers, and other vegetation consistent with a <br /> conservation easement; walking along trails and paths; bird watching;the study of nature; <br /> and aIl other acts of a similar nature or purpose. <br /> 4. Grant of Flow�e Easement. Grantors hereby grant, gift, quit claim and convey to the <br /> City a perpetua.l flowage easement and right and privilege to trespass with water over and <br /> upon any or all of the Easement Premises. <br /> 5. Release. Grantors hereby remiss,reiease, acquit and forever discharge, forever,the City <br /> and any and all of its officers and employees of and from any and all claims, demands or <br /> causes of action of any kind ar nature whatsoever which may arise or accrue by virtue of <br /> any flowage or trespass�rith water over and upon any or ali of the Easement Premises <br /> within the terms of this Agreement. <br /> 6. No �mplied Easement. None of the Easement Premises shall be 'vmplied to include the <br /> drainage and utility easements as dedicated on the plat of Ba}Tside Berry Farm, Hennepin <br /> County, Minnesota(the "Plat"). The Easement Premises shall only include the area <br /> depicted on the Plat as the "Drainage Easement." <br /> 7. No Public Interest. Nothing contained herein or the dedication in the Plat shall be <br /> constxued as creating any use rights in the general public or as dedicating for public use <br /> any portion of the Easement Premises, except as expressly described in this Agreement. <br /> 8, Amendment. This Agreement may be amended only by an instrument signed by the City <br /> and the Grantors, or its respective heirs, successors and assigns in interest to the <br /> Easement Premises. <br /> IN WITNESS WHERE�F,the Grantors hereto have executed this easement effective <br /> as of the day and year set farth above. <br /> GRANTORS: <br /> � /�,-�� �-.� �-- <br /> Joh . Biglow, e Attorney-in-Fact for Peter <br /> . Rennebo and Sharon A. Rennebohm <br /> 3 <br /> 179312v4 <br />