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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 limited 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 a11 other acts of a similar nature or purpose. <br /> 4. Grant of Flowage Easement. Grantors hereby grant, gift, quit claim and convey to the <br /> City a perpetual flowage easement and right and privilege to trespass with water over and <br /> upon a.ny or all of the Easement Premises. <br /> 5. Release. Grantors hereby remiss,release, acquit and forever discharge, foxever,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 or nature whatsoever which may arise or accrue by virtue of - <br /> any flovvage or trespass with water over and upon any or all of the Easement Premises , <br /> within the terms of this Agreerrxent. <br /> 6. No Implied Easement. None of the Easement Premises shall be im.plied to include the <br /> drainage and utility easements as dedicated on the plat of Bayside 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 /> construed 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. .Amendrnent. This Agreement may be amended only by an instrument signed by the City <br /> and the Grantors, or its respective heirs, successors and assigns i.n 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 forth above. <br /> GRANTORS: <br /> �= �=�� �� F- <br /> Joh . Biglow, e Attorney-in-Fact for Peter <br /> . Rennebo and Sharon A. Rennebohm <br /> 3 <br /> 179312v4 <br />