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TRANSFER ENTERED <br />HENNEPIN COUNTY TAXPAYM JERVIM <br />NOV 12 1996 <br />H INN. <br />gY DEPUTY <br />�� 71 <br />Z <br />This Agreement, made thisy day of , 1996, between Robert J. <br />Will and Ann M. Will, their successors and assigns (hereinafter "Owner"), and the City of <br />RIGHT OF ENTRY 66683€bra <br />EASEMENT TO CONSTRUCT TRAIL <br />Old Crystal Bay Road North <br />Street Improvement Project <br />Orono, a municipal corporation (hereinafter "City") <br />Right to Construct Trail. The Owner hereby grants the City, its successors and <br />assigns, the temporary right and easement over, under, across, and through the real property <br />located in Hennepin County, Minnesota, legally described in the attached Exhibit A which is <br />made a part of this document (hereinafter "Property"), for the City to use and occupy the Property <br />for the purposes stated herein, including but not limited to, the accommodation of equipment, <br />tools, materials, and excavated earth, at all times prior to November 15, 1996. This easement <br />includes the free right of the City, its contractors, agents, and employees to enter over, under, <br />upon, and through the Property at all times prior to November 15, 1996, for the purpose of <br />facilitating the installation and construction of the public trail on the land abutting and/or <br />adjacent to the Property. This easement includes the right, with respect to the Property to: (1) <br />excavate, fill, and grade soil thereon, to remove trees, bushes, grass, and other structures which <br />interfere with construction; (2) operate machinery and equipment on and over the Property, to <br />store machinery, equipment, materials, and supplies on the Property in connection with the <br />construction of the public improvements; and (3) do what is necessary, useful, or convenient for <br />the enjoyment of the easement as granted herein. Following construction, the City will remove <br />all machinery, equipment, materials, and supplies and leave the Property in a neat and <br />presentable manner with all disturbed areas reseeded to grass. <br />2. Aueement Documents. This Agreement consists of this Agreement and Exhibit A. <br />3. Covenant of Ownership. The Owner covenants that it is the record fee owner of the <br />Property, that it has legal title to the Property and has lawful right and authority, without <br />restriction, to convey and grant the right of entry and temporary easement as granted in this <br />Agreement. <br />Parcel 5 <br />PID 33-118-23-43-0006 <br />