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n <br />FRANS Mil 4mG�7, 78 <br />Vv 4 a t l.,F <br />K JUN 24 1997 RIGHT OF ENTRY <br />.QEASEMENT TO CONSTRUCT TRAIL <br />MiNN. <br />Dr.PUTY Old Crystal Bay Road North <br />Street Improvement Project <br />This Agreement, made this �1� day of �}p�l9A y_, 199 , between William <br />Douglas Hile and Kimberly B. Hile, husband and wife, and their successors and assigns <br />(hereinafter "Owner"), and the City of Orono, a municipal corporation (hereinafter "City"). <br />1. 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 th real proper; <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 <br />Property for the purposes stated herein, including but not limited to, the accommodation of <br />equipment, tools, materials, and excavated earth, at all times prior to September 30,19_.27 <br />This easement includes the free right of the City, its contractors, agents, and employees to enter <br />over, under, upon, and through the Property at all times prior to September 30 y19971 <br />for the purpose of facilitating the installation and construction of the public trail on the land <br />abutting and/or adjacent to the Property. This easement includes the right, with respect to the <br />Property to: (1) excavate, fill, and grade soil thereon, to remove trees, bushes, grass, and other <br />structures which interfere with construction; (2) operate machinery and equipment on and over <br />the Property, to store machinery, equipment, materials, and supplies on the Property in connection <br />with the construction of the public improvements; and (3) do what is necessary, useful, or <br />convenient for the enjoyment of the easement as granted herein. Following construction, the City <br />will remove all machinery, equipment, materials, and supplies and leave the Property in a neat <br />and presentable manner with all disturbed areas reseeded to grass. <br />2. Agreement Documents. This Agreement consists of this Agreement and Exhibit A. <br />3. Covenant of Ownershio. The Owner covenants that it is the record fee owner of <br />the 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 />26722126234 11/18196 <br />