Van Dale Addition drainage easement

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af,pa m � CIL�57►9-t- 89y &t N�S�s C"7*'� EASEMENT AGREEMENT THIS AGREEMENT, made this Le�day of `G , 199/, between VCI CAPITAL, INC., f/k/a Van Dale Companies, Inc., f/k/a EDA, Inc., a Minnesota corporation, ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). OWNERSHIP DEFINED Owner covenants that it is the fee simple owner of property located in Hennepin County, Minnesota, which is legally described as: ("Property"). Lots 1 and 2, Block 1, Van Dale Addition, according to the map or plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota TERMS OF EASEMENT The City requires a perpetual, nonexclusive easement for drainage purposes over, under and across the following described property: The north 80.0 feet of the south 120.0 feet of the west 10.0 feet of Lot 1; and the south 40.0 feet of the west 10.0 feet of Lot 2, all in Block 1, Van Dale Addition, according to the map or plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota ("Easement Area"). 1. Owner's grant of the easement over the Easement Area to the City includes the free right of the City to enter upon, under and over the Easement Area, to remove grass and dirt therefrom, to construct, maintain, repair and use a drainage culvert (hereinafter referred to as "Public Improvement") and to enter upon the Easement Area for the purpose of inspecting, maintaining, repairing, removing and reconstructing the Public Improvement. 2. The City shall return the area it disturbs within the Easement Area to grade, seed the same and replace the surface soil with the original type of material. 3. Owner agrees that the Easement Area shall not be encroached upon by fill, excavation, erection of buildings or permanent enclosures, fences or walls, or other obstructions which would interfere with, or which would otherwise obstruct access to, the Public Improvement in any manner. 267/22125048 1/8/97