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EASEMENT AGREEMENT <br />THIS AGREEMENT, made this; day of tt , 1998, between <br />STONEGATE FARM, INC., a Minnesota corporation, ("Owner"), and the City of Orono, a <br />Minnesota municipal corporation ("City"). <br />RECITALS: <br />A. Owner is the holder of a fee simple interest in property located in Hennepin <br />County, Minnesota, which is legally described on Exhibit "A" attached hereto and <br />made a part hereof ("Property"). <br />B. The City desires certain easements for the purposes hereafter set forth, and Owner <br />has agreed to grant such easements upon the terms and conditions contained <br />herein. <br />NOW, THEREFORE, in consideration of the sum of Ten Dollar, ($10.00) and other good <br />and valuable consideration given to Owner by the City, the receipt and sufficiency of which is <br />acknowledged, it is agreed: <br />AGREEMENTS <br />Grant of Easements. <br />a. Owner hereby grants to the City for the benefit of the public, a permanent, <br />nonexclusive easement over, across and upon that portion of the Property <br />legally described on Exhibit B attached hereto and made a part hereof (the <br />"Easement Area") for the purposes of constructing, reconstructing, <br />maintaining, repairing and use of a biking and hiking trail system and all <br />appurtenances thereto, including, without limitation, signage (hereinafter <br />referred to as "Public Improvement"). <br />b. Owner hereby grants for the benefit of the City, a temporary, exclusive <br />construction easement (the "Temporary Easement") over, across and upon <br />that portion of the Property legally described on Exhibit C attached hereto and <br />made a part hereof (the "Temporary Easement Area") for the purpose of <br />constructing the Public Improvement. <br />2. Term of Temporary Easement. The Temporary Easement shall expire on the <br />earlier of (i) completion of construction of the Public Improvement; or (ii) June 1, <br />1999, at which time the Temporary Easement is terminated and of no further force <br />and effect. <br />3. Maintenance. The City shall maintain at its own expense the Easement Area. <br />Said maintenance obligation shall include, without limitation, keeping the same in <br />good and safe condition for the purpose granted herein and reasonably free and <br />clear of foreign objects, debris and obstructions. <br />