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RIGHT OF ENTRY
<br />TEMPORARY EASEMENT TO CONSTRUCT BRIDGE
<br />Old Crustal Bay Road North
<br />Street Improvement Project
<br />This Agreement made this _ day of , 1993, between VCI Capital, Inc., a
<br />Minnesota corporation, its successors and assigns (hereinafter "Owner"), and the City of
<br />Orono, a Minnesota municipal corporation (hereinafter "City").
<br />1. Right to Construct Road and Bridte. The Owner hereby grants the City, its
<br />successors and assigns, the temporary right and easement over, under, across and through the
<br />real property located in Hennepin County, Minnesota, legally described in the attached
<br />Exhibit A which is made a part of this document (hereinafter "Property"), for the City to use
<br />and occupy the Property for the purposes stated herein, including but not limited to, the
<br />accommodation of equipment, tools, materials and excavated earth, at all times prior to June
<br />30, 1995. This easement includes the free right of the City, its contractors, agents and
<br />employees to enter over, under, upon and through the Property at all times prior to June 30,
<br />1995, for the purpose of facilitating the installation and construction of the public road and
<br />bridge on the land abutting and/or adjacent to the Property. This easement includes the right,
<br />with respect to the Property to: (1) excavate, fill and grade soil thereon, to remove trees,
<br />bushes, grass, and other structures which interfere with construction; (2) operate machinery
<br />and equipment on and over the Property, to store machinery, equipment, materials and
<br />supplies on the Property in connection with the construction of the public improvements; and
<br />(3) do what is necessary, useful or convenient for the enjoyment of the easement as granted
<br />herein. Following construction, the City will remove all machinery, equipment, materials,
<br />supplies and debris, return the Property to grade, replace the existing fence at a location on or
<br />near the Property acceptable to Owner, replace the surface soil with the original type of
<br />material, seed the Property, and leave the Property in a neat and presentable manner.
<br />2. Agreement Documents. This Agreement consists of this Agreement and
<br />Exhibit A.
<br />3. Covenant of Ownership. The Owner covenants that it is the record fee owner
<br />of the Property, that it has legal title to the Property and has lawful right and authority,
<br />without restriction, to convey and grant the right of entry and temporary easement as granted
<br />in this Agreement, subject only to the consent of any party having a record interest in the
<br />Property.
<br />357/2201796111/30/93
<br />CITY OF ORONO
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