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FROM (FRO 6. 25'99 13:43/ST. 15:45/?’C. 3700000072 ? 5 <br />6/24/99 <br />!■TRAIL EASEMENT AGREEMENT <br />h- <br />0. <br />THIS AGREEMENT is made and entered into this day of June, 1999, by <br />and between Spring Hill Golf Club, a Minnesota nonprofit corporation (“Spring Hill’'), and <br />the City of Orono. a municipal corporation under the laws of the State orMinne.soia (the <br />“City"). <br />Spring Hill is the owner of real estate described as follows: Lot 1, Block 1, <br />ick 2, Spring Hill Golf Club, in acce <br />the County Recorder in and for Hennepin County <br />and Lot 1, Block 2, Spring Hill Golf Club, in accordance with the plat filed in the office of <br />ler in and for Hennepin County, Minnesota (the “Spring Hill Properly"). <br />As a part of Conditional Use Permits granted lo Spring Hill for the <br />construction and operation of a golf course. Spring Hill has agreed to grant to the City a trail <br />easement. <br />Accordingly, In consideration of One Dollar, the mutual covenanis herein <br />contained and other good and valuable consideration the receipt and sufficiency of which are <br />hereby acknowledged, the parties hereto hereby agree as follows: <br />1.Spring Hill hereby grants b>* quit claim lo the City a non-cxclusive <br />easement for a pedestrian and cross-country ski trail purposes (the “Trail”) and for no other <br />purpose over and across the propert)' described on Exhibit A attached hereto. The clearing <br />on the easement granted by Spring Hill will be approximately four feet wide and the traveled <br />surface will be woodchips. <br />2.The portions of the Trail along Spring Hill Road and along Tamarack <br />*Drive from the intersection with County Highway 6 North to the maintenance driveway for <br />Spring Hill has been constructed by Spring Hill except as provided in Paragraph 4 hereof, <br />and that certain “punch list” letter which is dated conicmporancously herewith and accepted <br />by the City. <br />3.The Trail on Tamarack Drive north of the maintenance driveway for <br />Spring Hill up to Wetland No. 12 is subject to tuture design and construction. Spring Hill <br />will, at its expense, construct the Trail north of the maintenance driveway to Wetland No. 12 <br />upon the request of the City provided that the location of the Trail to the extent that it Is <br />*located within the easement granted by Spring Hill shall be reasonably acceptable to Spring <br />Hill and the City and further provided that Spring Hi!! shall have no. responsibility for any <br />construction within Wetland No. 12 or North thereof..