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12 q5 8nar is rte <br />7 K"Z <br />THIS INDENTURE, made this 29th day of July , 1990, <br />between Alexander J. Jentilucc t and Diane F. Jentilucci, husband <br />and wife, of the County of ennepin and of the <br />State of Minnesota , (hereinafter referred to as "Owner"), <br />for themselves, their successors and assigns, and the City of <br />Orono, a municipal corporation under the laws of the State of <br />Minnesota (hereinafter referred to as "City"). <br />Owner, in consideration of the sum of One Dollar ($1.03) and <br />other good and valuable consideration to Owner in hand paid by the <br />City, the receipt and sufficiency whereof is hereby acknowledged, <br />does grant, bargain, quitclaim, and convey unto the City, forever, <br />the following perpetual easement over, under and across real <br />property located in the County of Hennepin and the State of <br />Minnesota, and legally described in the attached Exhibit A <br />(hereinafter referred to as the "Easement Parcel"). <br />Said easement includes the free right to enter upon, under and <br />over the Easement Parcel, to remove trees, brush, grass and dirt <br />and other structures therefrom, to construct, maintain, repair and <br />use storm sewers and water pipes, manholes, lift and pump stations, <br />drainage ways and other improvements related thereto (hereinafter <br />referred to as "Public Improvements") and to enter upon the <br />Easement Parcel for thQ purpose of inspecting, maintaining, <br />repairing, removing and reconstructing such facilities, including <br />the right to maintain sufficient quantity of soil over any such <br />underground facilities required to prevent the freezing of liquids <br />therein. The City shall return the area it disturbs to grade and <br />seed the same and replace the surface soil with the original type <br />materials, except in the case of any area to be used for street and <br />other related improvements. <br />Owner agrees that the Easement Parcel shall not be encroached <br />upon by filling, excavation, erection of buildings or permanent <br />enclosures, which would interfere with the Public Improvements or <br />which would otherwise obstruct access in any manner. <br />In the eient that use of the Easement Parcel is at any time <br />discontinved by the City, the City shall have the right, but not <br />the duty, to enter further upon the premises and remove all or any <br />portion of the Public Improvements which it may have :laced upon, <br />over or under the Easement Parcel, granted herein. <br />The terms and provisions of this instrument shall run with the <br />p_emises and shall extend to an be binding upon Owner, its <br />representatives, successors and assigns. <br />TRANSm <br />W. a"WM TAX a MALJC NOW <br />-3- SEP 20 17 <br />ojt!jfoEPun <br />