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IL <br />FROM (FRI) 6.25 ’99 15:43/ST. 15:45A'0. 3700000072 P <br />6/24/99 <br />TRAIL easement AGREEMENT <br />This agreement is made and entered into this ^ dav of June 1999 bv <br /><md between Spring Hill Golf Club, a Minnesota nonprofit corporation (“Spring Hill"), and <br />^ ntunicipal corporation under the laws of the State of Minnesoia (the <br />L.iiy ). <br />Spring Hill is the owner of real estate described a$ follows; Lot 1 Block 1 <br />an Lot 1, Block 2, Spring Hill Golf Club, in accordance with the plat filed in the office of <br />the County Recorder in and for Hennepin County, Minnesota (the "Spring Hill Properly"). <br />As a part of Conditional Use Permits gi antcd to 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, tlic mutual covenants herein <br />contained and other good and valuable consideration the receipt and sutflclencv of which are <br />hereby acknowledged, the parties hereto hereby agree as follows: <br />1. Spring Hill hereby grants by quit claim to the City a non-exclusive <br />easement for a pedestrian and cross-country' ski trail purposes (the “Trail") and for no other <br />purpose over and across the property' described on Exhibit A attached hereto The clearing <br />on me easement granted by Spring Hill will be approximately four feet wide and the travclc <br />surface will be woodchips. <br />Trail along Spring Hill Road and along Tamarack <br />Dnye from the intersection with County Highw ay 6 North to the maintenance driveway for <br />Sonnet Hill Wak. it:ii________________• t • • .Spring Hill h;^ been constructed by Spring Hill except as provided in Paragraph 4 hereof <br />by^tlw^ity^” “punch list” letter which is dated conicmpcrancously herewith and accepted <br />3- The Trail on Tamarack Drive north of the maintenance driveway for <br />Spimg Hill up to Wetland No. 12 is subject to tuturc design and construction. Spring Hill <br />will, at its expense, construct the Trail north of the maintenance drivew'ay 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 />lo<^ within the easement granted by Spring Hiii shaii be reasonabiy acceptabie to Spring <br />Hill and the City md further provided that Spring Hill shall ha've no. responsibility for any <br />construction within Wetland No. 12 or North thereof..