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► , r r , t DRAINAGE AND UTILITIES EASEMENT THIS INDENTURE, made this day of January, 2005, by and between Jacob Holdings of Bohns Point LLC, a Minnesota limited liability company("Jacob Holdings"), and Adam T. LaFavre and Kathy LaFavre, husband and wife (together, "LaFavre"), Jacob Holdings and LaFavre hereinafter referred to collectively as "Grantors", and the City of Orono, a municipal corporation, hereinafter referred to as "Grantee". WITNESS, THAT Grantors, in consideration of the sum of One Dollar($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantors, do hereby grant, bargain, sell and convey to Grantee and its successors, a perpetual easement for drainage and utility purposes, including the right to construct and maintain the same, together with ingress, egress and access thereto over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: See attached Exhibit A which is made part of this document. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Jacob Holdings covenants that it is in fee title to the above property and LaFavre covenants that they have a purchasers interest to the above property under contract for deed with Jacob Holdings, and Grantars covenant that they have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: Encumbrances and other matters of record Grantors have executed this document the day and year set forth above. GRANTORS: JACOB�-IO�LDINGS OF BOHNS POINT LLC '�'_s--' , . Adam T. L avr ,� ; i' i�.�� ' � � $y: � � ��. Denn ` E. Hecker Kat iy Its Chief Manager and President Page 1 of 3 Doc# 1970276\1