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.4-1W.4 - 1:1 " �
<br />THIS INDBNTORB, made this 2 day of , /a �curyr�l ,
<br />19, between da-,& (�[g.r. , U„_�/•y..<fL�s �11(�� i. `
<br />of the County of and-�u a State of
<br />(hereinafter re erre to as "Owner"), for themselves, their heirs,
<br />successors and assigns, and the City of Orono, a municipal corporation
<br />under the laws of the State of Minnesota (hereinafter referred to as
<br />"City").
<br />N I T N B S S B T H:
<br />Owner, in consideration of the sum of One Dollar ($1.00) and
<br />other good and valuable consideration to Owner in hand paid by the City,
<br />the receipt and sufficiency whereof is hereby acknowledged, does Grant,
<br />Bargain, Quitclaim, and Convey unto the City, forever, the following
<br />perpetual easement over and under and across real property located in the
<br />County of Hennepin and the State of Minnesota, and legally described in
<br />Exhibit A attached hereto (hereinafter referred to as the "Easement
<br />Parcel").
<br />Said easement includes the free right to enter upon, under and
<br />over the Easement Parcel, to r:.r•,c `rees, brush, grass and dirt and other
<br />structures therefrom, to construct, maintain, repair and use sanitary
<br />�y yIlsewers (hereinafter referred to as "Public Improvements") and to enter upon
<br />l The Easement Parcel for the purpose of inspecting, maintaining, repairing,
<br />removing and reconstructing such facilities, including the right to
<br />maintain sufficient quantity of soil over any such underground facilities
<br />required to prevent the freezing of liquids therein. The City shall return
<br />the area it disturbs to grade and sod the same and replace the surface soil
<br />with the original type material, except in the case of any area to be used
<br />for street and other improvements related thereto.
<br />Owner agrees that the Easement Parcel shall not be encroached
<br />upon by filling, excavation, erection of buildings or permanent enclosures,
<br />which would interfere with the Public Improvements or which would otherwise
<br />obstruct access thereto in any manner whatsoever.
<br />In the event that use of the Easement Parcel is at any time
<br />discontinued by the City, the City shall have the right, but not the duty,
<br />to enter further upon the premises and remove all or any portion of the
<br />Public Improvements which have been placed upon, over or under the Easement
<br />Parcel, granted herein, by the City.
<br />The terms and provisions of this instrument shall run with the
<br />premises and shall extend to and be binding upon Owner, its heirs, personal
<br />representatives, successors and assigns.
<br />The Owners convenant that they are the record fee owners of the
<br />Easement Parcel and have legal title thereto and have lawful right and
<br />authority, without restriction, to convey the easement as herein granted.
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