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ROAD AND UnUTIES EASEMENT
<br />THIS INDENTURE, tr,*de this____day of j 1990 by and
<br />between WHITNEY MacMILLAN and ELIZABETH S. MacMILLAN, husband and
<br />wife LONGRIDGE ASSOCIATES, a partnership formed under the hCniwsota
<br />Unifonn Partnership Act, and CARGILL MacMILLAN, JR., WHITNEY MacMILLAN
<br />and PAULDSiE M. KEINATH, as Trustees of that certain trust created by a trust
<br />asreement dated December 30,1968 between Pauline W. MacMillan, as Donor, and
<br />Careill MacMillan, Jr., Whitney MacMillan and Pauline M. Keinath, as Trustees,
<br />herdnafter referred to as "Grantors", and the Oty of Orono, a municipal
<br />corporation, under the laws of the State of MinnesoU, hereinafter referred to as
<br />-Grantee".
<br />WITNESSETH, that Grantors, in consideration of the sum of One Dollar
<br />($1.00) and for other good ano valuable consideration given by Grantee, the receipt
<br />of which is acknowledged by Grantors, do hereby grant, bargain, sell and convey to
<br />Grantee, its successors and assigns, an easement for public ingress, egress, access,
<br />road and utilities purposes and uses, on, across and under the land in the County of
<br />Hdmepin and State of Minnesota, as follows:
<br />OUTLOT C, MacMILLAN ADDITION, according to the recorded plat thereof;
<br />including, but not by way of limitation, a fuU and free right and authority to enter
<br />upon said land to construct. Install, maintain, operate, and repair a sanitary sewer
<br />interceptor, lift station, main or line, a water main or Une, giavel or paved road and
<br />any and all appurtenances including drainage control structures, incidental and
<br />related thereto, (such are hereafter collectively referred to as the Improvement), and
<br />the Grantee shall have the right to make such use of said land as is reasonably
<br />j\0C^5ary and advisable to the construction Installation, mai enance, operation
<br />and repair of the Improvement.
<br />In addition to any other remedy the Grantee may have, the vO^»«»wwit3 and
<br />restrictions contained herein may be enforced by injunction.
<br />Notwithstanding anvthln 5 forth in this Road and Utilities Easement it is
<br />the understanding and iiitent of the Graiitcrs in granting the above described rights
<br />and privileges to the City of Orono, a MinnesoU municipal corporation (the "Oty"),
<br />as follows:
<br />1. That the City will respect the intent of the Grantors as set forth in the
<br />Declaration of Private Road Easement and Eteclaration for Maintenance
<br />of Same (the "Declaration") executed and delivered to the Qty
<br />respecting OUTLOT C, MacMILLAN ADDITION, to keep and maintain
<br />said OUTLOT C as a private road subject to the maintenance and
<br />control of those persons named in such Declaration, until there should
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