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EASEMENT AGREEMENT ~-----. THIS AGREEMENT, made this ___ day of ________ 2002, .between William J.M. Franklin and Pauline Franklin, Husband and Wife ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). RECITALS: A. Owner is the holder of a fee simple interest in property located in Hennepin County, Minnesota, legally described in Exhibit A hereto (the "Property"). B. The City desires a permanent easement for the purposes hereafter set forth, and Owner has agreed to grant such easements upon the terms and conditions contained in this Easement Agreement. C. The permanent easement granted by the Owner pursuant to this Easement Agreement is legally described in Exhibit B hereto (the "Permanent Easement"). NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration give to Owner by the City, the receipt and sufficiency of which is acknowledged, it is agreed: AGREEMENTS 1. Grant of Permanent Easement. Owner hereby grants to the City for the benefit of the public, a permanent, exclusive easement for the benefit of the public in, under, over and across that portion of the Property legally described on Exhibit B attached hereto and made a part hereof for the purpose of the construction and maintenance of public utilities, including but not limited to piping and other conduits of any nature for water, sanitary sewer, storm sewer, gas, telephone, electricity, cable television, internet access, and any other public utility (the "Public Improvements") 2. J\:Iaintenance of Permanent Easement Area. The City shall maintain the Permanent Easement area at its own expense. Said maintenance obligation shall include, without limitation, keeping the same in good and safe condition for the purpose granted herein and reasonably free and clear of foreign objects, debris and obstructions. Page 1 of 5