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TRAIL EASEMENT <br />THIS INDENTURE, made this @Aaay o~993, by and <br />between John Burger and Mary Jane Burger, husband and wife, and <br />Christine M. Valerius, fka Christine M. Brickley and Gary Valerius, <br />wife and husband, hereinafter referred to as ''Granters", and the <br />City of Orono, a Minnesota municipal corporation, hereinafter <br />referred to as "Grantee". <br />WITNESS, that Granters, in consideration of the sum of One <br />Dollar ($1.00) and other good and valuable consideration given by <br />Grantee, the receipt of which is acknowledged by Granto rs, do <br />hereby grant, bargain, sell and convey to Grantee, its successors <br />and assigns, a perpetual easement for public ingress, egress, and <br />access, for trail purposes and uses, over, under and across the <br />land in the State of Minnesota, County of Hennepin, legally <br />described as: <br />That part of Lot 2, Block 1, Burgers Bayside <br />Second Addition, which lies southerly of a line <br />parallel with and 10.00 feet northerly of the <br />northerly right-of-way line of Bayside Road, <br />according to the plat thereof, <br />including, but not by way of limitation, a full and free right and <br />authority to enter upon said land to construct, install, maintain, <br />operate and repair a trail and any and all appurtenances, including <br />drainage control structures, incidental and related thereto, (all <br />of which are hereinafter referred to collectively as the <br />Improvements). The Grantee shall have the right to make use of <br />said land as is reasonably necessary and advisable to the <br />construction, installation, maintenance, operation and repair of <br />the Improvements. <br />In addition to any other remedy the Grantee may have, the <br />covenants and restrictions contained herein may be enforced by <br />injunction. <br />The Granters certify that the land herein described is free <br />and clear of all encumbrances except: mortgages in favor of Norwest <br />Bank Minnesota, National Association, and Principal Mutual Life <br />Insurance Company, an Iowa corporation.