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4. <br />5. <br />6. <br />7. <br />8. <br />and to do and perform on the Easement Premises such acts as are not inconsistent with <br />the easement rights granted to the City herein. Such uses shall be deemed to include, but <br />not be limited to planting of trees, flowers, and other vegetation consistent with a <br />conservation easement; walking along trails and paths; bird watching; the study of nature; <br />and all other acts of a similar nature or purpose. <br />Grant of Flo wage Easement. Granters hereby grant, gift, quit claim and convey to the <br />City a perpetual flowage easement and right and privilege to trespass with water over and <br />upon any or all of the Easement Premises. <br />Release. Grantors hereby remiss, release, acquit and forever discharge, forever, the City <br />and any and all of its officers and employees of and from any and all claims, demands or <br />causes of action of any kind or nature whatsoever which may arise or accrue by virtue of <br />any flowage or trespass with water over and upon any or all of the Easement Premises <br />within the terms of this Agreement. <br />No Implied Easement. None of the Easement Premises shall be implied to include the <br />drainage and utility easements as dedicated on the plat of Bayside Berry Farm, Hennepin <br />County, Minnesota (the "Plat"). The Easement Premises shall only include the area <br />depicted on the Plat as the "Drainage Easement:' <br />No Public Interest. Nothing contained herein or the dedication in the Plat shall be <br />construed as creating any use rights in the general public or as dedicating for public use <br />any portion of the Easement Premises, except as expressly described in this Agreement. <br />Amendment. This Agreement may be amended only by an instrument signed by the City <br />and the Grantors, or its respective heirs, successors and assigns in interest to the <br />Easement Premises. <br />IN WITNESS WHEREOF, the Grantors hereto have executed this easement effective <br />as of the day and year set forth above. <br />179312v4 <br />GRANTORS: <br />~;?;z?;~ If-Ir <br />John---13. Biglow, as,tlfeAttomey-in-Fact for Peter <br />I(iennebohnr~d Sharon A. Rennebohm <br />3