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4. Grantors for themselves, their heirs, successors and assigns, further grant the City the <br /> affirmative right,but not the obligation to do the following on the easement premises: <br /> A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat <br /> by altering, clearing, and removing trees or other vegetation, by changing the <br /> contour of the land, and by planting trees or other vegetation. <br /> B. Enter upon the easement premises at any time to enforce compliance with the <br /> terms of this instrument. <br /> 5. Grantors reserve for themselves and for their heirs, successors and assigns and their <br /> invitees, the right to enter upon the easement premises and to do and perform on the <br /> easement premises such acts as are not inconsistent with the easement ri�hts granted to <br /> the City herein. Such uses shall be deemed to include, but not be limited to planting of <br /> trees, flowers, and other vegetation consistent with a conservation easement; walking <br /> along trails and paths; bird watching; the study of nature; and all other acts of a similar <br /> nature or purpose. <br /> 6. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual flowage <br /> easement and right and privilege to trespass with water over and upon any or all of the <br /> Easement Premises. <br /> 7. Grantor(s) herein do hereby remiss, release, acquit and forever discharbe, forever, the <br /> City and any and all of its officers and employees of and from any and all claims, <br /> demand or causes of action of any kind or nature whatsoever which may arise or accrue <br /> by virtue of any flowage or trespass with water within terms of these agreements. <br /> 8. Grantor(s) do not intend that the public should have any interest in the above land by <br /> viriue of this indenture or otherwise, except as hereinabove set forth. <br /> IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day and <br /> year set forth above. <br /> GRANTORS: <br /> Tl�i,s i,s a sav�n.p�e olocuwt.ewt. <br /> DD V�Ot SL�V�. <br /> STATE OF MINNESOTA ) <br /> )ss. <br /> COUNTY OF ) <br /> The foregoing instrument was acknowledged before me this day of <br /> , 2006, by and , husband and wife, the <br /> Grantors. <br /> NOTARY PUBLIC <br /> DRAFTED BY: <br /> Campbell Knutson Professional Association <br /> 317 Eagandale Office Center <br /> 1380 Corporate Center Curve <br /> Eagan,Minnesota 55121 <br /> Telephone:(651)452-5000 <br /> MKB <br />