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� . , � , � Item#04-CC Agenda-07/09/07 <br /> Dakota Rail Con�idor Driveway Easement-Assessment Hearing[Page 7 of l 9J <br /> GRANTOR requires that the Aliey, or portion ofi Alley, be changed, altered, or removed for any <br /> reason, GRANTEE shall deliver to GRA(VTOR a release of the easement, or a release of a portion <br /> of the easement as appiicable, suitable for recardation. <br /> GRANTEE acknowledges and agrees that no further processes or vacation proceedings <br /> are or will be, necessary to put into effect termination of this easement, and if any is required, <br /> GRANTEE hereby unconditionally consents to said vacation ar termination as a part of the <br /> consideration for the granting of this easement. The granting af this easement shall not be <br /> deemed a dedication by statute or common law, nor shall continued use and maintenance af the <br /> Easement Area create a roadway accruing to the public or any individual in the meaning of <br /> Minn. Stat. Sec. 160.05, subd. 2. <br /> GRANTEE, and not GRANTOR, shaEl be responsibfe for all maintenance (including without <br /> limita#ion, trash and snow removal, weed control and removal of diseased, dead or hazardous <br /> trees), all permitted improvements, special assessments and afl cosfis related thereto, and all <br /> other casts related in any other manner to use of the Easement Area or any required relocation <br /> of the Afiey ar termination of the easement. <br /> GRANTEE, and not GRANTOR, shall be responsible for the payment, if any, of relocation <br /> benefits or casts or just compensation due to fhird partiss resufting from fiermination of the <br /> easement rights granted by this agreement. Notwithstanding the foregoing, this easement <br /> agreement is not intended to create rights in fihird party beneficiaries other than that fio the <br /> general public for use of the Easement Area as a public alley until such date this easement <br /> agreement is terminated by GRANTOR. <br /> 4. GRANTEE and its contractors shall not unreasonably interfere with use of fihe Corridor <br /> for transportation or other public purposes except with consent of GRANTOR which consent <br /> shall not be unreasanably withheld. GRANTEE'S use of the Easement Area is subservient to all <br /> federal laws and regulatians governing rail aperations on the Corridor. <br /> 5. Prior to construction of any madification or re{ocation of the Ailey, GRANTEE shall <br /> submit its plans to GRANTQR for review and comment. GRANTOR reserves the right to reject <br /> any p{ans for construction proposed by GRANTEE on the grounds, in GRANTOR's so(e <br /> discretion, thaf said plans are inappropriate or incompatible with its present or future use of the <br /> Corridor. No work shall be done or obstruction placed over any.track or pathway on the <br /> Corridor unless GRANTEE has arranged ta furnish, at GRANTEE's or its contractors' expense, <br /> such f[agging as GRAfVT�R deems necessary for protection of railroad or other transportation <br /> operations on the Corridor. Such flagging shall not relieve GRANTEE or its contractors from any <br /> liability. <br /> 6, The righis granted herein shall be effective upon fu11 execution of fihis Agreement <br /> subject to the rights of thase certain parties identified in section 14. <br /> 7. GRANTEE agrees to indemnify, defend and hold GRANTQR and its o#ficers, directors <br /> and employees harmless firom and against all liabi(ity, lass, cost, damage or expense of every <br /> nature incfuding, without limitation, attorneys' fees, whether or not suit be brought, resulting <br /> from injury to or death of persons ar loss or destruction to property which arises out of or in any <br /> 3 <br />