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� • .� . . <br /> � TEMPORARY EASEMENT AGREEMENT <br /> ���-� <br /> � , � <br /> THIS AGREEMENT , made this .j��� day of � 200�, bet e n Craig M. & <br /> Robin H. Passow, Husband and Wife ("Owner") and City o Orono, a 1Vlinnesota municipal <br /> corporation ("Orono"). <br /> RECITALS <br /> A.. Owner is the holder of a fee simple interest in property located in Hennepin County, <br /> Minnesota which is legally described as: <br /> Lot 7 Block l, Painters Creek Addition <br /> Files of Registrar of Titles, County of Hennepin (the "Property") <br /> B. Orono desires certain easements, far the purposes hereafter set forth, and the Owner has <br /> agreed to grant such easements upon the terms and conditions herein. <br /> NOW THEREFORE in consideration of the sum of Ten Dollars ($10.00) and other good <br /> and valuable consideration given to Owner by Orono, the receipt and sufficiency of <br /> which is acknowledged, it is agreed: <br /> 9 ';. � C f'^N ' <br /> � , � <br /> AGREEMENTS ., .. .. , . ; .: �'.' :�.�.., a t��. <br /> �'��`' ��i <br /> �,i <br /> 1. Grant of Easements. Owner hereby grants to Orono for the benefit of the public, <br /> a temporary nonexclusive easement over, across and upon that portion of the <br /> Property legally described below(the `Basement Area") for the purposes of a <br /> walking and biking trail access to Lowry Woods Nature Conservation Area. <br /> Easement Area: North 370 feet of the east 5 feet of Lot 7 Block 1, Painters <br /> Creek Addition <br /> 2. Maintenance. Orono shall maintain at its own expense the Easement Area. Said <br /> maintenance obligation shall include, without limitation, keeping the same good � <br /> and safe condition for the purpose granted herein and reasonably free and clear of <br /> foreign objects, debris and obstructions. Orono will place signs on the Luce Line <br /> that indicate the location of Lowry Woods and will place a barrier and signs to <br /> prevent motorized vehicles from entering the easement area. <br /> 3. Liabilitv and Indemnification: Insurance: Orono hereby agrees to indemnify and <br /> save the Owner harmless from and against any and all suits, demands, liabilities, <br /> costs and other expenses, including reasonable attorney's fees incurred in <br /> connection with or arising out of the use of the Easement Area by Orono, its <br /> contractors and agents or the general public for the purposes granted herein, <br /> excluding, however from such indemnity any loss resulting from acts of Owner <br /> and his invitees. Orono shall be responsible for obtaining and maintaining public <br />