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• <br /> r <br /> - - DECLARATION OF EASEMENT AND AGREEMENT <br /> FOR MAINTENANCE <br /> THIS DECLARATION, made this day of Deember , 2000, by Richard A. <br /> and Roberta A. Schmidt, husband and wife, hereinafter called "Grantor" and Stephen D. Towle, <br /> hereinafter called "Grantee." <br /> RECITALS: <br /> 1. Grantor is the owner of real property located in the County of Hennepin, State of <br /> Minnesota, legally described as on the attached Exhibit A (the "Burdened Parcel"). <br /> 2. Grantee is the owner of real property located in the County of Hennepin, State of <br /> Minnesota, legally described as "Lot 8, Orchard Park Hennepin County, Minnesota" (the <br /> `Benefited Parcel"). <br /> 3. Grantee desires to obtain an exclusive, perpetual easement on the Burdened Parcel <br /> for the purposes enumerated below. <br /> 4. Wherefore, Grantors and Grantee agree as follows: <br /> ARTICLE II. <br /> GRANT OF EASEMENT <br /> Section I. The Grantor hereby grants to Grantee a perpetual, exclusive easement for any <br /> purpose, including without limitation, ingress and egress (including without limitation, <br /> roadways, walkways and parking), utilities (including without limitation, electric, gas, sewer, <br /> water, telephone and cable), retaining walls, fences, burms, and landscaping structures, and all <br /> rights of possession incident thereto (the "Easement Parcel"). The Grantor represents and <br /> warrants to Grantee that Grantor owns the Easement Parcel in fee simple, free and clear of all <br /> liens and encumbrances, and that Grantor has full power and authority to enter into this <br /> Agreement and to grant the rights described herein. <br /> 384856/I 1 <br />