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This document was prepared by, <br />and after recording, return to: <br />Winthrop & Weinstine, P.A. <br />Suite 3500 <br />225 South Sixth Street <br />Minneapolis, Minnesota 55402-4629 <br />Attention: John M. Stern <br />EASEMENT AND LICENSE AGREEMENT <br />.This Easement and License Agreement ("Agreement") is made as of the _ day of October, <br />2010, (the "Effective Date") by the City of Elk River, a municipal corporation under the laws of <br />the State of Minnesota ("Grantor") and Elk River Leased Housing Associates Limited <br />Partnership, a Minnesota limited partnership ("Grantee"). <br />RECITALS <br />WHEREAS, Grantor owns certain real property legally described on Exhibit A attached <br />hereto and incorporated herein ("Grantor Property"): <br />WHEREAS, Grantee owns certain real property which property is legally described on <br />Exhibit B attached hereto and incorporated herein ("Grantee Property"). <br />WHEREAS, Grantor desires to grant an easement and a license to Grantee on the terms and <br />conditions outlined herein. <br />NOW THEREFORE, in consideration of the Recitals, which are hereby incorporated herein, <br />and for other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, Grantor and Grantee, for themselves, their successors and assigns hereby agree, <br />covenant and promise as follows: <br />1. Grant of Easement for Street, Utility and Drainage Purposes. Grantor hereby grants <br />to Grantee, a perpetual, non-exclusive easement for street, utility and drainage purposes (the <br />"Street, Utility and Drainage Easement") over, under and across a portion of the Grantor <br />Property legally described on Exhibit C attached hereto and incorporated herein ("Easement <br />Area"), including without limitation the right of pedestrian and vehicular ingress and egress over <br />and across the same. <br />2. Grant of License for Storm Water Drainage Purposes. Grantor hereby grants to <br />Grantee, a perpetual, nonexclusive license for storm water drainage purposes (the "Storm Water <br />Drainage License"). The Storm Water Drainage License shall authorize Grantee to discharge <br />