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GRANT OF EASEMENT <br /> FOR <br />UTILITY AND DRAINAGE PURPOSES <br /> <br /> THIS GRANT OF EASE1V[ENT FOR UTILITY AND DRAINAGE PURPOSES IS <br /> <br />made on this 25THday of SEPTEMIlER ,, 1995, by <br /> <br />Herita.oe Landing Partnership; (Grantor), to the CITY OF ELK RIVER, a <br />Minnesota municipal corporation (Grantee). ~ <br /> <br />RECITALS <br /> <br />Grantor is the owner in fee simple of real property in the County of Sherbume, <br />Minnesota, which is legally, described on Exhibit A attached hereto (the <br />Easement Tract). Grantee desires to use a portion of the Easement Tract for the <br />construction and maintenance of certain utilities and for drainage purposes. <br /> <br /> NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and <br />other good and valuable consideration, the receipt and sufficiency of which are hereby <br /> <br />acknowledged by Grantor: <br /> <br /> 1. Permanent Easement - Grantor hereby grants to Grantee, is successors and <br /> <br />assigns, a permanent easement (the Permanent Easement) for utility and drainage <br />purposes over, under, upon and across that portion of the Easement Tract legally <br />described on Exhibit B. The Permanent Easement shall permanently run with the title to <br />the Easement Tract and shall insure to the benefit of and be binding upon the parties <br />hereto and their respective heirs, successors and assigns, including, but without limitation <br />all subsequent owners of the Easement Tract and all persons claiming under them. <br /> <br /> 2. Use of Easement Tract - Grantor hereby agrees that it will not perform or <br /> <br />allow or cause the construction of any improvements on the Permanent Easement which <br />could damage or obstruct the Permanent Easement or interfere with Grantee's access to <br /> <br /> <br />