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EASEMENT AGREEMENT <br /> <br /> (Relationship) <br />Owner(s} and the CITY OF ELK RIVER, a Minnesota municipal corporation <br /> <br />(the City). <br /> <br /> Preliminary Statement of Facts <br /> <br /> The Property Owner(s) is (are} the~ee owner~(s} of certain <br /> real property located at ~/J~ ~.~J&W~/ (street address} <br /> in the City of Elk River, County of Sherburne, State of <br /> Minnesota, which is legally described on Exhibit A attached <br /> hereto (the Property). The Property is not presently served <br /> by a public street or road. The Property Owner(s) has (have) <br /> requested the City to issue a permit allowing the construc- <br /> tion of a structure and/or dwell ~g upon the Property. Before <br /> it will issue a building permit ..or the Property, the City <br /> requires the execution of this Easement Agreement. <br /> <br /> NOW, THEREFORE, in consideration of the foregoing and in considera- <br />tion of ~he-~mutual promises of the parties hereto and the mutual benefits <br />to be gained by the performance hereof, the parties hereto agree as <br />follows= <br /> <br /> 1.) Conveyance of Easement by the Property Owner(s). <br /> <br /> a.) The Property Owner(s) hereby grant(s) to the City, <br /> its successors and assigns, a nonexclusive easement for <br /> roadway purposes, over, under and across that part of <br /> the Property legally described on Exhibit B which is <br /> attached hereto and incorporated herein (the Easement). <br /> <br /> b.} The city shall use the Easement for the limited pur- <br /> poses of providing municipal services and emergency vehicu- <br /> lar access to the Property and performing construction, re- <br /> pairs and maintenance of the Easement as provided in Para- <br /> graph 2 below. The parties hereto acknowledge that the <br /> Easement shall not be used as a public thoroughfare and <br /> the rights of the City to use the Easement shall not be <br /> deemed to inure to the general public. <br /> <br /> 2.) Easement Not to be Obstructed. <br /> <br /> The Property owner(s) shall at all times maintain the <br /> Easement in good repair, clean condition and free from un- <br /> reasonable accumulations of ice and snow and shall operate <br /> <br /> <br />