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GRANT OF EASEMENT <br /> FOR ELECTRIC UTILITY FACILITIES <br /> THIS GRANT OF A is made on this 2!i 'day of 4c.„4,6.47 <br /> 2015, by l/Y�54 �y�� , a Ca ie <br /> ("Grantor' to Elk River Municipal Utilities,a Minnesota Municipal Utility("Grantee"). <br /> RECITALS <br /> Grantor is the owner in fee simple of real property in the County of Sherburne, <br /> Minnesota,which is legally described on Exhibit A attached hereto (the"Property"). Grantee <br /> desires to use a portion of the Properly for the construction and maintenance of certain electric <br /> utility facilities. <br /> NOW,THEREFORE,in consideration of the sum of One Dollar($1.00)and other good <br /> and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by <br /> Grantor: <br /> 1. Grant of Easement—Grantor hereby grants to Grantee,its successors and assigns, <br /> a permanent,non-exclusive easement(the"Easement")for the specific purpose of <br /> permitting Grantee the right to install, operate, maintain, repair, remove and <br /> replace electric transmission and/or distribution lines, and related facilities (the <br /> "Utility Facilities")under,on or above the surface of that portion of the Property <br /> (the"Easement Area")described on Exhibit B attached hereto,together with the <br /> right of reasonable and necessary ingress and egress to and from the Easement <br /> Area in connection with the exercise of the rights granted herein. The Easement <br /> shall permanently run with the title to the Property and shall inure to the benefit of <br /> and be binding upon the parties hereto and their respective heirs,successors,and <br /> assigns,including,but without limitation,to all subsequent owners of the Property <br /> and the Easement Area and all persons claiming under them. <br /> 2. Use of Easement Area by Grantor—Grantor hereby agrees that Grantor will not <br /> perform or allow or cause the construction of any structures or other <br /> improvements on the Easement Area, including fencing or landscaping, which <br /> could damage or obstruct the Utility Facilities or interfere with Grantee's access <br /> to or Grantee's right to construct, maintain, and repair the Utility Facilities. <br /> Grantor hereby reserves and retains all other property rights in and to the <br /> Easement Area,including without limitation,the right to use the Easement Area <br /> for any purpose whatsoever so long as such use does not interfere with Grantee's <br /> rights hereunder. Grantor agrees that Grantee's approval will be required before <br /> the installation of any improvements in the Easement Area, including the <br /> installation of fences, trees or other landscaping. Grantee agrees to grant such <br /> approval, provided that the proposed improvement will, in Grantee's sole <br /> judgment,not interfere with Grantee's rights hereunder. <br /> 3. Conduct of Work and Notification—Any installation,maintenance,replacement, <br /> repair and/or removal of the Utility Facilities performed by Grantee, its agents <br /> and employees,shall be performed at Grantee's sole cost and expense after thirty <br /> (30)days'notice to the Grantor,except that Grantor may waive this notice period <br /> and, in an emergency, the work may be initiated by Grantee after reasonable <br /> notice. All work performed in the Easement Area shall be performed with care <br /> and in such manner as to cause the least interference with the surface of the <br /> 56 <br />