4.3. SR 03-19-2018 - Laserfiche WebLink

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UTILITY AND INGRESS AND ACCESS EASEMENTS THIS EASEMENT GRANT (this “Easement Grant”) is made and entered into on ___________________, 2018, from PIPE PORTFOLIO OWNER (MULTI) LP, a Delaware limited partnership (“Grantor”), to the CITY OF ELK RIVER, a Minnesota municipal corporation, situated in Sherburne County, Minnesota (“Grantee”). In consideration of One Dollar ($1.00) and other good and valuable consideration in hand paid by Grantee, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor hereby grants, conveys and sells to Grantee, its successors and assigns, permanent non-exclusive easements for utility and access purposes over, under and across the properties legally described in Exhibit A attached hereto and incorporated herein, together with the right to construct, install, maintain, repair, use, modify and service facilities for utility and access purposes within the easement areas and for no other purpose (the “Easement Areas”): 1. Grantor hereby grants to Grantee, its successors and assigns, permanent non-exclusive easements for utility and access purposes over, under and across the Easement Areas, together with the right to construct, install, maintain, repair, use, modify, and service facilities for utility and access purposes within the Easement Areas and for no other purpose. 2. Grantee hereby consents to any encroachments on the Easement Areas existing on the date of this Easement Grant as a result of this Easement Grant. 3. Grantor hereby reserves for itself and its successors and assigns the right to use the above Easement Areas along with Grantee; and Grantor may use such Easement Areas for other purposes not inconsistent with the rights granted to Grantee under this Agreement. 4. The Grantee will exercise due care and diligence to avoid injury or damage to Grantor’s existing improvements within the Easement Areas. The Grantee shall indemnify and save harmless Grantor 1 191911v12