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