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Office of the County Recorder <br /> Sherburne County, MN <br /> DOC. No. 591678 <br /> Certified filed and/or recorded on <br /> 04-23-2009 at 02:30 <br /> e Ashe, County Recorder <br /> Deputy Fee: $ 46.00 <br /> 691578 <br /> GRANT OF EASEMENT <br /> FOR STREET,UTILITY,AND DRAINAGE PURPOSES <br /> THIS GRANT OF EASEMENT is made on this 917"_day of , 2009, by Elk River <br /> Christian and Missionary Alliance Church ,a Minnesota non-profit corporation, <br /> (Grantor)to the City of Elk River, a Minnesota Municipal Corporation(Grantee). <br /> RECITALS <br /> Grantor is the owner in fee simple of real property in the County of Sherburne, Minnesota, which <br /> is legally described on Exhibit A attached hereto(the Easement Tract). Grantee desires to use the <br /> Easement Tract for the construction and maintenance of certain streets, utilities and drainage. <br /> NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and <br /> valuable consideration,the receipt and sufficiency of which are hereby acknowledged by Grantor: <br /> 1. Permanent Easement— Grantor hereby grants to Grantee, its successors and assigns, a permanent <br /> easement (the Permanent Easement) for street, utility and drainage purposes over, under, upon, <br /> and across the.Easement Tract, said permanent easement is legally described on Exhibit A. The <br /> Permanent Easement shall permanently run with the title to the Easement Tract and shall inure to <br /> the benefit of 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 Easement Tract and all <br /> persons claiming under them. <br /> 2. Use of Easement Tract — Grantor hereby agrees that it will not perform or allow or cause the <br /> construction of any improvements on the Easement Tract which could damage or obstruct the <br /> Permanent Easement or interfere with Grantee's access to or Grantee's right to construct, <br /> maintain, and repair the street, utilities and drainage on the Easement Tract. <br /> 3. Warranty of Title Grantor represents and warrants to Grantee that it is the only owner of fee <br /> simple title to the Easement Tract, and that there are no owners of mortgages, contracts for deed, <br /> leases, rental agreements, occupancy agreements, or any other encumbrances or verbal or written <br /> agreement of any nature whatsoever affecting title to the Easement Tract. Grantor, on behalf of <br /> itself, its successors, and assigns, hereby indemnifies and holds harmless Grantee against and <br /> from any and all claims for loss, damage, or expenses which may be incurred or asserted by <br /> Grantor or any party whose consent is required to be obtained hereunder, in connection with this <br /> Grant of Easement or Grantee's use of the Easement Tract pursuant to this Grant of Easement. <br /> Apnl 2.20093:06 PM 1 <br />