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• <br />EASEMENT AGREEMENT <br />FOR UTILITY PURPOSES <br />THIS EASEMENT AGREEMENT is made on this / ~~ day of ~ , 2009 by and <br />between Richard C. Foster, a single person ("Grantor") and the City of Elk River, a ~ nesota Municipal <br />Corporation ("Grantee"). <br />RECITALS <br />• Grantor is the owner in fee simple of real property in the County of Sherburne, Minnesota, which is <br />legally described on Exhibit A attached hereto (the Property). Grantor desires the vacation of the <br />existing sanitary sewer easement over the Property. Grantor desires a permanent easement over a <br />portion of the Property for maintenance of certain utilities. <br />NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and <br />valuable consideration, the receipt and sufficienry of which are hereby acknowledged by Grantors: <br />Easement Vacation -Grantee hereby vacates the existing utility easement as legally described on <br />Exhibit B attached hereto and incorporated herein, over the real property which is legally described <br />on Exhibit A attached hereto and incorporated herein. <br />2. Permanent Easement -Grantor hereby grants to the Grantee, its successors and assigns, a <br />permanent easement (the Easement Tract) for utility purposes over, under, upon, and across that <br />portion of the Easement Tract, said permanent easement is legally described on Exhibit C and shown <br />on Exhibit D. The Easement Tract shall permanently run with the title to the Property and shall <br />inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, <br />and assigns, including, but without limitation to, all subsequent owners of the Easement Tract and all <br />persons claiming under them. <br />3. Use of Easement Tract -Grantor hereby agrees that he will not perform or allow or cause the <br />construction of any additional improvements on the Easement Tract (without prior written consent <br />from the Grantee) which could damage or obstruct the Permanent Easement or interfere with the <br />Grantee's access to or the Grantee's right to maintain, and repair the utilities and drainage on the <br />• Easement Tract. <br />230000M/0325/Emt-052302-Template.doc 1 Form 2A <br />