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Date: <br /> <br />HIGHWAY EASEMENT <br /> <br />C.S. 7101 (10=3) 901 <br />Parcel 3 <br />County of Sherburne <br /> <br />For and in consideration of the sum of <br /> Dollars ($ ), <br />City of Elk River, a municipal corporation under the laws of the state of Minnesota, Grantor, <br />hereby conveys and quitclaims to the State of Minnesota, Grantee, together with the unrestricted <br />right to improve the same, free and clear of all encumbrances, a perpetual easement on and <br />over real property in Sherburne County, Minnesota, described as follows: <br /> <br />All of the following: <br /> <br />That part of the Southeast Quarter of the Southwest Quarter of Section 2, <br />Township 32 North, Range 26 West, shown as Parcel 3 on Minnesota <br />Department of Transportation Right of Way Plat Numbered 71-9 as the <br />same is on file and of record in the office of the County Recorder in and <br />for Sherburne County, Minnesota; <br /> <br />containing 1.96 acres, more or less. <br /> <br />Grantor, for itself, its successors and assigns, does covenant never to cut, damage, destroy, or <br />remove any tree or shrub or other natural growth upon the hereinbefore described premises for <br />the continuation of this easement; does hereby grant and convey to the State of Minnesota all <br />grasses, shrubs, trees and natural growth now existing on said lands or that may be hereafter <br />planted or grown thereon, and the right to remove and use all earth and other materials lying <br />within the parcel of land hereby conveyed. <br /> <br />The said Grantor does hereby release the State of Minnesota from any claims for damages to <br />the fair market value of the above-described area covered by this easement and for its use, or <br />any claims for damages to the fair market value of the remaining property of Grantor caused by <br />the use of the easement, including grading and removal of materials from said easement area <br />for highway purposes. Notwithstanding the foregoing, Grantor does not release any claims it <br />may have as a result of the negligence of the Grantee, its agents or contractors, in conducting <br />any of the above activities. <br /> <br />CITY OF ELK RIVER <br /> <br />By <br /> <br /> Its Mayor <br /> <br />And <br /> <br />Its Clerk <br /> <br />Page 1 of 2 <br /> <br /> <br />