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7A, Resolution 2012-040 - Fox Ridge Trail Easement Vacation
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7A, Resolution 2012-040 - Fox Ridge Trail Easement Vacation
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11/9/2012 12:01:31 PM
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11/9/2012 12:01:23 PM
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TRAIL EASEMENT AGREEMENT <br /> THIS TRAIL EASEMENT AGREEMENT (the "Agreement") is given this 1 5� day of <br /> Akyem be r' , 2012 by PULTE HOMES OF MINNESOTA LLC, a Minnesota limited <br /> liability company ("Grantor") to the CITY OF ARDEN HILLS, a Minnesota municipal corporation <br /> ("Grantee"). <br /> Recitals <br /> A. Grantor is the fee owner of certain real estate located in Ramsey County, Minnesota, described on <br /> Exhibit A attached hereto(the"Property"). <br /> B. Grantee desires to obtain from Grantor, and Grantor desires to convey to the Grantee, a permanent <br /> easement for public trail purposes over,across,on,under and through a portion of the Property. <br /> Agreement <br /> 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by <br /> Grantor, Grantor hereby grants and conveys to the Grantee a permanent easement for public trail purposes <br /> over, under, across and through the portion of the Property described and shown on the attached Exhibit B <br /> (the"Easement Area"). <br /> 2. Scope of Easement Rights. The public trail easement granted herein includes the right to locate, <br /> construct,operate,maintain, inspect,alter and repair public trail facilities over, across,on,under and through <br /> the Easement Area,together with the right to grade, level,fill,drain and excavate the Easement Area,and the <br /> further right to cut,trim, or remove therefrom trees, shrubs, or other vegetation as in the Grantee's judgment <br /> unreasonably interfere with the public trail facilities. As used herein, "trail purposes" is defined as the use of <br /> trail facilities by pedestrians, non-motorized bicycles, city and public safety vehicles, and electric-powered <br /> wheelchairs and small electric carts operated by physically handicapped people; the use of trail facilities by <br /> snowmobiles, all-terrain vehicles, or motorized trail bikes is not included within the scope of the easement <br /> granted herein. <br /> 3. Duration of Easement. The permanent public trail easement granted herein is perpetual in duration. <br /> 4. Warranty of Grantor. Grantor warrants that it is the owner of a fee simple interest in the Property, <br /> that it has the right and authority to grant the easement conveyed by this Agreement, and that the Property is <br /> free and clear of any lien,encumbrance,easement,restriction,covenant or condition,except for those filed of <br /> record with the County Recorder in and for Ramsey County,Minnesota. <br /> 1 <br />
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