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<br />STREET AND UTILITY EASEMENT
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<br />Josephine East, LLC, a Minnesota limited liability company, Grantor, of Ramsey Cou nty,
<br />Minnesota, for and in consideration of One Dollar and other good and valuable consideration,
<br />does hereby grant and convey to the City of Arden Hills, a municipal corporation, Grantee, the
<br />right, authority and easement to freely use the premises hereinafter described (the "Easement
<br />Tract") for the purposes described below:
<br />
<br />That part of Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2,
<br />JOSEPHINE EAST, LLC, Ramsey County, Minnesota lying within
<br />the circumference of a circle having a radius of 50.00 feet; the
<br />center point of said circle being a point on the centerline of
<br />Shoreline Lane which is 50.00 feet northerly of the South line of
<br />said JOSEPHINE EAST LLC, as measured along said centerline.
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<br />The purpose of this easement is to allow the City the free right to enter upon the
<br />Easement Tract for grading, leveling, filling, draining, paving, building, maintaining, repairing
<br />and rebuilding public streets and highways thereon, together with such sidewalks, bridges,
<br />culverts, ramps and cuts as may be necessary, and any further uses as are necessary to
<br />maintain said land for a public purpose, and for the further purpose of using the land for
<br />construction, installation and maintenance of storm sewers, and drainage facilities, and all
<br />other public utilities ordinarily located within public streets, and to include the right to
<br />construct slopes and deposit waste material thereon, to acquire and obtain exclusive ownership
<br />of all the dirt or other material necessary to be excavated, removed or taken, to acquire all
<br />structures, trees, shrubs, grasses and herbage now existing and growing or hereafter planted
<br />and grown upon or within said stripes) of land. This easement shall also include a temporary
<br />easement, as necessary, over and across the land adjacent to the Easement Area in order to
<br />accomplish any construction or maintenance which may be allowed by this easement.
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<br />The dedication and acceptance of this easement for road purposes does not obligate the
<br />Grantee to construct or maintain a road thereon until such time as such construction and
<br />maintenance is deemed by the Grantee necessary for the public interest and welfare; however,
<br />this shall not be construed as a limitation upon the rights of the Grantee to exercise its rights
<br />hereunder when the Grantee deems it necessary and in the public interest.
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<br />The easement granted hereby may be terminated only upon the following:
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<br />1.
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<br />Completion of street and/or other improvements deemed appropriate by the Grantee
<br />so that Shoreline Lane, as shown on the plat of Josephene East LLC, is fully improved;
<br />and,
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<br />2.
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<br />The recording of an instrument signed by the Grantee terminating the easement granted
<br />hereby.
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