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<br />UTILITY EASEMENT AGREEMENT
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<br />THIS AGREEMENT is dated the_ day of , 2003 and is entered
<br />into by and betw&en TRAMM BUILDERS AND REALTORS, LLC, a Minnesota limited
<br />liability company (herein "Grantor") and THE CITY OF ARDEN HILLS, a Minnesota
<br />statutory city (herein "CitY).
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<br />Grantor represehts that it is the record f&eowner of the following described property,
<br />situated in Ramsey County, Minnesota to wit:
<br />
<br />Tract H, Registered land Survey No.
<br />Titles, Ramsey County, Minnesota
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<br />In satisfaction of the conditions imposed by the City for the issuance of a
<br />development perrnit, Grantor hereby grants, conveys and warrants to the City, its
<br />successors and assigns, forever, a perrnanent utility easement over, across, under and
<br />through the following described property situated within Ramsey County, Minnesota, to wit:
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<br />, files of the Registrar of
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<br />Tract H, Registered land Survey No. , files of the
<br />Registrar of Titles, Ramsey County, Minnesota (the "Easement
<br />Area")
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<br />including the right of the City, its contractors, agents and servants, and other utility
<br />providers, to enter upon said premises at all reasonable times for the purposes of
<br />construction, reconstruction, inspection, repair, grading, sloping and restoration purposes
<br />and all such purposes ancillary thereto, and to maintain the above easement area, any
<br />improvements and any underground pipes, conduits or mains, together with the right to
<br />excavate and refill ditches or trenches for the location of said pipes, conduits or mains and
<br />the further right to remove from the easement area trees, bushes, herbage, brush,
<br />undergrowth and other obstructions interfering with the location, construction and
<br />maintenance of the easement, pipes, conduits, or mains.
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<br />The City shall not be responsible for any costs, expenses, damages, demands,
<br />obligations, including penalties and reasonable attorneys' fees, or losses resulting from any
<br />claims, actions, suits, or proceedings based upon the existence of, the release of or the
<br />threat of a release of any hazardous substances existing within the easement area prior to
<br />entry thereon by the City.
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