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<br />DRAFT . <br /> <br />DECLARATION OF EASEMENT <br /> <br />1.0 Parties. THIS DECLARATION is made in the County of Ramsey, State of <br />Minnesota, on the _ day of , 2003 by The Josephine Hills Association, a <br />Minnesota corporation, hereinafter referred to as "Declarant". <br /> <br />2.0 Recitals. Declarant is the record fee owner of the following described real <br />property situated in the County of Ramsey, State of Minnesota, legally described as <br />follows, to wit: <br /> <br />See Exhibit "A" Attached <br /> <br />e <br /> <br />3.0 Terms and Conditions. In consideration of payment of the sum of $ , <br />the receipt of which is hereby acknowledged, Declarant hereby conveys to the City of <br />Arden Hills, its successors and assigns (the "City"), a permanent easement for the <br />construction, maintenance, operation, inspection and repair of storm water drainage and <br />ponding improvements; together with a permanent easement for ingress and egress, at <br />any and all times, with all machinery, tools, equipment, vehicles and materials <br />necessary for the aforesaid purposes over, under and across the property described on <br />Exhibit "B" attached hereto (the "Easement Area"). <br /> <br />The Easement Area contains a footbridge which is owned and maintained by the <br />Declarant and, in close proximity thereto, a storm water control structure (WIER), which <br />will be constructed and owned by the City. The City shall not interfere with the <br />Declarant's right to use and maintain the footbridge without the written consent from the <br />Declarant. In the event that the City disturbs or damages the footbridge, the City agrees <br />to restore the footbridge to the same condition as existed prior to the City's activities. <br /> <br />e <br />