2014-11-12 CC Handouts at Meeting

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WHEREAS, a subsequent survey of the Permanent Easement Premises revealed an error in the legal description used to define the Permanent Easement Premises as compared to the physical location of constructed public trail; and WHEREAS,the Parties to this Agreement desire to correct this error by vacating the easement granted on March 16, 2010, and granting a new trail easement, using a correct legal description matching the physical location of the constructed public trail. WITNESSETH: VACATION OF PERMANENT TRAIL AND WALKWAY EASEMENT The City, as Grantor, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration to it in hand paid by the Grantee, including the Grantee's agreement to enter into a new grant of a permanent public easement in favor of the City to accommodate its existing public trail across the Grantee's lands, does forever vacate, release, abandon and allow to revert back to the Grantee, its successors and assigns, all of its rights to the existing perpetual public easement previously granted for the purpose of constructing and modifying a public trail over, across, on, and through land situated within the County of Anoka, State of Minnesota, legally described on the attached (Exhibit A) ("Permanent Easement Premises"); and thereby does vacate all rights as described in the Grant Document. The vacation of rights described herein does not interfere with any future or separate grant of rights by Grantee to Grantor. IN WITNESS WHEREOF,the City, at Grantor has signed this Vacation of Permanent Public Easement on the day and year first above written. CITY OF CENTERVILLE/GRANTOR: By: Tom Wilharber, Mayor STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of ' 2014, by , its , on behalf of the City of Centerville. Notary Public