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<br />below, the receipt and sufficiency of which is acknowledged by Grantor, the parties agree as <br />follows: <br /> <br />1. Grantor, warranting its full right and authority to do so, hereby grants to Grantee <br />an easement in perpetuity on and under that real property located within the Grantor Burdened <br />Property legally described as follows (the "Easement Area"): <br /> <br />See Exhibit A attached hereto <br /> <br />2. The easement in perpetuity granted herein is for drainage and flowage within the <br />Easement Area and allows Grantee to use the Easement Area to construct, maintain, inspect, <br />repair and reconstruct a portion of the Anoka County Ditch 55 system to convey water across the <br />Grantor Burdened Property. <br /> <br />3. F or the purposes described in paragraph 2, Grantee may operate motorized and <br />non-motorized vehicles and equipment; store equipment and materials; temporarily stockpile <br />spoils, sediments and debris; place and erect temporary structures; and conduct all other <br />activities necessary or convenient for those purposes. Grantee shall pay for or repair any damage <br />to the Grantor Burdened Property caused by its activity on the Easement Area under this <br />easement. Grantee may cross and recross the Grantor Burdened Property at reasonable times and <br />locations in order to conduct any activity authorized under this Easement. <br /> <br />4. Grantor may use the Easement Area for any purpose that does not diminish the <br />hydraulic capacity of the ditch or tile and does not interfere with activity of Grantee under this <br />Easement. <br /> <br />5. This Easement is perpetual without being rerecorded; shall run with and burden <br />the Grantor Burdened Property; and shall be binding on Grantor's representatives, successors <br />and assigns. <br /> <br />6. This Easement, on proper filing and recordation with the Anoka County Property <br />Records and Public Service Department, releases, terminates, supersedes and replaces the <br />Easement filed with said department or its predecessor on September 18, 1997 as Document No. <br />1297636, which document shall be of not further effect. <br /> <br />IN WITNESS WHEREOF, this Easement is executed. <br /> <br />GRANTOR: <br /> <br />GRANTEE: <br /> <br />By <br />Its <br /> <br /> <br />CITY OF CENTERVILLE <br /> <br />By <br />Its <br /> <br />2 <br /> <br />~ <br />