2022 GRANT OF EASEMENT BIRKELAND

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GRANT OF EASEMENT This Grant is made and entered into this day of N ny0- M% o.r- . 202—J----by and between John Birkeland and Darlene J. Birkeland, married to each other (`Birkeland)"), and the City of Gem Lake, a Minnesota municipal corporation ("City"). WHEREAS, Birkeland are the fee owners of real property situated in the County of Ramsey, State of Minnesota legally described as follows, to wit: SEE ATTACHED EXHIBIT A ("Property") WHEREAS, it is the intent of the City to construct stormwater facilities over and across that portion of the Property described on Exhibit A attached hereto. NOW, THEREFORE, in consideration of the mutual benefits derived therefrom, Birkeland, on behalf of themselves, their heirs, successors and assigns, hereby grants unto the City a permanent non-exclusive easement for construction, maintenance, repair and reconstruction of stormwater facilities, together with the right to enter the Properly by the City, its employees, contractors and agents. These rights granted herein may also be exercised by those private companies which the City contracts with to maintain, repair and replace the facilities set forth above. If the exercise of the rights granted hereunder result in disturbance of the surface of the easement area, the City and/or its contractors shall restore and repair, to the extent practicable, the disturbed area to the same conditions as prior to the commencement of said construction, repairs, maintenance, or reconstruction. The easement shall run with the land and be binding upon the Grantors, their heirs, successors and assigns. The legal description of the easement shall be that described on Exhibit B attached hereto. Birkeland, or subsequent owners, in the redevelopment of the Property, shall have the ability to move the easement per their own costs and approval of City engineering as to the location.