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<br />ROADWAY EASEMENT AGREEMENT
<br />09-23-20
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<br />THIS INDENTURE, made this 2o-&'dayof FI&'ilQu~ru' ,1998, by and between KTJ
<br />Limited Partnership Nineteen, a Minnesota limited partnership, party of the first part ("KTJ"), and
<br />the CITY OF ROSEVILLE, Ramsey County, Minnesota, a municipal corporation, party of the
<br />second part ("City").
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<br />WITNESSETH: That in consideration of the sum of$I.00 and other valuable considerations in
<br />hand paid by the City, said KTJ does hereby grant and convey unto City, its successors and
<br />assigns, a perpetual easement for a public road and highway and for underground utility mains,
<br />pipes and appurtenances under and across the following described property in Ramsey County,
<br />Minnesota:
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<br />THE SOUTH 9.5 FEET OF THE NORTH 49.5 FEET OF THE FOLLOWING
<br />DESCRIBED PROPERTY:
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<br />The North 458.78 feet of the South 576.91 feet of the Southwest Quarter of the Northwest
<br />Quarter of Section 9, Township 29, Range 23, Ramsey County, Minnesota lying West of the
<br />East 842.00 feet of said Southwest Quarter of the Northwesterly Quarter, except that part
<br />acquired for trunk highway purposes by the State of Minnesota as described in Final
<br />Certificate recorded in Document No. 1606518 and Document No. 1605420. Also except all
<br />that part of the above described property, lying Westerly, Northwesterly, and Northerly of
<br />the following described line: Commencing at the intersection of the North line of the South
<br />536.91 feet of said Southwest Quarter of the Northwest Quarter and the Easterly right-of-
<br />way line of Interstate Highway No. 35W; thence Easterly along the North line of said South
<br />536.91 feet a distance of 153.98 feet to the point of beginning of said line; thence Westerly a
<br />distance of 77.14 feet along a tangential curve concave to the South having a radius 597.34
<br />feet and central angle of 7 degrees, 23 minutes, 57 seconds; thence Southwesterly deflecting
<br />to the left from the tangent to the last described curve 47 degrees, 00 minutes, 57 seconds a
<br />distance of 49.20 feet; thence Southerly deflecting to the left 45 degrees, 19 minutes 48
<br />seconds a distance of 1.95 feet; thence Southerly a distance of 152.85 feet, more or less
<br />along a tangential curve concave to the West having a radius of 669.62 feet and a central
<br />angle of 13 degrees, 04 minutes, 41 seconds, more or less, to the Easterly right-of-way line
<br />of Interstate highway 35W and there terminating (the "Easement Area");
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<br />which easement shall include the perpetual rights of said City, its successors or assigns, to grade,
<br />level, fill, drain, pave, build, maintain and rebuild or widen a public road or highway, together
<br />with such culverts, cuts or ditches as may be necessary, and to construct, maintain, operate and
<br />repair underground utility mains, pipes ("Road Systems") and appurtenances over and across a
<br />strip of land hereinbefore described, together with perpetual easement for ingress and egress, all
<br />without additional compensation, but subject to the following:
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<br />1. The City shall construct, at the City's cost and expense (subject its right to assess
<br />KTJ and all benefitted landowners pursuant to Minnesota Statutes 9 429 and other
<br />applicable statutes), all of the above described Road Systems and all other
<br />appurtenances thereto. Although the City shall not require KTJ to construct the
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