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<br />
<br />NO.4 (revised ll/i/79) .
<br />
<br />2.7i day of ~MBr.1L
<br />
<br />",-,'b
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<br />
<br />PONDING EASEMENT
<br />
<br />THIS INDENTURE, Made this
<br />
<br />, 1979, by and between
<br />
<br />COMTES, INC., a corporation under the lAWS of the. State of Delaware, party of the
<br />
<br />first part, and the CITY OF ROSEVILLE, Ramsey County, Minnesota, a municipal
<br />
<br />corporation, party of the second part.
<br />
<br />WITNESSE1H: That in consideration of the sum of $1.00 in hand paid by
<br />
<br />the said party of the second part, the receipt whereof i6 hereby acknowledged by
<br />
<br />the party of t~:...!~~s!Y':lrt, said party of the first p~ does hereby_.~ve an2--...__._.___
<br />
<br />grant unto party of the secund pat'L. its successors and assi~na, iJ.' perpe1:uar~nOh:::-'
<br />
<br />exclusive easement for the collection, storage, and ponding of waters over and
<br />
<br />upon the following described property situated in R<tmsey County, Minnesota:
<br />
<br />Acros!> Lot 3, Block I, Venture Addition, lying Easterly and Northerly
<br />
<br />of the following described line:
<br />
<br />Cormnencing at the Northeast curncr of Lot 3, Block I, Venture
<br />Addition; thence Wes t 409 feet along the North line of said Lot 3
<br />to the point of beginning; thence Southeasterly 195 feet, More Or Less,
<br />to a point 178 feet South of said North line and 330 feet West of the.
<br />East line of said Lot 3; the.nce Southeasterly to a point 011 said East
<br />line 246 feet South of the Northeast corner of said Lot 3, and there
<br />terminating; in Ramsey County, Minnesota.
<br />
<br />According to the plat thereof on file or of record in the office of
<br />the Register of Deeds in and for said County and State.
<br />
<br />F.Xm!PT FROM STATE DEED TAX
<br />
<br />which easement shall include perpetual right of saId City of Roseville, its
<br />succ~sm)r~o~-assigns, of ingress arid'egress for the above purposes, nl!'Uftnout'
<br />additional compensation, provided thLlt the City of Roseville at it6 sole cost and
<br />expetlse repair any damage t.o the property improvements or otherwise caused b)'
<br />ingl'ess and or egress of COHTES property other than the above described property
<br />and provided that the City of R06eville shall have 110 right to excavate, fj 11 or
<br />slope for any purpose except for the excavation of the Easterly 180 feet, More Or
<br />Less, of the Northerly 130 feet, More Or Less, of the above described property as
<br />designated by tl'e. shaded area on the copy of the site plan attached hereto as
<br />Exhibit. I, as may be necessary [or ponding and storage of surface waters. Parcy
<br />o f the firs t part reserves the right to landscape the above described propccrcy,
<br />to plant trees, shrubs, and other plant!> therein, and to construct fences, r08d~
<br />and parking lots thereon.
<br />
<br />TO HAVE AND TO HOLD THE SAME, Together with all.\;he. be.,t:f!dltame!Jts and '.,"
<br />appurtenances thereunto belonging, or in any way appertainf"ng, "to the sa:"id part"y> ....
<br />of the second part, its successors and assigned, Forever.
<br />
<br />
<br />IN TESTIMONY liHEREOF, The said party of the first part has
<br />their hands and seals the day and year first above written.
<br />
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