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<br />.' <br /> <br />" <br /> <br />UTILITY EASEl\1ENT <br /> <br />THIS INDENTURE, made this I.!L day of1$tWJ~f!998 by JAINSON <br />INVESTMENTS, LLC, a Minnesota limited liability company, ("Grantor") in favor <br />of the CITY OF ROSEVILLE, Ramsey County, Minnesota, a municipal corporation, <br />("Grantee"). <br /> <br />WITNESSETH: That in consideration of the sum of One and NollOa Dollars ($1.00) <br />and other good and valuable consideration in hand paid by Grantee, Grantor does <br />hereby grant and convey unto Grantee, its successors and assigns, a perpetual non- <br />exclusive easement in gross for underground utilities and appurtenances (the <br />"Easement") within the following described property in Ramsey County, Minnesota <br />(the "Easement Parcel"): <br /> <br />That part of Lot 4, Block 2, Gateway Business Park, according to the recorded <br />plat thereof, Ramsey County, Minnesota, which lies northerly and easterly of a <br />line described as commencing at the northwest comer of said Lot 4; thence <br />South 0 degrees 48 minutes 26 seconds East, assumed bearing, along the west <br />line of said Lot 4, a distance of 36.07 feet to the point of beginning of the line <br />to be described; thence on a bearing of East a distance of 299.22 feet to the <br />west line of the east 10.00 feet of said Lot 4; thence South 0 degrees 16 minutes <br />15 seconds East along said west line of the east 10.00 feet of Lot 4 a distance of <br />343.27 feet to the south line of said Lot 4 and said line there tenninating. <br /> <br />By execution of the Acceptance of Easement attached as Exhibit A hereto, Grantee <br />covenants and agrees that <br /> <br />1. The Easement does hereby include the perpetual rights and impose the <br />perpetual obligations on Grantee to maintain, operate, repair and replace the water <br />main utilities, pipes and appurtenances within the Easement Parcel and any other <br />utilities, pipes or appurtenances owned by the City within the Easement Parcel. <br /> <br />2. Grantee shall exercise due care and diligence to avoid injury or damage <br />to any person or to any improvements or personal property of Grantor, its successors <br />and assigns. In addition, Grantee does hereby covenant and agree to indemnify and <br /> <br />.~ <br /> <br />rA.~ <br />ry <br />-\ <br />\ ro-- <br /> <br />224127 <br />