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<br />The easement granted herein also includes the right to cut, trim, or remove from the easement <br />area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with <br />the easement or facilities of the Grantee, its successors or assigns. <br /> <br />3. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, <br />title and capacity to convey to the Grantee the easement herein. <br /> <br />4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, <br />damages, demands, obligations, including penalties and reasonable attorney's fees, or losses <br />resulting from any claims, actions, suits or proceedings based upon a release or threat of release <br />of any hazardous substances, pollutants, or contaminants which may have existed on, or which <br />relate to, the easement area or Property prior to the date of this instrument. <br /> <br />5. Indemnity and Hold Harmless Agreement. Grantee hereby agrees to indemnify and hold <br />Grantor harmless from any and all claims, lawsuits, disputes and allegations by third-parties <br />arising out of Grantee's construction and maintenance of the public trail and sidewalk within the <br />easement area, except to the extent said claims, lawsuits, disputes and allegations arise out of <br />Grantor's acts or omissions, or the acts or omissions ofthird-parties. <br /> <br />6. Maintenance. The Grantee shall maintain the public trail and easement in a manner <br />consistent with its maintenance of other similar trails throughout the City of Roseville. All <br />shrubs and trees planted by Grantee on Grantor's property as part of the construction of the <br />public trail shall be warranted by Grantee for a period of one year. <br /> <br />7. Binding Effect. The terms and conditions of this instrument shall run with the land and <br />be binding on the Grantor, its heirs, successors and assigns. <br /> <br />STATE DEED TAX DUE HEREON: NONE <br /> <br />Dated this <br /> <br />1/. <br />/ (f <br /> <br />day of <br /> <br />,./ ll.?U(./..... . <br /> <br />, 2004. <br /> <br />North Prior, L.L.C., a Delaware <br />limited liability company <br /> <br />By: North Prior Corporation, <br />a Minnesota corporation <br /> <br />By~~~ <br />Gerald L. Trooien <br />Its President <br /> <br />STATE OF MINNESOTA ) <br />) ss. <br />COUNTY OF RAMSEY ) <br /> <br />2 <br />