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-- -- , �•� •� ..•j ....... a+�..nccaa iJ11JA. XNA a X%W0L5► %JVU J."UlLIZU <br />PARTNERSHIP, a Delaware limited partnership ("Partnership"), and <br />- <br />the CITY OF ROSEVILLE, MINNESOTA, a municipal corporation organized <br />and existing under the laws of the State of Minnesota ("city")..- <br />Recitals <br />A. The Partnership is the registered owner of that property <br />legally described in Exhibit- A attached hereto, located in Ramsey <br />County, Minnesota ("Subject Property"). <br />B. The Subject Property is currently subject to two sewer <br />easements in favor of the City (formerly known as the "Village of <br />Roseville") as set forth in instruments recorded in Book_1801 of <br />Ramsey County Records, Page 590 and 799, the location of which <br />s <br />easement was stipulated in Torrens Case No. 11157 ("Old, <br />Easements"). <br />C. The parties wish to release the Subject Property from. the <br />Old Easements and also wish to provide two new easements in favor,,. <br />of the City over part of the Subject Property. <br />Agreement <br />a <br />NOW, THEREFORE, in consideration of the foregoing and of <br />r <br />.the <br />terms and conditions hereafter set forth, the parties agree asr <br />fellows: ' <br />{ <br />1.: <br />Release of Old Sewer Easements. The City hereby releases <br />and discharges the Subject Property from the Old Easements and' <br />acicnowledges that the Old Easements are of no further force or <br />effect. <br />2. Grant of New Sewer Easement. The Partnership herey. <br />grants, bargains and conveys to the, City a permanent, non-exclusive <br />easement for sanitary sewer purposes over, under and across that <br />part of the Subject Property which lies within the Easement Area <br />legally described in ExhibitB attached ..:hereto. This easement <br />includes a right of reasonable access to the sewer within the <br />,}r <br />Easement Area for inspection, operation, maintenance and repair, <br />thereof. In connection with any use of the easement by the City, <br />the City agrees to restore the Subject Property to its condition <br />,r <br />existing immediately prior to the exereise of the City rights <br />hereunder. <br />3. Grant of Road Easement. The Partnership also hereby <br />rants bargains and conveys to the City a grants, g y y permanent, exclusive <br />easement for -street purposes over and across the westerly 43 feetL. <br />of the Subject Property. <br />j5 <br />' <br />j ti <br />