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UTILITYEASEMENT
<br />THIS INSTRUMENT is made bythe City of Roseville, a Minnesota municipal corporation,
<br />Grantor, in favor of ArvigEnterprises INC, a corporationunder the laws of the State of Minnesota,
<br />Grantee (
<br />Recitals
<br />A.Grantoristhe fee owner of property in RamseyCounty, Minnesota, legally described on the
<br />attached Exhibit A
<br />B.Grantordesiresto grantArviga non-exclusive permanent utilityeasement, according to the
<br />terms and conditions contained herein.
<br />Terms of Easement
<br />1.Grant of Easement.For good and valuable consideration, receipt of which is hereby
<br />acknowledged by Grantor, Grantorgrantsand conveysto Arvigapermanent, non-exclusiveutility
<br />easement over, under, across, and throughthat part of the Propertylegally described on Exhibit B
<br />and shown on the map attached as Exhibit C(the
<br />2.Scope of Easement. The above-describedpermanent utilityeasement includes the right of
<br />Arvig, its contractors, agents, and employees to do whatever is necessary for enjoyment of the
<br />rights granted herein to use the Easement Area for the placement of utilities and related purposes
<br />including the right to enter the Easement Area for purposes of constructing, operating, maintaining,
<br />altering, grading, repairing, replacing, or removingits utilities, including but not limited to, the
<br />right to place, maintain, improve, repair, replace, and removeitsutilities and related facilities
<br />within the Easement Area, and the rights to cut, trim, or remove trees, shrubs, or other vegetation
<br />existing within the Easement Area,and to prohibit obstructions and grading alterationsnow or in
<br />the future as in judgment unreasonably interfere with the use or maintenance of the
<br />Easement Area.
<br />3.Warranty of Title. Grantorwarrantsthat Grantoristhe fee ownerof the Property and has
<br />the right, title, and capacity to convey to Arvigthe easement herein.
<br />4.Environmental Matters. Grantorshall not be responsible for any costs, expenses, damages,
<br />any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous
<br />substances, pollutants, or contaminants which may have existed on, or which relate to, the
<br />Easement Area or the Property prior to the date of this instrument.
<br />5.Binding Effect. The terms and conditions of this instrument shall run with the land and be
<br />binding on GrantorandGrantosuccessors and assigns.
<br />6.Right-of-Way. This easement is located withinthepublicright-of-wayas it is defined in
<br />Minnesota Statutes Section 237.162. Therefore,Minnesota Statutes Sections 237.16, 237.162,
<br />237.163, 237.79, 237.81,Minnesota Rules Parts 7819.0050 7819.9950,Minnesota Rules Chapter
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