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AMENDED AND RESTATED <br />EASEMENT <br />THIS AMENDED AND RESTATED EASEMENT ("Agreement"), is made and entered <br />into this _ day of May, 2006, between SNELLING AVENUE LLC, a Colorado limited liability <br />company("Grantor") andthe CITY OF ROSEVILLE, a municipal corporationunderthe laws of <br />Minnesota("Ci�y"}(�rrantor and the City are collectively referredto herein as the "parties"). <br />WITNESSETH <br />WHEREAS, Grantor is the fee owner of a certain tract of land located in Ramsey County, <br />Minnesota, as legally described on Exhibit A attached hereto (the "Property"); and <br />WHEREAS, the forrner owners of the Property: Harold Siegel and Margot Siegel, husband <br />and wife, Maurice Galdrnan and May M. Go�dz�nan, husband and wife, and The Great-West Life <br />Assurance company, previously granted a roadway easement on, over and across a portion of the <br />Property for the benefit of the City as set forth in that certain Easement dated March 8, 1971, <br />recorded in the County Recorder's Office in and for Ramsey County, Minnesota on April 1, 1971 as <br />Document No. 1795426 (the "Prior Easement"); and <br />WHEREAS, the roadway actually constructed by the City is in a different location from the <br />easement area described in the Prior Easement; and <br />WHEREAS, for purposes of accurately identifying the easement area for the roadway, the <br />parties desire tn,arnend and restate the Prior Easement in its entirety. <br />NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other <br />good and valuable consideration, the receipt and sufficiency of which the parties hereby <br />acknowledge, the parties agree as follows: <br />1. Grant of Easement. Grantor hereby grants and conveys to the City, its successors <br />and assigns, a perpetual easement for a public road, highway, and sidewall{ and for underground <br />utility mains, pipes and appurtenances over, under and across that portion of the Property legally <br />described on Exhibit B attached hereto and depicted on Exhibit �-� attached hereto (the <br />"�ase�ent Area"). The easement granted herein shall include the perpetual right of the City, its <br />