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EARNEST MONEY CONTRACT U-33-05 We, the undersigned, hereby acknowledge receipt from the City of Roseville, a municipal corporation, of the sum of $1 .00, as earnest money on account of the grant by us to the City of Roseville, its successors and assigns, of a perpetual easement for retaining wall and appurtenances over, under, and across the following tract of land in Ramsey County, described as follows: SEE EXHIBTT "A" L The undersigned grant the City of Roseville the right to enter upon the above easement to perform construction work for the above purposed immediately upon execution of this agreement by the grant herein. 2. The total price for such easement shah be the sum of $750.00 of which $1 .00 has been paid as aforesaid, and the balance shall be payable as soon as a good and marketable title has been established and an easement in writing tendered. 3. We agree to promptly supply the registered property Certificate of Title if the property is Torrens property, showing good title in us, provided, however, the City of Roseville shall pay for any continuance of the registered property report. 4. If the premises are encumbered, we agree as part of the above consideration to obtain the consent of the mortgagee or other encumbrancer. 5. The easement to be granted shall be prepared by the City of Roseville at its own expense and shall include the perpetual right of said City of Roseville, its successors and assigns, to grade, level, fill, build, maintain and rebuild and appurtenances over and across the strip of land hereinbefore described, together with perpetual easement for ingress and egress. 6. If title is not good and cannot be made good within 90 days, or if any encumbrancer shall refuse ar fail to join in said easement, then at the option of the City of Roseville, this agreement shall be null and void and earnest money refunded. 7. The City will install six (6) 6 foot evergreen trees along the westerly side of the described tract of land at no cost to the property owner. 8. The State will extend the existing chain link fence to a point 6 feet from the corner. The fence will be placed 4 feet behind the back of the relocated retaining wall. New fence material shall match existing material, ar the state will replace all of the chain lii fence on top of the wall with new fence. 9. The State will protect the existing deciduous tree in the northwest comer of the lot. The City will guarantee this tree for 5 years after June 1, 2000. If at any point in this five year period this tree dies, the City will remove the tree, and install a 2.5 inch caliper replacement tree. Date �M 2000 Date , 2000 � B Y. ' 7 ,n - � �d � '�-�-�i-�� O� ,�-ri �i Owner City of Roseville, Mayor BY _ City of Roseville, Manager