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EARNEST MONEY CONTRACT 14-11-81 98-11 #39 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 temporary easement for public trail and utility purposes over. under, and across the following tract of land in Ramsey County, described as follows: SEE EXHIBIT ,•A„ The undersigned grant the City of Roseville the right to enter upon the above easement to perform construction work for the above purpose immediately upon execution of this agreement by the grant herein. 2. The total price for such easement shall be the sum of $o ��. c h $ 1. 0 0 h a s b e e n pa.id a s 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 temporary right of said City of Roseville, its successors and assigns, to grade, and construct, public trail and appurtenances over and across the strip of land hereinbefore described, together with temporary 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 or 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 construct a 12' x 15' concrete turn around appro�mately 2 feet west of the easterly property line as a part of this trail construction project The landowner grants the temporary easement area to construct the turn around as a part of this agreement No additional compensation will be awarded. 8. The City will transplant the three existing coniferous trees being disturbed by the trail construction. These will be relocated to another area of the property mutually agreeable to both parties.