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<br />EASEMENT AND MAINTENANCE AGREEMENT
<br />THIS EASEMENT AND MAINTENANCE AGREEMENT ("Agreement") is made and
<br />entered into effective as of March 2004, by and between MARVIN A. FLODIN and
<br />VIOLET J. FLODIN, husband and wife, whose address is 8 Scotch Pine Road, North Oaks,
<br />Minnesota 55127 ("Flodins") and GARFIELD STREET, LLC, a Minnesota limited liability
<br />company, whose address is 2601 Sunset Boulevard, Unit 3G, Minneapolis, Minnesota 55416
<br />("Garfield Street") (Flodins and Garfield Street are hereinafter sometimes collectively referred to
<br />as "Grantors"), and THE CITY OF FALCON HEIGHTS, a Minnesota municipal corporation,
<br />whose address is c/o City Hall, 2077 West Larpenteur Avenue, Falcon Heights, Minnesota
<br />55113 ("Grantee").
<br />WITNESSETH:
<br />WHEREAS, Flodins are the fee owners of certain real property legally described on the
<br />attached Exhibit A ("Property"); and
<br />WHEREAS, Garfield Street is the owner and holder of a vendee's interest in the Property
<br />pursuant to that certain Contract for Deed dated as of January 7, 2002 ("Contract") by and
<br />between the Flodins, as Seller, and Garfield Street, as Purchaser, which Contract was recorded in
<br />the office of the Ramsey County Registrar of Titles on January 11, 2002, as Document No.
<br />1668205; and
<br />WHEREAS, Grantee desires the right to construct, reconstruct, inspect, repair and
<br />maintain certain public drainage and utility systems on, over and through a portion of the
<br />Property and Grantors desire to grant Grantee an easement for such purposes; and
<br />WHEREAS, Grantors and Grantee have agreed to enter into this Agreement to set forth
<br />their respective rights and obligations with respect to such easement.
<br />NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
<br />valuable consideration, the receipt of which is hereby acknowledged, the parties agree as
<br />follows:
<br />1. Grantors hereby grant, sell and convey to Grantee, its successors and assigns, a
<br />permanent non-exclusive easement for the purpose, from time to time, of constructing,
<br />reconstructing, inspecting, repairing, and maintaining certain public drainage and utility systems
<br />on, over, across, under and through the portion of the Property described on Exhibit B attached
<br />hereto ("Easement Parcel"), together with a reasonable right of access to said Easement Parcel
<br />and the reasonable right of ingress and egress on, over, across, under and through the Property
<br />for any and all purposes necessary and incidental to the exercise by Grantee of the rights granted
<br />• hereunder.
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