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• CITY OF FALCON HEIGHTS COUNCIL DECLARATION Date: March 10, 2004 A DECLARATION OF PERMANENT PONDING EASEMENT Whereas, Declarant is the fee owner of land located in Ramsey County, Minnesota more fully described in Exhibit A, etc. Whereas, the City of Falcon Heights has caused the preparation of plans and specifications for the re-construction of an existing pond and sidewalk located on park property. Whereas, said project is designated as City of Falcon Heights Project S.P. 6219-119 (TH 51=125), and Whereas, Declarant desires to declare a permanent ponding easement to retain and protect the pond on the real property for the benefit and use of the public thereon, over that portion of the Property shown bounded by the sidewalk on Exhibit A, attached hereto (hereinafter referred to as the "Permanent Ponding Easement Area"), Whereas, the City Administrator's Office and Park Director's office have reviewed the plan and • recommend dedication of said easement as shown bounded by the sidewalk on the attached exhibit A, and Whereas, the City Council hereby acknowledges this work as a benefit to the City consistent with the City's long range goals, programs and policies, • Now, Therefore, in consideration of the premises, the Declarant hereby states and declares as follows: 1. Declarant hereby declares, consents and grants to the public a permanent ponding easement in, under, on ,over and through the Permanent Ponding Easement Area. 2. Declarant further declares that this public easement shall run with the Property and be binding on all parties having any right, title or interest in the property or any part thereof, their heirs, successors and assigns. DECLARED by the Falcon Heights City Council on March 10, 2004 Susan L. Gehrz, Mayor ATTEST: