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10-12-2005 Council Agenda
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10-12-2005 Council Agenda
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over and upon the following described property owned by Grantor and situated in <br />Ramsey County, Minnesota: <br />See Exhibit B attached hereto and incorporated herein (Easement <br />Area "). <br />Said easement is for the use and benefit of the general public, the Grantee and <br />its invitees for the purpose specified and shall constitute a covenant running with <br />the Property which shall inure to the benefit of and be binding upon the <br />undersigned parties and their respective successors and assigns. <br />Notwithstanding that the easements granted herein shall be non - exclusive, <br />Grantor agrees not to grant additional easements which would unreasonably <br />interfere with the easements granted herein, and any grant of additional <br />easements to other parties shall be conditioned on the obligation of such parties <br />to repair and restore any damage to the improvements completed by Grantee <br />pursuant to this Easement. <br />2. Construction /Maintenance. The Grantee shall be solely <br />responsible for the construction within the Easement Area of the sidewalk /trail as <br />described in the plans attached as Exhibit C hereto and incorporated herein <br />( "Plans "). Once completed, the Grantee shall be solely responsible for keeping <br />the sidewalk /trail within the Easement Area properly maintained (including snow <br />removal), in good repair, suitable for its intended use and in accordance with all <br />applicable laws and ordinances. Except to the extent required by municipal <br />ordinances with general application, Grantor shall have no obligation to repair or <br />maintain the Easement Area or any trail, sidewalk or other improvements <br />constructed by Grantee thereon. <br />3. Reverter. In the event both the: (a) sidewalk /trail improvements <br />described on Exhibit C attached hereto, and (b) the extension of sidewalk/trail <br />improvements to the City's trail system are not completed on or before July 1, <br />2006, then all easement and other rights granted hereunder shall revert to <br />Grantor without further action on Grantor's part and this Agreement shall be null <br />and void. <br />3 <br />
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