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PERMANENT RIGHT-OF-WAY EASEMENT AND AGREEMENT <br />(In -lieu of Eminent Domain) <br />(Entity to County) <br />GRANTOR and GRANTEE (both parties are identified on page 2) agree: <br />1. Upon payment of the consideration (Section 3), and without any further deed or action, <br />GRANTOR grants and conveys to GRANTEE a permanent easement ("Easement") over, under <br />and across the real property described on Exhibit A ("Legal Description"). Exhibit B is a <br />graphical depiction of the area for convenience of the parties and does not limit or extend the <br />easement area. <br />2. Easement conveys to GRANTEE all rights necessary for the construction, operation, and <br />maintenance of all public right-of-way and utility uses now known or adopted in the future. Said <br />rights include, but are not limited to, the following rights: <br />A. To remove and use all plants, trees, and natural growth now existing, or later planted or <br />grown; <br />B. To permanently grade or alter the grade of the land, and to remove and use all earth and other <br />material not reasonably necessary for lateral and subjacent support; <br />C. To limit or allow all rights of access to the public right-of-way from the adjoining land; <br />D. To store equipment or supplies; and <br />E. To remove any physical improvements or fixtures. <br />3. GRANTEE will pay ($000.00) Zero and 00/100 dollars to GRANTOR as full compensation for <br />any and all claims relating to the conveyance of the Easement. Payment will be made within 60 <br />days of the effective date, unless otherwise agreed. <br />4. GRANTOR hereby quitclaims and conveys to GRANTEE any and all interests it possesses in the <br />real estate conveyed to be used by GRANTEE for the construction, operation, and maintenance of <br />a public right-of-way and utility uses. GRANTOR makes no representations or warranty <br />regarding the quality of the title to the real estate conveyed <br />5. GRANTOR knowingly waives all claims to damages pursuant to Minnesota Statutes Chapter <br />117, except those related to relocation or reestablishment, if applicable. <br />1 <br />