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<br />EXHIBIT E
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<br />PERMANENT UTILITY
<br />EASEMENT GRANT
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<br />THIS EASEMENT GRANT IS MADE THIS L day of !hut! ' 1998, between
<br />PREFERRED BUILDERS, INC., a corporation organized under the laws of the State of
<br />Minnesota, having its principal office located at 133 Osborne Road, Spring Lake Park, Minnesota
<br />55432, Grantor (hereinafter rcferred to as "Grantor"), and CITY OF MOUNDS VIEW, Grantee,
<br />a municipal corporation organized under the laws of the State of Minnesota, having its principal
<br />oilicc located at 240 I Highway 10, Mounds View, Minnesota 55112 (hereinafter referred to as
<br />"City").
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<br />1. Consideration and Description. In consideration of the sum of $1.00 and other good
<br />and valuable consideration, reccipt of which is acknowledged, Grantor hereby grants, sells, and
<br />conveys to City, its succcssors and assigns, a permanent easement for the purpose of constructing,
<br />laying, operating, inspecting, maintaining, altcring, replacing, repairing and putting into operation
<br />all nccessary public utilities, including but not limited to water and sewer, storm sewer and
<br />drainage, pipes, lines and facilities and appurtenances of said City, in, upon, over and across the
<br />following described real estate owned by the Grantor situated in the County of Ramscy which
<br />is described hercin as the Easement Tract.
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<br />The Easement Tract is legally described on Exhibit A which IS attached hereto and
<br />incorporated herein.
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<br />2. Term of Easement. The easement rights granted herein shall be possessed and enjoyed
<br />by the City, its succcssors and assigns, in perpetuity.
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<br />3. Ingress. E2:ress. and Maintenance. The City, its employees, contractors, and
<br />representatives shall have thc right of ingress and egress to and from the Easement Tract for the
<br />purpose of constructing, laying, operating, inspecting, maintaining, altering, replacing, repairing
<br />and putting into operation all nccessary public utilities, including but not limited to water and
<br />sewer, storm sewer and drainage, pipes, lines and facilities and appurtenances of said City. Such
<br />ingress and egress shall bc limited to the Easement and to existing public roads, if any, on the
<br />premIses.
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<br />4. Ri2:hts and Restrictions of Grantor. Grantor shall havc the right to full use and
<br />enjoyment of the Easement Tract except for such usc as may interferc with the excrcise by the
<br />City of the rights granted herein. Grantor shall not construct or permit to be constructcd any
<br />house, structure, or obstruction on or over or interfering with the construction, maintenance.
<br />repair, or other operation of any utility lines, facilities or appurtenances constructed pursuant to
<br />this instrumcnt. Grantor further agrees that it will not materially change the ground elevation
<br />above such utility lines. facilities or appurtenanccs without the prior written conscnt of the City.
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<br />5. Restoration of Premises. After the installation of the utility lines, facilities or
<br />appurtenances or any subsequent maintcnance thereof, the City, its cmployees, representatives,
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<br />SJR141447
<br />MU20S-9
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