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<br />EXHIBIT D <br /> <br />e <br /> <br />PERMANENT ROAD AND UTILITY <br />EASEMENT GRANT <br /> <br />THIS EASEMENT GRANT IS MADE THIS L day of m~ . 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 referred 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 />office located at 2401 Highway 10, Mounds View. Minnesota 55112 (hereinafter referred to as <br />"City"). <br /> <br />1. Consideration and Description. In consideration of the sum of $1.00 and other good <br />and valuable consideration, receipt of which is acknowledged, Grantor hereby grants. sells, and <br />conveys to City, its successors and assigns, a permanent easement for the purpose of constructing. <br />laying, operating. inspecting. maintaining, altering. replacing. repairing and putting into operation <br />a public road and all necessary public utilities. including but not limited to water and sewer, <br />storm sewer and drainage. pipes. lines and facilities and appurtenances of said City, in. upon, <br />over and across the following described real estate owned by the Grantor situated in the County <br />of Ramsey which is described herein as the Easement Tract. <br /> <br />e <br /> <br />The Easement Tract is legally described on Exhibit A which is attached hereto and <br />incorporated herein. <br /> <br />2. Term of Easement. The easement rights granted herein shall be possessed and enjoyed <br />by the City, its successors and assigns. in perpetuity. <br /> <br />3. Ingress. Ee:rcss. and Maintenance. The City, its employees, contractors, and <br />representatives shall have the 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 a public road and all necessary public utilities, including but not <br />limited to water and sewer. storm sewer and drainage, pipes, lines and facilities and <br />appurtenances of said City. Such ingress and egress shall be limited to the Easement and to <br />existing public roads, if any, on the premises. <br /> <br />The public shall have the right to use and travel the public road as laid out in the <br />Easement Tract. <br /> <br />4. Rights and Restrictions of Grantor. Grantor acknowledges that the City shall have <br />the exclusive right to the full use and enjoyment of the Easement Tract granted herein. Grantor <br />shall not construct or permit to be constructed any house. structure, or obstruction on or over or <br />interfering with the construction, maintenance, repair, or other operation of any public road or <br />utility lines, facilities or appurtenances constructed pursuant to this instrument. <br /> <br />e <br /> <br />SJR141447 <br />MU20S--9 <br /> <br />D-l <br />