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(top 3 inches reserved for recording) <br />DRAINAGE, UTILITY AND WELL EASEMENT AGREEMENT <br />This Drainage, Utility and Well Easement Agreement is entered into by and between <br />Independent School District No. 624, White Bear Lake Area Schools (“Grantors”), and the City <br />of Hugo, a municipal corporation under the laws of Minnesota (“Grantee”). <br />RECITALS <br />WHEREAS, Grantor has acquired property from Grantee; and <br />WHEREAS, Grantee requires a permanent drainage and utility easement over a portion <br />of Grantor’s property, which portion is legally described in Exhibit A (“Drainage and Utility <br />Easement Area”); and <br />WHEREAS, Grantee also requires a well easement over a portion of Grantor’s property, <br />which portion is also legally described in Exhibit A (“Well Easement Area”); and <br />WHEREAS, Grantor agrees to grant a permanent drainage and utility easement and a <br />well easement to Grantee according to the terms and conditions contained herein. <br />TERMS OF EASEMENT <br />NOW THEREOFRE, IN CONSIDERATION OF the foregoing and the mutual <br />promises and agreements contained herein and for other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: <br />1. Grant of Drainage and Utility and Well Easements. Grantor hereby grants and <br />conveys to Grantee a permanent drainage and utility easement over, under, and across the area as <br />described in the attached Exhibit A. Grantor also hereby grants and conveys to Grantor a <br />permanent well easement over, under, and across the area described in Exhibit A. <br />2.Scope of Drainage and Utility Easement. The drainage and utility easement <br />granted hereunder includes the right of Grantee, its contractors, agents, and employees to enter <br />upon said premises at all reasonable times for the purposes of construction, grading, sloping, <br />maintenance, and restoration purposes, and all purposes ancillary thereto, together with the right <br />to remove trees, shrubs, or other vegetation in the Exhibit A Easement Area, as necessary to <br />utilize the Easement Area for the intended drainage and utility purposes. <br />EXHIBIT B