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<br />Easement Agreement
<br />
<br />
<br /> Form 704CM; Rev. 04/20/2023
<br />
<br />EASEMENT AGREEMENT
<br />FOR 130th At Grade Crossing
<br />(C&M Agreement)
<br />
<br />THIS EASEMENT AGREEMENT FOR 130th At Grade Crossing ("Easement Agreement") is made and
<br />entered into as of the _______ day of _____________________ 2025("Effective Date"), by and between BNSF
<br />RAILWAY COMPANY, a Delaware corporation ("Grantor"), and CITY OF HUGO, a political subdivision of the
<br />State of Minnesota. ("Grantee").
<br />
<br />A. Grantor owns or controls certain real property situated at or near the vicinity of
<br />_______________________, County of _____________, State of _________, at Railroad Line Segment 214 Mile
<br />Post 14.79, as described or depicted on Exhibit "A" attached hereto and made a part hereof (the "Premises").
<br />
<br />B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement
<br />dated as of ______________________________________ concerning improvements on or near the Premises
<br />(the “C&M Agreement”).
<br />
<br />C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
<br />Easement Purpose (as defined below).
<br />
<br />D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth
<br />in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which terms
<br />shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever reason,
<br />no longer in effect.
<br />
<br />NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the
<br />mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which
<br />are hereby acknowledged, the parties agree as follows:
<br />
<br />Section 1 Granting of Easement.
<br />1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M
<br />Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to herein
<br />as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict accordance
<br />with the terms of this Easement Agreement and the C&M Agreement.
<br />
<br />1.2 Grant. Grantor does hereby grant unto Grantee a non -exclusive easement ("Easement") over
<br />the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and
<br />all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature
<br />whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and
<br />local laws, regulations, ordinances, restrictions, covenants and court or administr ative decisions and orders,
<br />including Environmental Laws (defined below) and zoning laws (collectively, "Laws"),. Grantor may not make any
<br />alterations or improvements or perform any maintenance or repair activities within the Premises except in
<br />accordance with the terms and conditions of the C&M Agreement.
<br />
<br /> 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and
<br />any other parties who may obtain written permission or authority from Grantor:
<br />
<br />(a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
<br />relocate any existing pipe, power, communication, cable, or utility lines and
<br />appurtenances and other facilities or structures of like character (collectively, "Lines")
<br />upon, over, under or across the Premises;
<br />
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