CCP 01-13-2009 (3) - Laserfiche WebLink

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• EXHIBIT I EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made this day of , 20_, by MT Properties, Inc., a Minnesota corporation, Grantor and City of New Brighton, a municipal corporation under the laws of the State of Minnesota, Grantee. Recitals A. Grantor is the fee owner of certain real estate (the "Property") in Ramsey County, Minnesota, described as follows: Lot 2, Block 1, Estes Express Addition, Ramsey County, Minnesota. B. Grantee desires to obtain a non-exclusive, temporary easement for construction, operation and maintenance of a railroad wye as hereinafter described in, over and across the Property. Terms Now, therefore, for good and valuable consideration, the parties agree as follows: 1. Scope of Easement Rights. Grantor grants and conveys to Grantee a temporary easement over the entire Property for 30 years, for construction, operation and maintenance of a railroad wye, consisting generally of road bed, rails, ties, ballast siding, drainage structures, road crossings and related railroad appurtences. The easement created herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation that, in the City of New Brighton's judgment, unreasonably interfere with the easement or facilities of the City of New Brighton, its successors or assigns. 2. Easement to Run with Land; No Merger. The easement created herein shall run with the land and be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. 3. Amendment; Modification; Termination. This Agreement may not be modified, restated, amended, changed in any way, or prematurely terminated or canceled without the prior written consent of the Grantor and Grantee and the Commissioner of the Minnesota Department of Transportation and the Commissioner of the Minnesota Department of Finance. JBD-209307v8 RC 145-408