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~Yq. <br /> <br />9-~0-~S ; 5:~lP~ ;$EVERS~N WILCOX <br /> <br />EXHIBIT "E" <br /> <br /> I <br /> i <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> EIGHT OF ENTR YA GR EEMENT <br /> THIS AGREEMENT is made this ,~ ~' ~'~'ay of September, 1995, by mad between L.W. <br /> MAKENS and DLANA MAKENS, ("GRANTOP,."), and thc CITY OF P,.AMSEY, a Minnesota <br /> municipal corporation, ("CITY"). <br /> <br /> WHEREA~, GRANTOR is the fe~ owa:r of thc ma1 pruperty over which the CITY OF. <br /> <br /> RAMSEY desires to acquire the following described eamments: <br /> See attached Exhibit "A" (tho "Easements"); and <br /> Ir~H-EREAS, thc CITY is preparing plan~ and specU.ications for the construction and <br />maintenance of public utilities on the aforedescribed easeme .rf.s; and <br /> <br /> WHE~, the CITY has requested that the GYCAN'roK convey the albredcscrr~d <br /> easements to the CITY ro accommodate the com~truction and m~dntcnance of public utilities; and <br /> <br /> W/TERF_.AS, the GRANTOR is wllllng to convey tt~ afored~cribed casements to the' CITY <br />upon term~ and conditions that have not be~n es-tabli~he, d; and <br /> <br /> W//ERF__.A~, the GRANTOR is v,511ing to permit thc CITY to have possession of the <br />aforedescr/bed easements imm~iately so that the CITY my .b~gin survey work and construction <br />of the utilities; and <br /> <br /> Fr'HEREA~', in the e~vmt that thc crl'¥ and the GRANTOR are unable to reach agreement <br />on the terms and conditions under which the CITY will acquire the aforedescribed e'a.mment% the <br />CITY will agree to commence condemnation proceedings to ar. quire the easemmm immediately <br />upon writmn rccluzst of GRANTOR so that the compensation to be paid to the GRANTOR. may be <br />dcterm;ncd. <br /> <br /> NOW, T~F~..F.O.,F~,, IT IS tIEK. EB i"A GREED between t~he parties as follows: <br /> <br /> 1. The GRANTOR hereby grants to thc CITY, its agents, assigns, .employees, <br /> contractors and invitees, perrni.qsion to crazr upon the afore, described easements for <br /> the purpose of surveying for, constructing and rnainm;n~ng public utilities, lr the <br /> CITY and GRANTOR ~tre unable to reach agreement on the terms and conditions <br /> under which the CITY will acquire the afomdcseribed casements, the CITY agrees <br /> that, upoa writ-tm request of GRA_)qTOR, it will .immediately commence <br /> condemnation proceedings to acquire the aforcdescribcd easements so that the <br /> compen.mtion ro be paid to GRANTOR may be determined. <br /> <br />qq <br /> <br /> <br />