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EXHIBIT C <br />DECLARATION OF PUBLIC ROADWAY EASEMENT <br />1. Declarant. The Housing and Redevelopment Authority in and for the City of <br />Ramsey, a body politic and corporate under the laws of the state of Minnesota (the "HRA") <br />makes this Declaration of Public Roadway Easement (the "Declaration of Easement") as of the <br />date set forth in Section 2 below. <br />2. Effective Date. This Declaration of Easement is effective as of the day of <br />, 201 . <br />3. Recitals. <br />3.1 Recital One. The HRA is the owner of the real property legally described <br />on the attached Exhibit A (the "F&C Property"); <br />3.2 Recital Two. The City of Ramsey, a municipal corporation and political <br />subdivision of the State of Minnesota (the "City") is the owner of the real property legally <br />described on the attached Exhibit B (the "City Property"). <br />3.3 Recital Three. The F&C Property and the City Property are referred to <br />collectively in this Declaration of Easement as the "Property." <br />3.4 Recital Four. The HRA is selling the F&C Property to F & C Ramsey, <br />LLC, an Indiana limited liability company ("F&C") pursuant to that certain Purchase <br />Agreement among and between F&C, the City and the HRA dated January 31, 2011 (the <br />"Purchase Agreement"). <br />3.5 Recital Five. Pursuant to Section 6(b)(ii)(F) of the Purchase Agreement, <br />the HRA is to convey the F&C Property to F&C subject an appurtenant, exclusive <br />easement over a portion of the F&C Property for public vehicular and pedestrian ingress <br />and egress between the City Property and Sunwood Drive. The public may use the <br />easement 24 hours a day, every day without restriction. <br />4. Declaration of Access Easement. The City hereby declares a perpetual, <br />exclusive easement over and across the real property legally described on Exhibit C-1 (the <br />"Easement Property") and depicted on Exhibit C-2 for the construction, maintenance and repair <br />of a public roadway and the use of such public roadway by the public for vehicular and <br />pedestrian ingress and egress between the City Property and adjacent public rights of way. The <br />easement is referred to herein as the "Public Roadway Easement." <br />5. Benefitted Pronertv. The Public Roadway Easement is appurtenant to the City <br />Property and is for the use and benefit of the City and the public. <br />6. Construction Obligations. [To be constructed by the City unless otherwise <br />agreed prior to closing] <br />C-1 <br />2707737v11 <br />09/27/11 <br />