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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 />I <br />I <br />I <br /> <br /> W~ER~AS, the legal description of the 40 foot wide permanent <br />utility easement is as follow, to-wit: <br /> <br />The centerline of said 40 foot permanent easement for utility <br />purposes is described as follows: <br /> <br /> Beginning at a point on the south line of the Northwest <br /> Quarter of Section 35, Township 32, Range 25, Anoka <br /> County, Minnesota, 20.00 feet west of the west line of <br /> the east 10 rods of said Northwest Quarter; thence <br /> northerly, parallel with said west line to the inter- <br /> section with a line 390.00 feet northeasterly of and <br /> parallel with the north right of way of the Burlington <br /> Northern Railroad and said centerline there terminating. <br /> <br />Hereinafter "Permanent Utility Easement"; and <br /> <br /> W~EREAS, the sewer and~water trunk systems, McKinley Street <br />and storm sewer system are to be paid for through a combination of <br />Tax Increment Financing ("TIF"), Service Availability Surcharge <br />("S.A.S.") and water and sewer special district quarterly billings; <br />and <br /> <br /> WHEREAS, the LkNDOWI~ERS and the CITY by this Agreement are <br />placing into written form their agreements as to the payment by the <br />CITY for the right-of-way acquisition from LANDOWNERS and the <br />payment by the LA/~DO~RS for the public improvements and benefit <br />to their property. <br /> <br /> NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO <br /> <br />AS FOLLOWS: <br /> <br /> me <br /> <br /> PROPERTY RIGHT ACQUISITION BY CITY <br /> <br /> 1. Grant of Property Rights. LANDOWNERS hereby agree to <br />convey to the CITY by warranty deed fee title to the 80 foot wide <br />McKinley Street right-of-way on the Date of Closing. In addition, <br /> <br /> <br />