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operate, maintain, use, protect, repair, rebuild, upgrade, replace, abandon in place, and/or remove
<br />mtmicipal utilities, drainage ditches, and all other equipment and appurtenances as may be
<br />convenient in connection therewith for public transportation and the transportation and
<br />distribution of water (including surface and storm water), sewage, natural gas, and any product,
<br />by-product and derivatives thereof, whether liquid or gaseous (i.e., the Utilities), together with
<br />the right to locate, construct, or reconstruct same at various dimensions at any time hereafter as
<br />Gratatee shall deem useful or necessary, at any time or times, upon and' along a route or routes
<br />on, in, over, tinder, through, and across the Easement Area situated in the County of Anoka, State
<br />o l' Mhmesota, which Grantor warrants that Grantor owns in fee simple, together with the right to
<br />clear and to keep the Easement Area cleared so as to prevent damage or interference with its
<br />efficient operation and patrol, and together with a flowage easement (including the right to
<br />overflow, flood and submerge water) to maintain and adjust the water levels in the ditches, as
<br />l?om time to time, determined by Grantee. Grantor further grants Grantee the right of in,ess
<br />and egress to and fi'om the Easement Area for all purposes convenient or incidental to use such
<br />of Grantor's lands immediately adjacent to each side of the Easement Area as is reasonably
<br />required during construction activities.
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<br />3. Grantee shall, as soon as possible, backfill any excavation made by it within the Easement
<br />Area and, with the exception of drainage ditches, shall restore the surface area as reasonably
<br />practicable to its condition prior to the work by the Grantee.
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<br />4. Grantee shall indemnify and hold Grantor harmless from and against any and ail loss and
<br />clamage that shall be caused by any construction, operation, use, maintenance, repair, leakage or
<br />replacement of Grantee's Utilities or through any act or omission of Grantee or of its contractors,
<br />agents or employees in the course of their employmen, t, except to the extent such loss or damage
<br />results l'rom the negligence or willful misconduct of Grantor, its agents, representatives,
<br />employees, contractors, pr invitees.
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<br />5. Grantor reserves the right to use the surface portions of the Easement Area for purposes that
<br />will not interfere with Grantee's full enjoyment of the rights granted by this Agreement.
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<br />6. The Easement granted herein shall be perpetual and shall run with the land and shall be
<br />binding upon and inure to the benefit of the heirs, successors and assigns of Grantor and Grantee.
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