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I <br />I <br />I <br /> <br />EASEMENT CONSIDERATION AGREEMENT <br /> <br /> This Agreement is dated September, 2002 and is by and between CHARLES M. - <br />PRATLEY and MARLENE C. PRATLEY, husband and wife ("LANDOWNERS") and the CITY OF <br />RAMSEY, a municipal corporation organized under the laws of the State of Minnesota ("City,'). <br /> <br /> Whereas, the LANDOWNERS have granted to the CITY simultaneous with the execution of this <br />Agreement, a Pedestrian Trail Easement over and across the northerly 15 feet of Lot 1, Block 3, <br />Gorham's Sandy Acres Estates, Anoka County, Minnesota (the "Trail Easement");. and · <br /> <br /> Whereas, the CITY has agreed, as consideration to the LANDOWNERs for the grant of the Trail <br />Easement, to construct a wooden fence on the entire length of the Trail Easement; and <br /> <br /> Whereas, the LANDOWNERS agree that the CITY's construction of the said wooden fence at <br />the CITY' s expense is sufficient consideration for their grant of the Trail Easement. <br /> <br />Now, therefore, it is agreed by' and between the parties hereto as follows: <br /> <br />1. That as and for full and complete consideration for the granting of the Trail Easement, the <br />CITY shall construct a wooden fence on the Trail Easement according to the following <br />specifications: <br /> <br />(1) <br /> <br />Fence Type: Premium Dog Ear Cedar Wooden Fence. The fence should be of <br />the type shown on the attached single page Exhibit "A", and manufactured by ' <br />Universal Forest Products, Inc. <br /> <br />(2) <br /> <br />Fence Height: Six (6) Feet <br /> <br />(3) <br /> <br />(4) <br /> <br />Fence Location: 185 lineal feet along the northerly property line of Lot 1, Block <br />3, Gorham's Sandy Acres and 13 feet from the Alpine Drive right-of-way. <br /> <br />General: LANDOWNERS, their heirs, and assigns, shall be deemed the fence <br />owners; they shah assume and be responsible for all maintenance of the fence, <br />including any replacement thereof; and they shall assume all liability related to <br />the existence of the fence upon construction of the fence by the City. <br /> <br />~ WITNESS WHEREOF, the parties have caused this Agreement to'be executed the day and year first <br />above written. <br /> <br />CITY OF RAMSEY, LANDOWNERS <br />a Minnesota Municipal Corporation U~"~? ~ <br /> Charles M. pratley, Attorney in Fact for <br /> Marlene ~. pratley <br /> <br /> Charles M. Pratley <br /> <br />By: <br /> <br /> Its: Mayor <br />Attest: <br /> <br />By: <br /> <br />Its: City Administer <br /> <br />-61- <br /> <br /> <br />