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<br />1.1 "Drainage/Utility Easement" The entire parcel except the southwestly 30 feet <br />(30') within the Easement Area. <br /> <br />1.2. "Pathwav" A ten foot (10') wide .bituminous surfaced pedestrianlbicyclist <br />pathway for public use to be constructed within the Easement Area. <br /> <br />2. Pathway and DrainaeelUtilitv Easement. Owner(s) hereby grant, bargain, convey and <br />quit claim unto the City, a perpetual easement for public use over, on and across the <br />Easement Area. <br /> <br />3. Riehts and Oblieations of City. The City shall have the following rights and <br />obligations: <br /> <br />3.1 The City shall have the right to enter upon the Easement Area for the purpose of <br />maintaining, repairing or improving the Pathway or for DrainagelUtilities issues. <br /> <br />4. Indemnification. The City shall and do"es hereby indemnify, defend and hold <br />harmless the Owner( s), their heirs, administrators, successors and assigns, from and <br />against any and all claims, costs, expenses and liability, including attorneys fees and costs <br />of suit in connection with all claims, including any action or proceedings arising from or <br />as a result of the death of, or any accident, injury, loss or damage whatsoever caused to, <br />any persons or entity, or to the property of any person or entity, occurring on or arising <br />from use ofthe Pathway or Easement Area. <br /> <br />IN WITNESS WHEREOF, the said Landowners have caused this agreement to be <br />executed as of the day and year first above written. <br /> <br />GRANTOR: <br /> <br />BV~ 1L)jt-~ <br /> <br />Daune A. St. Hilaire <br /> <br />By: ~ ~ a. 2l. ;.Jj..j <br />. ry A. St.HIlalre <br /> <br />STATE OF MINNESOTA ) <br />) ss. <br />COUNTYOFANOKA ) <br /> <br />.. <br /> <br />-132- <br />