05.02 - TDS Easement for Fiber Optic Line

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DOCUMENT NO. CORPORATE CONVEYANCE OF EASEMENT FOR VALUABLE CONSIDERATION the City of Peguot Lakes, Minnesota, a municipal corporation and political subdivision of the State of Minnesota ( "Grantor") hereby conveys and quit claims to ARVIG TELEPHONE COMPANY, D /B /A TDS TELECOM, a Corporation, its successors and assigns, ( "Grantee "), a non- exclusive easement to construct, use, maintain operate, alter, add to, repair, replace, and /or remove its facilities consisting of underground cables and wires, and for appurtenances for communication and /or other purposes upon, in, under, across, and along that certain real property in Crow Wing County, State of MINNESOTA, described as follows, (the "Subject Property"): An easement 10.0 feet in width, lying 5.0 feet on each side of the following described center line across the Southwest Quarter of the Southwest Quarter, Section 11, Township 136 North, Range 29 West: Beginning at a point 797.0 feet North and 341.11 feet East of the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence North 87 degrees 56 minutes 31 seconds East assumed bearing parallel to the South line of said Southwest Quarter of the Southwest Quarter a distance of 386.22 feet, more or less, to a point on the East line of Bergquist Drive extended and there ending. Return To: D. Kevin Berrett 290113300CAA009 TDS Telecom Parcel Identification Number P. O. Box 5158 Madison WI 53705 -0158 SECTION 11 TOWNSHIP 136N RANGE 29W TOWNSHIP NAME City of Peguot Lakes The grantee, for itself, its successors and assigns, agrees that it will pay the reasonable value of any actual physical damage done to the Subject Property of the grantor, its successors and assigns, arising at any time out of the exercise by it of the rights herein granted. Grantee shall restore the Subject Property to as was prior to construction condition as a result of the repair, removal of replacement by Grantee of its facilities or the exercise by Grantee of any of the rights herein granted. The Grantee, its successors and assigns, shall have the right of ingress to and egress from the Subject Property for the purpose of exercising the rights herein granted, and, subject to approval by the Grantor, the right to cut down and control the future growth of all trees and brush which may, in Grantee's judgment, interfere with the use of said easement. Grantor covenants not to erect any structure upon the aforesaid real property that would interfere with Grantee's use of said easement and this covenant shall be binding upon Grantor's successors and assigns.