#04-2998 Easement Proceedings - Laserfiche WebLink

Home Browse Search

Tract H, and to allO\v the city to maintain the driveway over Tract G. In fact, it would be quite unusual to expect the Van Eeckhouts on their o,vn to string power lines and run gas lines along the nearly 400-foot length of Tract G. It may even be appropriate to take judicial notice that utilities are usually installed and maintained by utility companies. 25. The precise issue of importance, then, is whether the Petitioners may formalize their an-angements with utility companies and the city by written agreements, and file such written agreements with the Registrar of Titles so that they may be memorialized on the Certificate of Title for Tract G. The answer would seem to be in the affirmative. Doc. No. 1006708 might serve as an example of such an arrangement. Insofar as it constitutes a formal authorization for the Grantee to use the utility easement on behalf of the owners of Tract H in the same way as the owners themselves may have done, it is valid. The title of the document (Partial Assignment of Easement) may give the wrong impression. However, document refers to the utility easement filed as Doc. No. 998133 and states that the "Assignee" is assigned the right "to construct, operate, inspect, maintain, repair, alter or remove gas mains, service pipes and appurtenances thereto" on Tract G. The document does not increase the burden of the easement on Tract G, nor does it attempt to expand the land area benefited by the original utility easement. The Registrar of Titles accepted Document No. 1006708 for filing, and such filing appears to be proper and in accordance with Minn. Stat.§§ 508.48 and 507.24. 26. The statements at paragraphs 1.c and 2.c in the foregoing Conclusions of Law would be applicable to Doc. No. 1006708 and to appropriately worded grants or assignments in favor of the other utility companies and to the City of Orono. Conclusion. 27. The driveway and utility easements over Tract G are appurtenant to Tract H; if Tract H is subdivided, the owners of the separate parcels may have use of the easements; 13