01-11-2016 Council Packet - Laserfiche WebLink

Home Browse Search

184949v1 EXHIBIT D “Dock Easement” EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (“Agreement”) is made and entered into this ____ day of ____________, 201__, by and between Jacob J. Barkley and Maureen L. Barkley, as joint tenants (collectively, “Grantor”), James B. Seals and Victoria M. Seals, as joint tenants (collectively, “Seals”), and Mark R. McCutcheon and Jayme A. McCutcheon, as joint tenants (collectively, “McCutcheon”). Seals and McCutcheon are referred to herein, individually and collectively, as the “Grantees”. WHEREAS, Seals is the owner of certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the “Seals’ Property”); WHEREAS, McCutcheon is the owner of certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit B (the “McCutcheon’s Property”), and the Seals’ Property and the McCutcheon’s Property is referred to herein collectively as the “Grantee’s Property”; WHEREAS, Grantor is the owner of certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit C (the “Grantor’s Property”); WHEREAS, Grantor’s Property consists of three separate parcels of real property: (1) a parcel on which a house is located, which parcel lies north of Bayside Road; (2) a parcel lying southerly of Bayside Road and lying partly above and partly below the waterline of Stubbs Bay (the “Shoreline Parcel”); and (3) a small triangularly shaped parcel lying south of Bayside Road, but northerly of the Shoreline Parcel (the “Middle Parcel”). WHEREAS, the Shoreline Parcel and Middle Parcel are legally described on the attached Exhibit D; WHEREAS, the west half of the Middle Parcel is subject to an easement for the benefit of Seals and Seals’ Property for ingress and egress from Stubbs Bay and for the erection and maintenance of a small private dock, by virtue of Document No. T1154647, filed October 3, 1975 (the “Old Easement”); WHEREAS, the Middle Parcel is separated, in part, from the shore of Stubbs Bay by the Shoreline Parcel; WHEREAS, until on or about the date hereof, the Shoreline Parcel was owed by the City of Orono, a Minnesota municipal corporation (the “City”); WHEREAS, on or about the date hereof, the Grantor purchased the Shoreline Parcel from the City;