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HomeMy WebLinkAboutTemp easement/sewer project � �' . 1�� ', � r �� ,. , " � ,� /f • E,' . , ,' :'� ���� City Form 1985-1 ' �-:`� �:� Sanitary Sewer Right of Entry Construction Easement RIGHT OF ENTRY AGREEEMENT TEMPORARY EASEMENT TO CONSTRUCT SANITARY SEWER IMPROVEMENTS Sanitary Sewer Project/Crystal Bay The City of Orono (hereinafter "City" ) and the undersigned, (hereinafter "Owners" ) , in consideration of the sum of One Dollar ($1 . 00) and other good and valuable consideration paid to Owners by the City, the receipt and sufficiency of which is hereby acknowledqed, agree as follows : 1 . Right to Construct Sewer . The Owners hereby qrant to the City, its successors and assigns , the temporary right and easement over and across the real property located in Hennepin County, Minnesota legally described in Exhibit A attached hereto and located qenerally on the map attached hereto as Exhibit B ( "Property" ) to use and occupy the Property for the purposes herein stated, includinq but not limited to the accomodation of equipment , tools , materials and excavated earth at all times prior to June 30 , 1986 . Said construction easement includes the free right of the City, its contractors , agents and employees to enter over, under and upon the Property at all times prior to June 30 , 1986 for the purpose of facilitiating the installation and construction of the public sanitary sewer improvements on the lands abutting or adjacent to the Property, and includes the right with respect to the Property to excavate, fill and grade soil thereon, to remove trees , bushes , grass and other structures which interfere with construction, and the right to operate machinery and equipment on and over the Property, to store machinery and equipment and materials and supplies thereon in connection with such construction of public improvements , and to do anything necessary or useful or convenient for the enjoyment of the easement herein granted . Following construction, the City will cause to be removed all machinery, equipment , materials and supplies and leave the premises in a neat and presentable manner with all disturbed areas reseeded to grass . 2 . Agreement Documents . This agreement consists of this agreement , Exhibits A and B . 3 . Covenant of Ownership . The Owners covenant that they are the record fee owners of the Property and have legal title thereto and have lawful right and authority, without restriction, to convey and grant the right of entry and temporary easement herein granted . . . � K � IN TESTI�NY WHERE , the parties have hereunto set their hands this �� day of , 1985 . � =�.�r.,,����c^� (Owners) (Ow ers) CITY OF ORONO By Its STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoin instrument was acknowledged before me this, � day of , 1985 , by t�/2,€�clliC.k /� - CN�2rls' a nd /�� , , t o me known to be the person(s) described in, and who executed the foregoing instrument, and ackowledged that they executed the same as their free act and deed. ' � otary Public STAT� OF MINNESOTA ) b"''""� DIANNE F. JENTILUCCI, � ' E{OTARY PUBLIC-MINNESOT/,� S S . � ` HENNEPIN COUNTY COUNTY OF HENNEPIN � My commisaion expires Mar. 7, 19i9 The foregoing instrument was acknowledged before me this day of , 1985 , by the of the City of Orono, a municipal corporation, on behalf of the corporation. Notary Public This Instrument Drafted By: Popham, Haik, Schnobrich, Kalufman & Doty, Ltd. 4344 IDS Center Minneapolis, Minnesota 55402 �,� `cAS�M�T 5710f -2- � i + V ` Parcel Description: Commencing at the southwest corner of the northeast quarter of the southwest quarter; thence northerly along the west line of said northeast quarter of the southwest quarter 515.63 feet to the point of begin- ning; thence continue north along said west line 130 feet; thence easterly 208 feet parallel with the south line of the northeast quarter of the southwest quarter; thence southerly parallel with said west line a distance of 130 feet; thence, westerly parallel with the south line of the northeast quarter of the southwest quarter 208 feet to the point of beginning and there terminating. A temporary easement for utility and drainage purposes over, under and across the northerly 15 feet of the property described above EXHIBIT A ,� 'Parcel Description: That �art of �Section 10, Township 117, : North Range 23: Commencing at the southwest �corner of the inortheast quarter of `the :�auttiwest �q��rte�; 'thence northerly ::: along the west' line of said northeast�quarter, of the southwest � quarter 515.63 •feet to:.the `point of' beginning�; thence continue north along said west line '130 feet; thence •easterly 208 feet parallel with the south line of the northeast quarter of the southwest quarter; thence southerly parallel with said west line a distance of 130 feet; thence, westcrly parallel with the south line of the northeast quarter of the southwest quarter 208 feet to the point of beginning and there terminating. � • ' A temporary easement for. fill placement and drainage purposes : over and across the property described above is described below: Commencing at the southeast corner of the property; thence "west 25 feet 'along the south property line to the point of �� beginning; thence continue westerly� �0 feet; thence northerly at right angles 35 feet; thence �westerly at right angles ; 25 feet; thence northerly at r'ight angles 50 feet; thence ,; westerly at right angles 25 feet; 'tYierice northerly at right angles 30 feet; thence easterly at right angles 82.18 feets . ! thence southeasterly 116.37 feet to the point of beginning. � � I . ; I � i ; � , i i i