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� ���.�����ER ��T� ��
���9.yjF�il��',u�TY 7AX�,P11ElIC.R�C(1RUS
��.3�4�� AUG 9 1993
,,�{ iN CO �-�_N.
- ,,,_._DEPUTY
DRAINAGE EASEMENT ��- y �
THIS INDENTURE, made this 6th day of _ 7y�� ,
19 93 , between Robert F. Henson, Jr. & Ann M. HenG�n.h���.F��r�::t�:w.•�-of the
County of Hennepin and the State of
Minnesota , on behalf of themselves ,
their heirs , successors and assigns , (hereinafter referred to as
Owner) , and the City of Orono , a municipal corporation under the laws of
the State of Minnesota (hereinafter referred to as City) .
W I T N E S S E T H:
Owner , in consideration of the sum of One Doll�r (51 .00) and
other good and valuable consideration to Owner in hand paid by the City,
the receipt and sufficiency whereof is hereby acknowledged , does
Grant , Bargain, Quitciaim, and Convey unto the City, forever , the
following perpetual drainage easement over and under and across
property located in the County of Hennepin and the State of Minnesota ,
and legally described in Exhibit A attached hereto ; (hereinafter
described as Landl .
Said easement inciudes the free right of the City or its
agents to enter upon, under and over said Land , to remove trees, brush ,
grass and dirt and other structures therefrom and to construct ,
maintain, repair , reconstruct and use drainage ways and other
improvements related thereto , and to enter upon said easement for the
purpose of inspecting , repairing , removing and reconstructing such
facilities. The City shail return the area it disturbs to grade and
seed the same and replace the surface soil with the original type
material .
The Owner agrees to the following :
A. No trees , shrubs or other vegetation shall be
destroyed , cut or removed from the Land except as
authorized by written consent of City.
B. No earth , loam, peat , gravel , soil or any other natural
material or substance shall be moved or removed from the
Land and there shali be no dredging or excavation of any
nature whatsoever or any change of the topography of the
Land without the written consent of City.
C. No soil , sand , gravel , or other substance or material as
landfili shall be placed , dumped or stored upon the Land
and no waste, trash or garbage shall be placed , dumped
or stored upon the Land.
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D. No use shall be made of the Land except uses, if any,
which wil1. not change or alter the natural condition of
the Land , and no use which would tend to change the
drainage , flood control , water conservation, erosion
control , soil conservation, fish and wildlife habitat
characteristics shall be made of the land or the water
situated thereon.
Owners herein do herebyremiss, release , acquit and forever
� discharge, forever , the City and any and all of its officers and
employees of and from any and aII claims , demands or causes of action of
any kind or nature whatsoever which may arise or accrue by virture of
any fiowage or trespass with water .
Owners do not intend that the pub�ic shouI.d have any
interest in the above land by virture of this indenture or otherwise,
except as hereinabove set forth.
The Owner does covenant that the owner is in possession of
the above described property and easement and has Iawful right and
authority to convey and grant the easement herein granted .
State Deed Tax Due Hereon: Exempt
IN TESTIMONY WHEREOF, Owner has hereunto set owner ' s hands
the day and year first above written.
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STpTF OF MZNNESOTA )
) SS. ,
COUNTY OF HENNEPIN ) .
On this � ��`' day of �� , I9��•
before me, nptary public within and f said county, personaZly
appe a r ed -..,_�. � /.1��-, C,�S � �r+.���� ��� r 2L� � � �
to me known to be the �persort�s described in, and who execuLed the
foregoing instrument, and acknowledged that they executed the same as
their free act and deed.
�
� `"� JAMIE L.BOSMA �""'�-�`� �/���`J
� =V"' ` � NOTARY PUBLIC-MINNESOTA N o t a r y P u b 1 i c • • � •
y,Y,MM��: HENN�IN COUNTY , .
• My Comm.Expires 12-19-9T . - --
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EXHIBIT A
Le�al DescriQtion for Drainage and Access Easement
The nortnwesterly � feet of the following describ�d prop�rty:
That part of Lot 19, Block 1, lying Northwesterly of a line drawn through said
lot parallel with the Southeasterly line of said lot and 12.5 feet Northwesterly
therefrom, AND ALSO the Southeasterly half, front and rear, of Lot 20, Block
l, all in Wiley's Park, Lake Minnetonka, Hennepin County, Minnesota.