HomeMy WebLinkAbouteasement agreement-1997 .� .. �7 - i � 7 � - a3 4� o�ao
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EASEMENT AGREEMENT
THIS AGREEMENT, made this.�Q day of �'C�nb F r , 1997, between Glass II
Partners, a Minnesota general partnership, ("Owner"), and the City of Orono, a Minnesota
municipal corporation("City").
RECITALS:
A. Owner is the holder of a fee simple interest in property located in Hennepin
County, Minnesota, which is legally described as:
That part of Lot Five(5), Block Three(3), Townsite of Langdon
Park, Hennepin County, Minnesota, described as follows:
Commencing at the Southwest corner of said Lot Five(5), Block
Three (3), Townsite of Langdon Park, thence easterly along the
Southerly line of said Lot Five (5) a distance of 112.0 feet; thence
Northerly at an angle of 89.10 degrees a distance of 100 feet;
thence Westerly at an angle of 90.50 degrees a distance of 112.0
feet, more or less, to the Westerly line of said Lot Five (5);thence
Southerly along said Westerly line of said Lot Five (5) 100 feet to
the point of beginning, all according to the map or plat thereof on
file and of record in the office of the Register of Deeds in and for
said County of Hennepin and State of Minnesota,
("Property")
B. The Owner has made application to the Hennepin County District Court, as
evidenced in Hennepin County District Court File No. 20130, to register fee title
to the Property.
C. The City has maintained a sidewalk over a portion of the Property and received
notice of the pending Title Registration Proceeding described above.
D. The City desires certain easements for the purposes hereafter set forth, and Owner
has agreed to grant such easements upon the terms and conditions contained
herein.
E. The City and Owner desire to avoid the cost and delay associated with the City
asserting a claim in the pending Title Registration Proceeding.
NOW, TI�REFORE, in consideration of the foregoing recitals and and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto agree as follows:
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AGREEMENTS
1. Grant of Easements. Owner hereby grants to the City for the benefit of the
public, a permanent, nonexclusive easement over, across and upon that portion of
the Property legally described as:
Lying north of a line drawn from a point on the West line of said property, distant
42.54 feet northerly of the South line of the Southeast 1/4 of Section 17,
Township 117, Range 23, to a point on the East line of said property distant 42.82
feet northerly of the South line of said Southeast 1/4 and southerly of a line drawn
parallel with and 47 feet northerly of said South line.
(the "Easement Area")for the purposes of constructing, reconstructing, maintaining,
repairing and use of a public sidewaik and all appurtenances thereto (hereinafter referred
to as "Public Improvement").
2. Maiatenance. The City sha11 maintain the Easement Area in accordance with the
applicable standards for the maintenance of such public amenities.
3. Owner's Covenants. Owner covenants and agrees that:
a. The Easement Area shall not be encroached upon by fill, excavation,
paving or concrete, erection of buildings or permanent enclosures, fences or wa11s, or
other obstructions by Owner which would interfere with, or which would otherwise
obstruct access to the Public Improvement in any manner by Owner or the public. Such
obstructions shall specifically include any and all obstructions over, on or under public
sidewalk which aze prohibited pursuant to the terms of the City Ordinances of the City of
Orono.
b. Owner has the lawful right and authority, without restriction, to convey the
easements as herein granted, that the Easement Area is not subject to any other interest
other than the interests of Owner, ar:d that the Easement Area is embraced wholly within
the Property.
4. Bindins Et'fect. The terms, provisions and easements provided herein shall inure
to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the
Owner. The covenants, agreements and easements contained herein shall be deemed to run with,
burden and benefit the Property.
5. Termination of Easements. In the event that use of the Easement Area is at
anytime discontinued by the City, the City shall have the right, but not the duty, to enter further
upon the Easement Area and remove all or any portion of the Public Improvement which has been
placed upon, over or under the Easement Area.
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IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first
above written, subject to a11 of the terms and conditions herein set forth.
CITY OF ORONO OWNER
By GLASS II PARTNERS
ts or
.
And By `�vl � By �. �
ts City Cler Its
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this�day of �' e,r�
1997, by Gabriel Jabbour and Dorothy M. Hallin, the Mayor and City Clerk, respectively of the
City of Orono, a Minnesota municipal corporation, who executed this Agreement and
acknowledged that they executed the same on behalf of the City of Orono.
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Notary Publ'
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"' GRE60RYA GAPPA
STATE OF NIINNESOTA ) ;��jr�, NOTAR1rPueI.IC�M�NwE�ptp
y 9.��i'�:• HENNEPIN COUNTY
) SS �r +,��•• My Commtssion Exprres Jan.31.2000
COiJNTY OF HENNEPIN ) �'�.���=°�
The foregoing instrument was acknowledged before before me this��.k day of
+ �-- , 1997, by James D. MacKinnon e� , tbe
general partner�of Glass II Partners, a general partnership under the laws of Minnesota, on behalf
of the general partnership.
tary Public
This Instrument was Drafted By: MIIRILYN BERENS `
.:• No�r�rPlAuc•�i►
H1IIS�dW��beILSOII j `y' ��Y
3200 Fiper Jaffray Tower � Yp�ni�6quJns1.2000
222 South Ninth Street
Minneapolis,MN 55402
(612)333-3434
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