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Home My WebLink Abouteasement agreement-1999 .. , . � 3 � S"t C�3 C�S 1��y �.G � � . . . � Q i;�, r:;' t :,;f t�EcCttnER ��l:�.��Q i�:.i� �.� ,i � �� .I.Y.M�t�HESOTA ' . t.. a.� G::i:ii�,.,. cr�i fp�t"iD OR • l� t:..��';,J':.[i�N � - ,� � '�`� ::;:�P �1 P� 2� 4S TRANSFER ENTERED ►IEPINEPIN CAUNTY TAX�AYER SERVICES . ' ��1 /�� 6. .. SEP 21 9 rY N MlNN. 81 � p'tPU'i'� � EASEMENT AGREEMENT THIS AGREEMENT, made this 20th day of August, 1999, between Robert Clyde Taylor and Summer Skay-Taylor, husband and wife, ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). RECITALS: A. Owner is the holder of a fee simple inte.rest in property located in Hennepin County, Minnesota, which is legally described on Exhibit "A" attached hereto and made a part hereof("the Property"). B. The City desires certain easements for tlle purposes hereafter set forth, and Owner has agreed to grant such easements upon the terms and conditions contained herein, in, under, over, and across the pr�operties described in Exhibit B, ("the Easement Area "). NOW, THEREFORE, in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, it is agreed: AGREEMEN'CS 1. Grant of Easements. a. The Owner hereby grants to the City of Orono for the benefit of the public a permanent, exclusive easement for the benefit of the public in, under, over, and across the Easement Area for the following purposes: (i) the construction and maintenance of a public roadway or street, (ii) the construction and maintenance of a biking and hiking trail, including signage and all other necessary appurtenances thereto , (iii) drainage, and (iv) 1 . . the construction and maintenance of public utilities, including but not limited to piping and other conduits of any nature for water, sanitary sewer, storm sewer, gas, telephone, electricity, cable television, internet access, and any other public utility ("the Public Improvement"). 2. Maintenance. The City shall maintain the Easement Area at its own expense. Said maintenance obligation shall include, without limitation, keeping the same in good and safe condition for the purpose granted herein and reasonably free and clear of foreign objects, debris and obstructions. 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 walls, or other obstructions by Owner which would interfere with, or which would otherwise obstruct access to the Public Improvement in any manner by Owner. b. Owner has the lawful right and authority, without restriction, to convey the easements as herein granted. 4. Binding Effect. 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 remove all or any portion of the Public Improvement which has been placed upon, over or under the Easement Area. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written, subject to all of the terms and conditions herein set forth. CITY OF ORONO (�WNER � -- � `�� ::>.�"�t� �V1a or�••; '- Robert Clyde Taylor .r, •G��L��. G� � - � '-,�'-�ts City Glez�C,`.'' S mer Skay-Taylor '�_ `� �r' .. 9, ' .s{a.�.: . - 2 STATE OF MINNESOTA ) ) s COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this��day of C r , 1999, by Gabriel Jabbour and Linda S. Vee, the Mayor and City Clerk, respectively,�ity of Orono, a Minnesota municipal corporation, who executed this Agreement and acknowledged that they executed the same on behalf of the City of Orono. �'., .'' ..�� . wr ar'AM a�^.,�r'� lr �� --�.. � CA,ROLE A.NASFMP.N � � � ;,-� .r�% NOTf,RYPU6UC-MI�P�ESOTA � " �'-� �' ��"J � �' . �: HfiN�EPIN CCUNTY ; Notary Public P."v Cr,mmissicn 6�;;ir,�s J:.n.31,200� �_ . .._-.-. .-..�.-. . .,.� . a.1 ( _ , .._ .. ...�£:=d'.c,.."..is::-�. �.�.. .�_3 STATE OF MINNESOTA ) ) s COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this,�v day of �U I, 1999, by Robert Clyde Taylor and Summer Skay-Taylor, husband and wife ---� . � �r� Nota blic � , �'i �� «" MI��tras ra�.31.2000 �` �� aoo h �� ii�e.�dc� n �C�cZPf.�a- ; ��o°�- I1��:��;��.�i�c.-�-(►��ne�f� '; = a i�=t�r��;;�- �c�r.u��,, '' �� '�Y.��i�sit��r� �x' �,�� 7c�n. 3 l Z� - oo''�_ _ � s , li� ., °o.a ;� , y� :.- .... ... 3 1 •` � � � � EXHIBIT A ("Property") � ' • '��- * �� r - , �� . LBGAL DESCRIPTION: That part of the SouthwesC 1/4 of �he Northeast i/4 0� Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian lying Southwesterly of the Southwesterly right of way line of the First Division of the St. Paul and Pacific Railroad Company (now known as Burlington Northern Inc. ) SXCEPT the South 10 acres of the Southwest 1/4 of the Northeast 1/4 of Section 32, Township 118, R.ange 23 and further EXCBPTTNG the following described tract of Iand: The South 404 feet of that part of the Southwest 1/4 of the Northeast 1/4 0£ Section 32, Township 118, Range 23, �ying North of the Sou�h 10 acres of said Southwest 1/4 of the Northeast 1/4 and Southwesterly of the Southwesterly right of way line �of the First Division of the_St. Paul and .Pacific Railroad Company (now known as Burlington Northern Inc. ) , according to the United States Government Survey thereof, Hennepin Coun�y, M3nnesota. ._ , � �. � ' �� ` � EXHIBIT B Easement Area The easement area lies within the boundaries of the following described line A, Commencing at the northwest corner of the property; thence southerly along the west lot line a distance of 121.77 feet; thence deflecting easterly perpendicular to said lot line a distance of 35.07 feet; thence deflecting northerly at an angle of 90° a distance of 30.00 feet to the point of beginning of Line A; thence deflecting northeasterly along a curve of length = 72.81 feet, tangent = 39.18 feet, delta = 52° 27' 45", radius = 79.52 feet; thence deflecting southwesterly along a curve of length = 77.19 feet, tangent = 47.69 feet, delta = 85° 02' S1", radius= 52.00 feet to the point of beginning and thus terminating. And The area bounded by the following; commencing at the northwest corner of the property; thence southerly along the west lot line a distance of 30.42 feet; thence deflecting northeasterly along a curve of length = 44.74 feet, tangent = 22.50 feet, delta = 14° 50' 16", radius = 172.77 feet to the north lot line; thence westerly along the north lot line a distance of 32.6 feet plus or minus the point of beginning and thus terminating. PID 32-118-23-13-0002 . , , , i li i � i � i i � CURVE TABLE � I I DELTA CURVE LENGTH RADIUS TANGENT � I � OS'40'47' Cl 17.08 172,29 8.55 � �V I I I � � I I I � I I � Li?' •rflr�'1 ^�� A` l AvA A�i. 97 ?--,4 � -� 2.92 ,�a,�29.0 4 ��, 1 4 � l�k iy }��Y�� k ° Y N89'S3'00"= I' P,5��21 p p5, L� ��'`k� \��.� �� /1, 30 5� �\ �-�`- h-1�� ___-------- --- S89'20'49�W ' ' /1 � O i � �� `t �I/� ��j /� o" II �;�5� + � �i ��/ /\ '° � / � � w,a� . ob,,2�'�0�� Z �i _ ---_" _ �`-�� N ,� ��tia 2 � ~ � OO i/I�� _9 � I/ �P� ��,�� o �� X � �\�/� vti'� bo �' �- �' � � ___---------- �`-�� ;�o �; � � ____--- _\ i ��J` �_ � , ,, - ,- - ~ ,�' � , � � �— i � S lJ � I\ I ��^��~ I // , ��I � ��i� �� X Y /\ �\I/� I ,:'`'��z,�~ i � � �� ---�----------- x I/� �� r�Q ti ti i �� ,� � , �, -�Ft� �— �/�\� �\/i � Q�' o � � �� 0ti � � �/�\� /�I�� —� �. / � ,�2'q~,o� ��I/� \ N � / , v r;� �uh2 %\ \� � -_ / \ � Vj V � ,t0 ^�l' �-—� �� :' � 1 �� / � � �� bq • _� ❑ - %�\� �� !� £�� i �^�°'^i o �� J Il � �/ ��r�h�,Z � �� / / '' '' I i i P Q-�, „� I / � \\I, ,� , � r ,- 3 � �� al ^ / / I \ // � '��->`� % II I � / %�\�k\ �Y '�y j 1 , �� / r �' � I l I o � Ik ° y�o�l�� j 1 I • ��I \ '`-��' � �Q � I �.I • I ��, � � /' a .o� / � �� S89•�7'24•w � I � � I I I I � � I I I �� j � I � I � �I� I � I I I �\�/ 1 � I I ij�� MAIL j � I I � 0 � � I I � � � I I �1 r � � X I { � I � o � � I I � {) v � I I I ) � I -� � � �_ i � 0 30 60 � � � � ❑ ,�� i � � � i �_ Scale in feet �� I i EAS EM ENT � Bonestroo v Rosene ORONO, MINNESOTA . � Associates ST U B B S BAY C U L D E SAC Ertginesrs & Architects 13999103 7/30/99 .