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Home My WebLink AboutEasement agreement-1999 , �. 1 S � S 5`� ��,,� ��\ `� �> � i � J�� (� �✓ �c�� c� r� }� � �cr�� i x�� E � C�- �I S— �1 � EASEMEtiT AGREENIENT THIS AGREEMENT, made thisZ�day of $��EN�� , 1999, between Kevin A. Holmes and Diane Kay Haertel Holmes, husband and wife, ("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 on E�ibit "A" attached hereto and made a part hereof("the Property"). B. 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, in, under, over, and across the properties described in Exhibit B, ("the Easement Area"). NOW, THEREFORE, in consideration of the sum of One Thousand Two Hundred Dollars and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, it is agreed: AGREEMENTS l. 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 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)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"). 1 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 O�vner. 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 OWNER � �+' Its yor Kevin A. Holmes �/in .c�L rCi �L/i2—� � .• Its ity Clerk Diane Kay- a 1 Holmes 2 STATE OF NIINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this�day of C1��C��` , 1999,by Gabriel Jabbour and Linda S. Vee,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. "'• GREGORYAGAPPA /' � � � NOTAAY PUBLIGMINNESOU . • HENNEPIN COUMY NOtary C `,��•' MyCommissionExpiresJan.31.2000 .�.:VG�G.Cl../Ci�`v i�iJ�. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) ��? �n r � � The foregoing instrument was acknowledged before me this�U day of m, , 1999, by Kevin A. Holmes and Diane Kay-Haertel Holmes,husband and wife. No u ic "' GREGORYAGAPPA ��"� ` �� NOTARYPUBLIC-MINNESOTA � '�'` '` � HENNEPIN COUNTY .��.• ,.• µ_` �My Commission Expir�s J?n_31^2000^ � '. ' . . ,� «�'� . File No. : 06-546249 SCHBDUirE C � The land referred to is situated in the State of rtinnesota . County of Hennenin , and is described as follows: � That Dart of the Southeast Quarter of the Northwest Quarter of Section 3Z, Township 118 North, Ranqe 23 West oE the 5th Principal Meridian, Hennepin Couaty, Ma.nnesota, which lies northeasterly of the followiaq described line: � Commencing at the Northeast corner o£. said Southeast Quarzer of the Northwest Quarter; thence South alonq the East line of said Southeast Quarter of the Northwest Quarter a distance of 426'•feet to the point oE beginning of the line beinq described; thence westerly, deflectinq riqht 103 deqrees 20 minutes a distance of 560 feett thence northerly to a point in the North line of said Southeast Quarter of the Northwest Quarter clistant 730.04 fee� west of sai@ Northeast corner as measured alonq sa-id 13ortYr�liae, ••and said• lins•there• -- .. . . endinq. Abstract property. 585 Stubbs Bay Road North Orono, Minnesota � COMPtJ'�ER ACCE93 NUNIDER: 22862 ' OSAS BATCH NUi�ER: 123198 universal title company _.__ ',�_ssoo•(tzrss)•-c�- . ... . . � EXHIBIT B Easement Area The easement azea lies within the boundaries of the following; Commencing at the intersection of the north lot line of the Property and the east line of the southeast quarter of the northwest quarter of Section 32, Township 118, Range 23; thence southerly along the east lot li.ne of the Property a distance of 30.42 feet; thence deflecting southwesterly along a curve of length = 33.39 feet, tangent = 16.78 feet, delta = 14° 21' 41", radius = 133.21 feet; thence deflecting northerly along a curve of length = 64.24 feet, tangent = 36.94 feet, delta = 70° 46' 41", radius = 52.00 feet to the north lot line of the Property; thence easterly along the north lot line of the Property a distance of 2.9 feet plus or minus to the point of beginning and thus terminating. PID 32-118-23-24-0006 CONSENT The undersigned("Mortgagee")having an interest as mortgagee in the property described in the foregoing Easement("Easement"),pursuant to that certain Mortgage dated January 12, 1999, filed Apri129, 1999, as Document No. 7102652,with the County Recorder in and for Hennepin County, Minnesota, ("Mortgage")hereby consents to the Easement and further agrees that the Mortgage is subject and subordinate to the agreements contained in the Easement. IN WITNESS WHREOF,the undersigned has caused this Consent to be executed effective as of , 1999. MORTGAGEE Homecomings Financial Network By Its STATE OF ) ) COUNTY OF ) This instrument was acknowledged before me on , 1999,by the of Homecomings Financial Network, a under the laws of on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: Hinshaw & Culbertson 3100 Piper Jaffray Tower 222 South Ninth Street Minneapolis,NIN 55402 (612)333-3434 6 , ' . � i I ; i . i ii i � CURVE TABIE � I I DEITA CURVE LENGTH RADIUS 7ANGENT � I � 05'40'47' Cl 17.08 172.29 6.55 j� � � I � v� � � I . 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