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HomeMy WebLinkAboutRoad/utilities easement-1998 V701 ROAD AND UTILITIES EASEMENT THIS INDENTURE, made this 21stday of September , 1998 , by an between James D. Render and Denise H. Render, husband and wife hereinafter referred to as "Grantor(s)", and the City of Orono, a municipal corporation, under the laws of the State of Minnesota, hereinafter referred to as "Grantee". WITNESSETH, that Grantor(s), in consideration of the sum of One Dollar ($1.00) an for other good and valuable consideration given by Grantee, the receipt of which is acknowledge by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors an assigns, an easement for public ingress, egress, access, road and utilities purposes and uses, on, across and under the land in the County of Hennepin and State of Minnesota, as follows: Outlot A, Tonkawa Shores including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, operate and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road and any and all appurtenances, includin drainage control structures, incidental and related thereto, (such are hereafter collectively referred to as the Improvement), and the Grantee shall have the right to make such use of said land as i reasonably necessary and advisable to the construction installation, maintenance, operation an repair of the Improvement. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns, permanently. The Grantor(s) herein certify that the lands herein described are free and clear of all encumbrances except: a Mortgage in favor of Eastern Heights Bank. Page I of 2 IN WITNESS WHEREOF, said Grantor(s)have set their hand(s) on the day and year first above written. GRANTORS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) w before 21st of . This instrument was acknowledged b o e this day September 519 98 ,by James D. Render and Denise R. Render, husband and wife NOTARY PUBOt Al16REY L BLOCK State Deed Tax Due Hereon: H Couffly . .. ENNEPIN This instrument was drafted by: Mycommtssro� traso�-�-ro City of Orono P.O. Box 66 Crystal Bay,MN 55323 TRANSFER ENTERED HEN PtN COUNTY TAXPAYER SERVICES D E C 1998 sy NTY NNN. .BY Dc UrY Page 2 of 2 CONSENT The undersigned("Mortgagee")having an interest as mortgagee in the property described in the foregoing Road and Utilities Easement("Easement"),pursuant to that certain Mortgage dated May 6, 1998, filed May 22, 1998, as as Document No. 6901539, 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 dedications contained in the Easement. IN WITNESS WHREOF,the undersigned has caused this Consent to be executed effective as of? 1998. MORTGAGEE Eastern Heights Bank By,4, 'd, Its VFes, STATE OF ;, n6saA, ) COUNTY OF LyKe ) This instrument was acknowledged efor me on_)111e rrn k e- �� , 1998,by i the •-mss,ohm of Eastern Heights Bank, a banking corpdation under the laws of Minnesota o behalf of the banking corporation. Notary Public SALLAYJ.PUBM Mi. THIS INSTRUMENT WAS DRAFTED BY: ' WASHINQTON COUNTY My cmnbeim BOW 1/312000 Hinshaw&Culbertson 3200 Piper Jaffray Tower 222 South Ninth Street Minneapolis,MN 55402 (612)333-3434