HomeMy WebLinkAboutEasement Agreement TRANSFER ENTERE.O t! ='
NENNEF'hai CAU+iTY TJ43ElAYEii SE;hVICES
733453
AUG 2800
EASEMENT AGREEMENT
}{ MINN.
DaPIfTY
TIHI AG EMENT is made as of this jS day of Tt4 n e- , 2000 between WSI
INDUSTRI C., a Minnesota corporation, (the "Owner"), and THE CITY OF ORONO, a
municipal corporation(the "City").
RECITALS:
A. Owner is the fee owner of certain real property located in Hennepin County,Minnesota and
legally described in Exhibit A hereto (the"Property").
B. The City requires (a) an easement for a lift station (the "Public improvement") over and
across that certain portion of the Property as depicted on Exhibit B and legally described on
ExhibitC(the"Improvement Easement Area")and(b)an easement for access from.Highway
12 to the Improvement Easement Area over and across that certain portion of the Property
as depicted on Exhibit B and legally described on Exhibit D(the"Access Easement Area").
The Improvement Easement Area and the Access Easement Area are collectively referred
to in this Agreement as the"Easement Area".
C. Owner has agreed to grant the Easements described above subject to the terms and conditions
of this Easement Agreement.
IT IS AGREED:
1. Grant of Easement. Owner hereby grants to the City (a) an easement for the
construction, maintenance, repair and use of the Public Improvement over and across the
Improvement Easement Area(the"Improvement Easement")and(b)an easement for vehicular and
pedestrian access over and across the Access Easement Area (the "Access Easement"). The
Improvement Easement and the Access Easement are collectively referred to in this Agreement as
the "Easements". The grant of the Easements described in this Section I specifically includes the
right of the City to enter upon the Improvement Easement Area(i)to remove trees,brush,grass,dirt,
and structure from the Improvement Easement Area and(ii)to construct,maintain,repair, inspect,
use,remove and reconstruct,as necessary from time to time and at the City's sole cost and expense.
the Public Improvement. The City shall have no rights to construct, maintain, repair, remove or
reconstruct any portion of the Access Easement Area. The City's rights with respect to the Access
Easement Area are specifically limited to vehicular and pedestrian access.
2. Restoration of Area. Upon completion of any construction within the Improvement
Easement Area and upon removal of the Public Improvement,the City shall, at the City's sole cost
and expense,return any portion of the Improvement Easement Area disturbed by such construction
and/or removal to grade, seed the same, and replace the surface soil with the original type of
material.
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3. Owner Not to Encroach. Owner agrees that the Improvement Easement Area shall
not be encroached upon by fill, excavation, erection of buildings, or permanent enclosures, fences
or walls,or other obstructions which would interfere with or which would otherwise obstruct access
to, the Public Improvement in any manner.
4. Discontinuance of Use of Easement Parcel. In the event that use of the
Improvement Easement Area is at any time discontinued by the City, the City shall remove the
Public Improvement, restore the Improvement Easement Area pursuant to Section 2 of this
Agreement, vacate the Easements described in this Agreement, and provide to Owner a written,
executed and recordable Termination of this Easement Agreement (the "Termination"). For
purposes of this Agreement, the City shall be construed to have discontinued use of the Public
Improvement if the Public Improvement is not in active use for a period of thirty(30) consecutive
days or more. In such event,Owner may terminate this Agreement by written notice to the City and
if the City fails to provide the Termination within twenty(20)days of such notice, the Owner may
record the Termination executed only by Owner and which clearly states the discontinuance of use
of the Public Improvement and the City's failure to provide a Termination and such recorded
Termination shall be effective to terminate this Easement for all purposes. If the City fails to remove
the Public Improvement upon the discontinuance of use and written notice by Owner, Owner may
remove the Public Improvement and restore the Improvement Easement Area pursuant to Section
2 of this Agreement, at the City's sole cost and expense. The City shall reimburse Owner for the
cost of such removal and restoration within twenty (20) days of receipt of an invoice for the same.
5. Relocation of Access Easement. The Access Easement Area is across a portion of
the existing driveway and parking lot. In the event the Property is redeveloped and the location of
the Access Easement interferes,in any manner whatsoever,with such redevelopment,the City agrees
to relocate the Access Easement to a suitable location that will continue to provide access from
Highway 12 to the Improvement Easement Area using then existing driveways and/or parking lot
areas.
6. Indemnification. The City hereby agrees to pay and to protect, indemnify and hold
Owner harmless from and against any liabilities, damages, costs, expenses (including any and all
attorney's fees and expenses), causes of action, suits, claims, demands or judgments of any nature
whatsoever brought,made or otherwise claimed by any person or entity regarding the Improvement
Easement Area and/or the City's default pursuant to the terms of this Agreement.
7. Successors and Assigns. The terms and provisions of this instrument shall run with
the premises and shall extend to and be binding upon the Owner, its heirs,personal representatives,
successors, and assigns.
8. Authorization of Owner. The Owner covenants that it has a lawful right and
authority, without restriction, to convey the Easement Parcel as herein granted, subject only to the
consent of any party having a record interest in the Easement Parcel.
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IN AGREEMENT,the Owner and City have caused this Agreement to be executed the day
and year as written above.
CITY OF ORONO WSI INDUSTRIES,INC.
By: BY� '
Its Mayor Its:
s
,And By �.
Its City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /5-K day of_ J Y 14�F 2000,
by(,-c htZi e �c, b b c 4 e- and L�Id a S . e t ,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.
i( MARY ANN;JOHNSON
NOTARYPUBLINNESOTA&WCann�esbn Exan.31,1006 Notary Pu lic
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowled ed before me this /S day of cJ K N
2000, byyAicg4-e(-J , the LCf of WSI Industries, Inc., a
Minnesota corporation, on behalf of the corporation.
Notary Pu 1'
This instrument was Drafted By:
Hinshaw & Culbertson (RAW)
3100 Piper Jaffray Tower �~
222 South Ninth Street GRE�ORYA'QAPPA
NOTARYP=-MEEIOTA
Minneapolis, NM 55402 " .,,,�� M1Ccft!anE*nJa31.2006
(612) 333-3434 - 02
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That part of the South half of the Northeast Quarter of Section 33,Township 118,Range 23,which
lies East of the East line of the plat of Orono Industrial Park,and its extensions and West of the West
line of the plat of Long Lake West Industrial Park and its extensions,Hennepin County,Minnesota
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EXHIBIT B
DEPICTION OF THE PROPERTY AND EASEMENT AREAS
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N89'27'47'W 112.43' 63'24'57" H
N89'27'47"W128.49 ——128.49 I
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N89'27'47"W 154.54'
EXISTING
LINE B UTILITYI 0'
EASEMENT
WASHINGTON
N \, 2
SCIENTIFIC
. I
EXHIBIT C
LEGAL DESCRIPTION OF IMPROVEMENT EASEMENT AREA
The north 56.0 feet of the west 30.0 feet of the east 50.0 feet of the Property.
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EXHIBIT D
LEGAL DESCRIPTION OF ACCESS EASEMENT AREA
That portion of the Property legally described as follows: 10.0 feet east of and 20.0 feet west of the
following described line A; commencing at the northwest corner of the southeast quarter of the
northeast quarter of Section 33,Township 118,Range 23;thence southerly along said quarter quarter
line a distance of 50.57 feet to the point ofbeginning;thence southerly along said quarter quarter line
a distance of 165.62 feet and thus terminating.
And
A permanent easement for the benefit of the public across the Property, 10.0 feet either side of the
following described Line B;commencing at the termination point of Line A;thence northerly along
Line A a distance of 10.0 feet to the point of beginning; thence easterly along a line parallel to the
north lot line of the Property a distance of 128.49 feet; thence deflecting at 63° 24' 57" to the
northeast a distance of 156.75 feet plus or minus and thus terminating on the north lot'line of the
Property, except that portion of the easement area previously described.
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CONSENT OF MORTGAGEE
AND SUBORDINATION OF MORTGAGE LIEN
THIS CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE
LIEN is executed this /.9'44 day of TVtK-Q. , 2000 by U.S.BANK NATIONAL
ASSOCIATION, a national banking association("US Bank").
RECITALS:
A. US Bank is the mortgagee of ceratin real property legally described on Exhibit A attached
(the "Property"),pursuant to that certain Mortgage, Security Agreement, Assignment of
Leases and Rent and Fixture Financing Statement dated August 6, 1999 and recorded
August 12, 1999 as Document No. 3192219 (the"Mortgage") from WSI Industries, Inc.,
a Minnesota corporation,which is the fee owner of the Property("Owner").
B. The City of Orono, a Minnesota municipal corporation(the"City") has requested that
Owner grant an easement in favor of the City, which easement is evidenced by that
certain Easement Agreement by and between the Owner and the City and is dated as of
2000 and has been filed for record on
2000 as Document No. (the"Easement").
C. The City has further requested that US Bank subordinate the lien of the Mortgage to the
rights of the City as set forth in the Easement.
IT IS AGREED:
US Bank hereby consents to the terms and conditions of the Easement and further agrees
that the Mortgage is subject and subordinate to the right of the City as set forth in the
Easement.
_IN AGREEMENT, the undersigned has caused this Consent to be executed effective as
of r , 2000.
U.S. BANK NATIONAL ASSOCIATION
By -
Its V
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) /
his in rument was acknowledged before me on � 07� , 2000,byA,,W&,'Z/
the 1/ 'leof U.S. Jank National Association, a national
banking association, on behalf of the association.
L
Notary Public
. `�AR6ARA M. DEVAHL
This Instrument Drafted b Notary Public
y: ... �`{.�� Minnesota
My;.om+nission Expires Jac.31.2005
HINSHAW& CULBERTSON
3100 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612) 333-3434
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Par 1: That partof the South half of the Northeast Quarter of Section 33, Township 118, Range
23, which lies East of the East line of the plat of Orono Industrial Park, and its extensions and
West of the West line of the plat of Long Lake West Industrial Park and its extensions, Hennepin
County, Minnesota
Par 2: Lots 1 through 12, inclusive,Block 1, Orono Industrial Park, and all of Lincoln Drive,
vacated, as shown on the plat of said Orono Industrial Park.
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