HomeMy WebLinkAbout1993 Easement Agreement .
EASEMENT AGREEMENT
THIS AGREEMENT, made this 1st day of October , 1993,
between 'Edna T. Anderson, single and*Marion L. Rickett, single
their heirs, successors and assigns (hereinafter "Owners") , and
the City of Orono, a Minnesota municipal corporation (hereinafter
"City") . *Cynthia R. McNab, the Attorney In
OWNERSHIP DEFINED Fact for
Owners covenant that they are the fee simple interest holders
in property located in Hennepin County, Minnesota, which is
legally described as :
Lots 7 and 19, Block 2, Hillside Park according to the
recorded plat thereof on file.
(hereinafter referred to as the "Property" . )
EASEMENT DEFINED
The City requires a perpetual easement for sanitary sewer and
utility purposes over, under and across the Property, said
easement legally described as :
A perpetual easement for sanitary sewer and utility purposes
over, under and across that portion of the above described
property described as follows :
The East 25 feet of Lot 19, Block 2, Hillside Park,
(hereinafter referred to as the "Easement Parcel" . )
GRANT OF EASEMENT
In consideration of the sum of One Dollar ($1. 00) and other
good and valuable consideration given to Owners by the City, the
receipt and sufficiency of which is acknowledged, Owners hereby
grant, bargain, quitclaim and convey to the City, forever, a
perpetual easement for sanitary sewer and utility purposes over,
under and across the Easement Parcel .
TERMS OF EASEMENT
1. Owner' s grant of the Easement Parcel to the City includes
the free right of the City to enter upon, under and over the
Easement Parcel, to remove trees, brush, grass, dirt and structures
therefrom, to construct, maintain, repair and use the sanitary
sewer and all appurtenances thereto (hereinafter referred to as
"Public Improvement") and to enter upon the Easement Parcel for
the purpose of inspecting, maintaining, repairing, removing and
reconstructing the Public Improvement.
2 . The City shall return the area it disturbs within the
Easement Parcel, to grade, seed the same and replace the surface
soil with the original type of material, except in the case of any
area of the Easement Parcel lying within a public right-of-way,
currently used for road purposes .
3 . Owners agree that the Easement Parcel 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 . In the event that use of the Easement Parcel is at
anytime discontinued by the City, the City shall have the right,
but not the duty, to enter further upon the premises and remove
all or any portion of the Public Improvement which has been placed
upon, over or under the Easement Parcel as granted by the Owners
to the City.
5 . The terms and provisions of this instrument shall run
with the premises and shall extend to and be binding upon the
Owners, their heirs, personal representatives, successors and
assigns .
6 . The Owners covenant that they have 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 .
The Owners and City have caused this Agreement to be executed
the day and year as written above.
CITY OF ORONO OWNERS
Cynthia R. McNab,
Attorney In Fact for
By � �,
I ayor Edna T. Anderson ��y� •-�� , A b�a���r�
Cynthia R. McNab,
By/ I _ Ma . -_g 0\, \00,„ Attorney In Fact for
/I Cit. lerk Mario L. Ricketts (\
-2-
1480N E H
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me, a notary
public in` and for said County, this ,Z9 day of Sepk2,yber , 199j
O
by f% ala(--4t f&Ifan , and D ,�crtry ,7/ �cz ///r , the Mayor
and City Clerk of the Aar, a
City of Orono, a Minnesota municipal
corporation, who executed this Agreement and acknowledged that
they executed the same on behalf of the City.
YLi\DAPUBLIC
S. VEE ���
NOTAPY PUBLIC - MINNESOTA
friLylk
f c nINIEPIN COUNTY466--
sF= ; co;n rIssten expires t3-�2-96 Notary Public
STATE OF MINNESOTA )
) ss .
COUNTY OF } �/
The iregoi t inst ment was acknowledged before me this -1''
day of W. . ! ♦S , 199A, by*Edna T. Anderson, single and*Marion
L. Rickett, -Ingle, to me known to be the persons de cri ed in
this document and who executed the document and ack 1 ged that
they executed the same as their free ct nd deed.
c
*Cynthia R. McNab, the Attorney , j /kAa
In Fact for Notary Public
i'"--',-.% VICTORIA L LE.
This instrument was drafted by: NOTARY PU°uC
Popham, Haik, Schnobrich & Kaufman, Ltd. \•-
HENNEPIN COL°,"'
3300 Piper Jaffray Tower a My Commission Ex,1
222 South Ninth Street °"v'^^^^^^^^vMwwww.,`^^ ;.
Minneapolis, MN 55402
(612) 333-4800
-3-
14BONEH
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