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HomeMy WebLinkAboutGrant of Easement for Utility Purposes '2 L Doc No 8615970 07/14/2005 01:01 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 5 TranslD 125891 Fees TRAWSFER ENTERED $15.00 DOC HENIJEPIN COUNY�T4XPAYER SERVICE$. $4.50 SUR $1.00 COPY JUL 13 2005 $20.50 Total r-'u��tN'0 17K'r9'R�Prr- (reserved for recording Information) GRANT OF EASEMENT FOR UTILITY PURPOSES THIS INDENTURE,made this�day of J VM ii�7 2005, by and between VEDA Inc., a Minnesota corporation, herein referred to as the"Landowner,"and the CITY OF ORONO, a Minnesota municipal corporation, hereinafter referred to as "City." Metro Legal Smices Inc. Box 491 RECITALS A. Landowner is the fee owner of real property located in Hennepin County, Minnesota, and legally described on Exhibit A attached hereto (the"Property"). B. City desires to obtain from Landowner an easement in gross over a portion of the Property for maintenance of water utilities, including the right to reconstruct the same, together with ingress, egress and access thereto over, above, under and across the Property. NOW, THEREFORE, for One ($1.00) Dollar and other good and valuable consideration given by City,the receipt and sufficiency of which are hereby acknowledged: 1. Landowner grants and conveys to City, a Permanent Easement for maintenance of municipal water utilities ("Easement") over and across that part of the real property described on Exhibit A. This easement is granted only to the extent necessary to effect the purposes set forth above, and is further subject to or limited by applicable ordinances, municipal rules or regulations. 2. The Easement shall be used only for the purpose of maintaining, operating and/or repairing a municipal water main or line. The City shall have the right to make use of the land as is reasonably necessary and advisable to the maintenance,operation and repair of said facilities. 1 3. City, its contractors, agents, and servants may enter upon the easement areas at all reasonable times to construct, reconstruct, inspect, repair, and maintain said water main or line across, on, under, and through the Easement Property. 4. City agrees to indemnify and hold Landowner harmless from claims or damages, including reasonable attorneys fees, resulting directly and solely from the use of the easements. This indemnification, however, shall not include, and City shall not be responsible for, costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which related to,the property prior to the date hereof and which were not caused by City. 5. Landowner represents that it is well seized in fee of the lands and premises aforesaid and has good right to grant and convey the easement herein. 6. This Agreement shall not be modified or terminated except by a written agreement executed by Grantor and Grantee or their respective successors and assigns. EXEMPT FROM STATE DEED TAX IN WITNESS WHEREOF, the said Landowner has caused this agreement to be executed as of the day and year first above written. LANDOWNER/GRANTOR: VEDA,Inc. By: Its: C �/Z�S/.yT CITY OF ORONO By: Barbara A. P erson, Mayor By: �1-c�ti:� f1 Linda S. Vee, City Clerk 2