HomeMy WebLinkAboutAccess, Construction Drainage & Utilities Easement (#2269)08/23/2008 15:13 FAX 8524750582
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BURNET TITLE WAYZATA
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Doc No 4298883 08/2212006 03:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 248667
New cert Cert
856344
COPY
Deputy 55
Fees
$1.50 AF
~ 008/020
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00TSUR
$2.00COPY
$48.00 Total
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' .,
TAANSFEA ENTERED
HENNEPIN COUNTY TAXPAYER eeAVl0ES
AUG 22 2006
BURNET TITLE WAYZATA
ACCESS, CONSTRUCTION, DRAINAGE AND UTILITIES EASEMENT
~ 010/020
THIS INDENTURE, made this /[ ~ay of-'-AlAA~~;.i......, 2006, by and between
Conley Brooks, Jr, and Carol G. Brooks, husband and wife, einafter referred to as ''Orantors11,
and the City of Orono, a Minnesota municipal corporation, h einafter referred to as "Grantee".
WITNESS, that Grantors, in consideration of the sum of One Dollar ($1,00) and
other good and valuable consideration given by Grantee, the receipt of which is acknowledged
by Grantors, do hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a
permanent easement over that part of Lot 24, Country Club Estates, according to plat thereof of
record in the office of the County Recorder, Hennepin County, Minnesota, described as follows
and as shown on the survey drawing attached hereto as Exhibit A:
Doc# 2l71414\'2
Commencing at the Southeast comer of said Lot 24; thence along the
southerly line of said Lot 24, being also the northerly right of way
line of Ferndale Road, North 55 degrees S2 minutes 43 seconds West,
assumed bearing, a distance of26.60 feet to the Point of Beginning of
said Easement herein described; thence across said Lot 24, North 31
degrees 26 minutes 08 seconds East, a distance of95.51 feet; thence
North 58 degrees 33 minutes 52 seconds West, a distance ofS0.00
feet; thence South 31 degrees 26 minutes 08 seconds West, a
distance of96,63 feet to said southerly line of Lot 24 and said
northerly right of way line of Ferndale Road; thence along said
southerly line of Lot 24, being a curve, concave to the southwest,
whose elements are: central angle of06 degrees 35 minutes 58
seconds, radius of 317 .22 feet, arc length of 3 6.54 feet and a chord
bearing of South 61 degrees 19 minutes 13 seconds East, a chord
distance of36.52 feet; thence continuing along said southerly line,
South 55 degrees 52 minutes 43 seconds East, a distance of 13.54 feet
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to the Point of Beginning (containing 4,767 sq. ft. or 0.1094 acres of
land) (hereinafter the "Easement Area"),
subject to and together with the specific pUipOses, tenns and conditions set forth below.
1. The principal purpose of this easement is for the maintenance, repair and
reconstmction of the sanitary sewer lift station and lift station control panel under and on the
northerly portion of the Easement Area as shown on Exhibit A. The secondary purpose of the
easement is for all necessary and appropriate access to the said sanitary sewer lift station and lift
station control panel over the existing asphalt driveway on the Easement Area. Therefore, the
Grantee shall have the full and free right and authority to enter upon the Easement Area to
construct, reconstruct, install, maintain, operate and repair, the sanitary sewer lift station, main or
line, water main or line, and any and all peninences including drainage control structures,
incidental and related thereto (all of which may hereinafter be referred to collectively as the
"Improvements").
2. The Grantee agrees that entty upon the Easement Area for the purposes
hereinabove shall be subject to the obligation to minimize disturbance of the pond, natural areas
and the asphalt driveway on the Easement Area a.s shown on Exhibit A. and to repair any damage
done to such pond, natural areas and/or asphalt driveway occasioned by Grantee's entry or work.
3. The Improvements pennitted hereunder are largely underground utilities
and Grantee agrees to minimize the size and number of above ground Improvements so as to
maintain the single-family residential character of the Easement Area.
4. In addition to any other lawful remedy Grantee and the Grantor may have,
the purposes, terms and conditions hereof may be enforced by injunctio~ mandatory or
prohibitive.
5. Gtantors covenant that they are in fee title to the above property; have a
lawful right and authority to convey and grant tlris easement; and that the land is free :from all
encumbrances except mortgage(s) of record.
IN WITNESS WHEREOF, the Grantors have executed this document on the day and
year set forth above.
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,. ,.. ....
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This insttument was acknowledged before me this / Jl:.; of ~0061ry
Conley Brooks, Jr., husband of Carol G. Brooks.W><J. ~ a.
BERT G. MITCt-lELL
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC /
This instrument was acknowledged before me this / S ~ of tlt1.,,~ 2006 by
Carol G. Brooks, wife of Conley Brooks, Jr. UJ-A.. ~-
NOTARY PUBLIC
ERT Cl MITCHELL
Notary Public
State Deed Tax Due Hereon:
This instrument was drafted by:
Lindquist & Vennum P.L.L.P. (RGM)
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Telephone: 612-371-3262
Doc# 2171414\2
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BURNET TITLE WAYZATA 141013/020
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