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HomeMy WebLinkAboutEasement agreement . . . a��c:�°J:1��1, � �, _, > 8D OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON NOV.30, 1999 3:00 PM IYIICHAEL H.CUNNIFF,REGISTRAR OF TITLES BY ,DEPUTY � - HINSHAW & CULBERTSON PIPER JAFFRAY TOWER APPLETON,WISCONSIN SUITE 3100 MIAMI,FLORIDA BELLEVILLE,ILLMOIS 222 SOUTH NINTH STREET MILWAUKEE,WISCONSIN BLOOMINGTON,ILLINOIS MINNEAPOUS,MINNESOTA 55402 MUNSTER,INDIANA BROOKFIELD,WISCONSIN PEORIA,ILLINOIS CHAMPAIGN,ILLINOIS 6123333434 PHOENIX,ARIZONA CHICAGO,ILLINOIS TELEFAX:612295.0398 ROCKFORD,ILLINOIS CRYSTAL LAKE,ILLINOIS ST.LOUIS,MISSOURI FT.LAUDERDALE,FLORIDA SAN FRANCISCO,CALIFORNIA JACKSONVILLE,FLORIDA SPRINGFIELD,ILLINOfS 70LIET,ILLINOIS LAKE GENEVA,WISCONSIN Nanc Chadwick TAMPA,FLORIDA Y WAUKEGAN,ILLINOIS �is�E,��LiNois Direct: 612.295.0660 nchadwick@onrampinc.net December 29, 1999 Greg Gappa � City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Recorded Easement Agreements Dear Greg: Enclosed please find attested copies of the following easement agreements that were recorded in the office of the Hennepin County Registrar of Titles on November 30, 1999: 1. Easement Agreement executed by Gerald D. Westby and Diane B. Westby, husband and wife, in favor of the City recorded as Document No. 3229462; and 2. Easement Agreement executed by Thomas A. Cusick and Charlene A. Cusick, husband and wife, in favor of the City recorded as Document No. 3229463. Upon your receipt of the enclosed, recorded easement agreements, please do not hesitate to call me if you have any questions. Very truly yours, � -�C��(�.� � Nancy L. Chadwick Legal Assistant Enclosure cc: Tom Kellogg Thomas J. Barrett, Esq. .� . ���.:�,1�� � G �� �-�J � � � � � r �C� p� �-1�u EASEMENT AGREEMENT q THIS AGREEMENT, made this�_ day of�. , 199�, between Gerald D. Westby and Diane B. Westby, husband and wife ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). RECITALS: A. Owner is the holder of a fee simple interest in property located in Hennepin County, Minnesota, which is legally described as: Tracts C and P, Registered Land Survey No. 192, Files of the Registrar of Titles, County of Hennepin (the "Property"). B. The City desires certain easements for the purposes hereafter set forth, and Owner has agreed to grant such easements upon the terms and conditions herein. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration given to Owner by the City, receipt and sufficiency of which is acknowledged, it is agreed: AGREEMENTS 1. Grant of Easements. Owner hereby grants to the City for the benefit of the public, a permanent, nonexclusive easement over, across and upon that portion of the Property legally described on Exhibit A attached hereto and made a part hereof (the "Easement Area") for the purposes of constructin;, reconstructing, maintaining, repairing and use of a sanitary sewer system and all appurtenances thereto, including, without limitation, signage (hereinafter referred to as "Public ImprovemenY'). 2. Maintenance. The City shall maintain at its own expense the Easement Area. Said maintenance obligation shall include, without limitation, keeping the same in good and safe condition for the purpose granted herein and reasonably free and clear of foreign objects, debris and obstructions. G� 3. Liabilitv and Indemnification; Insurance. The City hereby a�rees to indemnify and save the Owner harmless from and against any and all suits, demands, liabilities, costs and other expenses, including reasonable attorneys' fees, incuned in connection with or arising out of the use of the Easement Area by the City, its contractors and agents or the general public for the purposes granted herein, excluding, however, from such indemnity any loss resulting from acts of Owner and his invitees. The City shall be responsible for obtaining and maintaining public liability insurance over the Easement Area in such limits as City, in its sole direction, deems reasonable and sufficient. 4. Owner's Covenants. Owner covenants and agrees that: a. The Easement Area shall not be encroached upon by fill, excavation, paving or concrete, erecrion of buildings or permanent enclosures, fences or walls, or other obstructions by Owner which would interfere with, or which would othenvise obstruct access to the Public Improvement in any manner by Owner. b. Owner has the lawful right and authority, without restriction, to convey the easements as herein granted, that the Easement Area is not subject to any other interest other than the interests of Owner, except the interests of Bank of America, FSB and Norwest Bank Minnesota, National Association, both of which have consented to the easement granted herein, and that the Easemeat Area is Pmbraced wholly within the Property. 5. Bindin� Effect. The terms, provisions and easements provided herein shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Owner. The covenants, agreements and easements contained herein shall be deemed to run with, burden and benefit the Property. 6. Termination of Easements. In the event that use of the Easement Area is at anytime discontinued by the City, the City shall have the right, but not the duty, to enter further upon the Easement Area and remove all or any portion of the Public Improvement which has been placed upon, over or under the Easement Area. , IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written, subject to all of the terms and conditions herein set forth. CITY OF ORONO OWNER By �_�, Its M ,yor Gerald D. Westb iJ /, By ����L.� -�1- (��. 1-- Its City Clerk L-D�B. Westby 2 STATE OF NIINNESOTA ) ) ss COUNTY OF HENNEPIN ) L��a�. Ue� � The foregoing instrument was acknowledged before me this � day of - _ �� 199�, by Gatiriel Jabbour and'�Y-I�4+�n, 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 =� Cr,RG�E A.Nr:�E'•:�,� �, �N�� ( (• .� ��.�r��s.� � 1 -<o�� r�u�rFVFusuc-',����:���rn r; Notary Public � 7 � y FG�!(fFl 'CCJ 1TY �" t 1 :Cn m �i�n E FS J n 31 %p,� 'r 1 ..11:��.�_:c,y_,"«:Y.�_�_:.._,. ., STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this� t�, day of ��,��� , 199�, by Gerald D. Westby and Diane B. Westby, husband and wife. � tary Public This Instrument was Drafted By: � ���� Hinshaw & Culbertson ��A� 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-4800 EXHIBIT A � That part of the Property, lying ten (10) feet either side of the following descri�d Line A; commencing at the southeast corner of the Property; thence west along south,lot : ' e a distance of 44.11 feet to the point of beginning of Line A; thence northerly to a po' f o�e north lot line 45.89 feet west of the northeast corner of the Property and thus terminating.�:«�• �` ��t,i� �.��.