HomeMy WebLinkAboutEasement agreement � ` � i� �5 �S�AJ d��i�% ��=
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E ASEMEN'i' AGREEMENT
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THIS AGREEMENT', made this �%1�,^: day of _{E� �� r�.t—���-���--, �g9;7; �et�veen
Evan geline T. Kerber, sinQle, ("Ow n e r"), a n d t h e C i t y o f O r o n o, a I�I i n n e s o ta municip a l
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 F and ��, Re�istered Land Survey No. 192, Files of the Registrar of Titles,
County o:Hen:�epin
(the "Propert�-").
B. The City desires cer[ain easements for the purposes hereafter set forth, and Owner
has agreed to arant 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 Qiven 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 :� attached hereto and made a part hereof (the "Easement Area")
for the purposes of constructing, reconstructing, maintaining, repairing and use of a sanitary
sewer system and all appurtenances thereto, including, without limitation, signage (hereinafter
refened to as "Public Impro�-ement").
2. Maintenance. The City shall maintain at its �;wn expense thz 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.
3. Liabilitv and Indemnification• Insurance. The City hereby agrees to indemnify
and save the Owner harmless from and against any and all suits, demands, liabilities, costs and
other expenses, including reasonable attorneys' fees, incurred 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. ����c.`�-��; �;k�_^i,��,�
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4. Owner's Covenants. Owner c.�venants and agrees that:
a. The Easement Area shall not be encroached upon by fill, excavation,
paving or concrete, erection of buildings or permanent enclosures, fences or walls, or
other obstructions by Owner which would interfere with, or which would otherwise
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 Norwest Bank
Minnesota National Association and Bank of America, FSB, both of which have
consented to the easement granted herein, and that the Easement Area is embraced
wholly within the Property.
�. 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 no 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 /�L/C_Qi'�
Its Mayo Evangelin, T. Kerber
B ���-�' ���
Y
Its City Clerk
S'CATE �F MINNESOTA )
) ss .,�,
COUNTY OF HEI�P�TEPPt ) �
The fore�oing instrument was acknowledged befo�re me this ` %<< day of
�d �
� r :t�,1v , 199�; by Gabriel Jabbour and�et�iy�l-�allin, the Mayor and City
Clerk ser pectively, of the City of Orono, a Minnesota municipal corporation, who
executed this Agreement and acknowledged that they executed the same on the behalf of
the City of Orono.
CAROLE A.HASEMAN �'
� NOTARY PUBUC-MINNESOTA ���,�,�J � ��A����
J .c`-;A:"e: HEtJNEPIN COUNTY �
�' \--•• My Ccmmi�,ion E,�ires Jan.31 Z�00 Notary PubL�
_ - —�^="�s�
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this '�day of
, 1998, by Evangeline T. Kerber, single.
CAROLE A.HASEMAN �
NOTARY PUBl1GMINNESOTA �
,I`\":�. N�INEPiN COUNTY �/.1/L�/l.f - ��.�virr��A /
My Comm�sslon E�ires Jan•3�.2�0o Notary Public
This Instrument was Dcahed By:
Hinshaw dc Culi,ert,�n
3300 Piper Jaffray Tower
222 South Ninth Stieet
Minneapolis,MN 55402
(612)333-4800