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EASEMENT AGREEMENT
.,
THIS AGREEMENT, made this � -I r�i da of Fc� `' r•�� ; r��, ��
Y � - , 199,7; Frances I.
Schaper, single, ("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 G and L, Registered Land Survey No. 192, Files of the Reaistrar 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 (S 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 constructing, reconstructing, maintaining, repairin� and use of a sanitary
sewer system and all appurtenances thereto, including, without limitation, sianaje (hereinafter
referred to as "Public Improvement").
2. Maintenance. The City shall maintain at its own expense the Easement Area.
Said maintenance obli�ation 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.
4. Owner•s Covenants. Owner covenants and agrees that:
a. The Easement Area shall not be encroached upon by fill, excavarion,
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 interest of FBS Mortgage
Corporarion, which has consented to the easement granted herein, and that the
Easement Area is embraced wholly within the Property.
5. Bindina 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
anyrime disconrinued 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 WIT�IESS 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 �.4�-�o.��-r�.�� `�1 �E�t_���/i�
Its Ma r Frances I. Schaper y
BY b���.�!�v �, C`,�e.�,
Its City Clerk
TRRNS�E� ENTERED
1�NNEPEN CCtnYTY T:�tr4Y'EA S2flVICFS
Mt;� i� }G98
H �P!�d �;`�-.�rr!�vN.
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2
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this '����day of P jr ,�-
199�, b Gabriel Jabbour and�e��d�- s v��� ;
Y re��,� :,�al�in� the Mayor and City Clerk, respecrively, 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_
oa�
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°1 CAROLE A.HASEMAN _�-�:-�`K, �� _�,� ����,
•�; NOTARY PUBLIC-MINNESOTA Notary Public
� e�'' NENNEPIN COUNTY
My Commission Expires Jan.31.2�00
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this i'I'''day of f=�hr`':�
199�, by Frances I. Schaper, single.
l C���'�� C/- .����ifr�,i�i
Notary Public
This Instrument was Drafted By:
CAROLE A.HASEMAN
Hinshaw & Culbertson `S `�= NOTAAYPUBIIC-MINNESOTA
j o��t,-,' NENNEPIN COUNTY
3300 Piper Jaffray Tower �` �'�•° MyCommissionExpiresJan.31.2�00
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 described Line
A; commencing at the southeast corner of the Property; thence west along south lot line a
distance of 47.94 feet to the point of beginning of Line A; thence northerly to a point on the
north lot line 43.00 feet west of the northeast corner of the Property and thus terminating.