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Home My WebLink About160 Old Crystal Bay Rd trail easementTRANSFER ENTERED HENNEPIN C O INTY TAXPAYOR aERVIC M LOAN #1187614 ( WILL) NOV 12 1996 EASEMENT AGREEMENT � UNTY M � gy. - DEPUTY THIS AGREEMENT, made this a day of (-�' ib b-e!P- , 1996, ween Robert J. Will and Ann M. Will, of the County of Hennepin and the State of Minnesota, their heirs, successors and assigns (hereinafter "Owner"), and the City of Orono, a municipal corporation (hereinafter "City"). OWNERSHIP DEFINED Owner covenants that it is the fee simple owner of property located in Hennepin County, Minnesota, which is legally described as: Lot 1 Block I Peterman Addition, _ according to the map or plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota (hereinafter referred to as the "Property"). EASEMENT DEFINED The City requires a perpetual easement for Trail purposes over, under, and across the west 7.0 feet of the Property (hereinafter referred to as the "Easement Parcel"). TERMS OF EASEMENT 1. Owner's grant of the Easement Parcel to the City includes the free right of the City to enter upon, under, and over the Easement Parcel to remove trees, brush, grass, dirt, and structure therefrom, to construct, maintain, repair, and use the drainage culvert (hereinafter referred to as "Public Improvement"), and to enter upon the Easement Parcel for the purpose of inspecting, maintaining, repairing, removing, and reconstructing the Public Improvement. 2. The City shall return the area it disturbs within the Easement Parcel to, grade, seed the same, and replace the surface soil with the original type of material. 3. Owner agrees that the Easement Parcel shall not be encroached upon by fill, excavation, erection of buildings, or permanent enclosures, fences or walls, or other obstructions which would interfere with or which would otherwise obstruct access to, the Public Improvement in any manner. 4. In the event that use of the Easement Parcel is at anytime discontinued by the City, the City shall have the right, but not the duty, to enter further upon the premises and remove all or any portion of the Public Improvement which has been placed upon, over, or under the Easement Parcel as granted by the Owner to the City. Parcel 5 PID 33-118-23-43-0006 5. The terms and provisions of this instrument shall run with the premises and shall extend to and be binding upon the Owner, its heirs, personal representatives, successors, and assigns. 6. The Owner covenants that it has a lawful right and authority, without restriction, to convey the Easement Parcel as herein granted, subject only to the consent of any party having a record interest in the Easement Parcel. The Owner and City have caused this Agreement to be executed the day and year as written above. • •R• • is Its .. �/ A : STATE OF MINNESOTA )SS COUNTY OF HENNEPIN OWNERS A/" � Lxi Robert J. Wil , husband Ann M. Will, wife The foregoing instrument was acknowledged before me, a notary public in and for said County, this 2_ day of CCT D�13c� , 1996, by Edward Callahan and Dorothy M. Hallin, the Mayor and City Clerk 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. .". CAROLE A. HASEMAN NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY "�•'° My Commission Expires Jan. 31, 2n00 Notary Public STATE OF MINNESOTA )SS COUNTY OF ► ) The foregoing instrument was acknowledged before me, this day of 1996, by Robert and Ann M. Will, husband and wife, to me known to be the persons described in this document and who executed the document and acknowledged that they executed the same as their free act and deed. `"• CAROLE A. HASEMAN NOTARY PUBLIC -MINNESOTA •, HENNEPIN COUNTY ` ""••° My Commission Expires Jan. 31, 2n00 (1'� "/" 6 - Notary Public Parcel 5 PID 33-118-23-43-0006 (Will) CONSENT The undersigned ("Mortgagee") having an interest as mortgagee in the property described in the foregoing Easement (the "Easement"), pursuant to that certain Mortgage dated April 25, 1990, filed May 8, 1990 with the County Recorder in and for Hennepin County, Minnesota as Documents No. 5657429 (the "Mortgage"), hereby consents to the Easement and further agrees that the Mortgage is subject and subordinate to the easement granted in the Easement. IN WITNESS WHEREOF, the undersigned has caused this Consent to be executed effective as of OCTOBER 4 , 1996, Its ASST VICE PRE§IIOt�NT ILSA MARUSA STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES ) This instrument was acknowledged before me on OCTOBER 4 , 1996, by ILSA MARUSA the ASST VICE PRESIDENT of Home Savings of America, F.A., a corporation under the laws of the State of CALIFORNIA , on behalf of the corporation. a , Notary b iC PATTY BADGER THIS INSTRUMENT WAS DRAFTED BY: POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 267/22121329 8123/96 ..: PATTY J. �MIXER �f ''• COMMISSION 1k1 Notary Public - California LOS ANGELES COUNTY 0 My Commission Expires OCT. 15, 1999 (Will) CONSENT The undersigned ("Mortgagee") having an interest as mortgagee in the property described in the foregoing Easement (the "Easement"), pursuant to that certain Mortgage dated May 25, 1990, recorded May 25, 1990 with the County Recorder in and for Hennepin County, Minnesota as Documents No. 5664281 (the "Mortgage"), hereby consents to the Easement and further agrees that the Mortgage is subject and subordinate to the easement granted in the Easement. IN WITN ►�S NWHERE F, the undersigned has caused this Consent to be executed effective as of C , 199 STATE OF COUNTY OF i!�A P— V � f Mortgagee Rosemary Will ss. This instrument was acknowledged before me on Q�° o8E,2 , 1996; by Rosemary Will. Notary Public THIS INSTRUMENT WAS DRAFTED BY: POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD.ELAINE J. ROESER ~� 3300 Piper Jaffray Tower �;:^ V. NOTARY PUBLIC -MINNESOTA t 222 South Ninth Street r�111�! CARVER COUNTY 1 Minnea olis, MN 55402 t :' ` My Comm. Expires Jay 31`2000i p! a.. .........,� .. ,.— tr- TJ r 26722121329 8/30/96 5 r•� rti O r mm n ,.n ,-, k.0 'r' m rte Q m Tl CC, �.4I i.! ;T, ,; cr �. ED cc ".4 F , Q f 1 r TRANSFER ENTERED HENNEPIN COUNTY TAXPAYM JERVIM NOV 12 1996 H INN. gY DEPUTY �� 71 Z This Agreement, made thisy day of , 1996, between Robert J. Will and Ann M. Will, their successors and assigns (hereinafter "Owner"), and the City of RIGHT OF ENTRY 66683€bra EASEMENT TO CONSTRUCT TRAIL Old Crystal Bay Road North Street Improvement Project Orono, a municipal corporation (hereinafter "City") Right to Construct Trail. The Owner hereby grants the City, its successors and assigns, the temporary right and easement over, under, across, and through the real property located in Hennepin County, Minnesota, legally described in the attached Exhibit A which is made a part of this document (hereinafter "Property"), for the City to use and occupy the Property for the purposes stated herein, including but not limited to, the accommodation of equipment, tools, materials, and excavated earth, at all times prior to November 15, 1996. This easement includes the free right of the City, its contractors, agents, and employees to enter over, under, upon, and through the Property at all times prior to November 15, 1996, for the purpose of facilitating the installation and construction of the public trail on the land abutting and/or adjacent to the Property. This easement includes the right, with respect to the Property to: (1) excavate, fill, and grade soil thereon, to remove trees, bushes, grass, and other structures which interfere with construction; (2) operate machinery and equipment on and over the Property, to store machinery, equipment, materials, and supplies on the Property in connection with the construction of the public improvements; and (3) do what is necessary, useful, or convenient for the enjoyment of the easement as granted herein. Following construction, the City will remove all machinery, equipment, materials, and supplies and leave the Property in a neat and presentable manner with all disturbed areas reseeded to grass. 2. Aueement Documents. This Agreement consists of this Agreement and Exhibit A. 3. Covenant of Ownership. The Owner covenants that it is the record fee owner of the Property, that it has legal title to the Property and has lawful right and authority, without restriction, to convey and grant the right of entry and temporary easement as granted in this Agreement. Parcel 5 PID 33-118-23-43-0006 CITY OF ORONO lo . ,l,,�,� ___ Its Mayor am STATE OF MINNESOTA )SS COUNTY OF HENNEPIN 4aw e'6� Ann M. Will, wife The foregoing instrument was acknowledged before me, a notary public in and for said County, this,J—day of (a fry h Pr , 1996, by Edward Callahan and Dorothy M. Hallin, the Mayor and City Clerk 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. r, CAROLE A. HASEMAN NOTARY PUBLIC -MINNESOTA ' HENNEPIN COUNTY My Commission Expires Jan. 31, 2n00 STATE OF MINNESOTA )SS COUNTY OF �'4T` v, ) Notary Public The foregoing instrument was acknowledged before me, this �2) c„ , day of r_�, 'Fd be , 1996, by Robert and Ann M. Will, husband and wife, to me known to be the persons described in this document and who executed the document and acknowledged that they executed the same as their free act and deed. ��. CARO=COUNTY ` NOTARY HENMy Commiss0o Notary Public Parcel 5 PID 33-118-23-43-0006 EXHIBIT A Legal Description A temporary easement for construction purposes over, under, and across the west 15.0 feet of the following described property. Lot 1 Block 1, Peterman Addition, according to the map or plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Said temporary easement shall expire automatically on November 15, 1996, without the need of further recording. 1 Parcel 5 PID 33-118-23-43-0006 --Alt-- vv mm �: � C) O m' n ! •J CrJ m t ; � UCr `r C3