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HomeMy WebLinkAbout2790 Silver View Dr drainage easementA .. 41!E:V�i�'fN COtJhEii► TaVMP�1�{� SER1lICE JUN 24 9991 EASEMENT AGREEMENT 6749587 !N U MINN. DtUTY THIS AGREEMENT, made this J day of A-00fa-tM , M0, between William Douglas Hile and Kimberly B. Hile, husband and wife, 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 1 Meyer Dairy Addition, according to the map or plat thereof on file and of record in the officer of the County Recorder, Hennepin County, Minnesota (hereinafter referred to as the "Property"). EASEMENT DEFINED The City requires a perpetual easement for drainage purposes over, under, and across the North 15 feet of the East 160 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. 267/22126231 11/18/96 S � 6749587 !N U MINN. DtUTY THIS AGREEMENT, made this J day of A-00fa-tM , M0, between William Douglas Hile and Kimberly B. Hile, husband and wife, 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 1 Meyer Dairy Addition, according to the map or plat thereof on file and of record in the officer of the County Recorder, Hennepin County, Minnesota (hereinafter referred to as the "Property"). EASEMENT DEFINED The City requires a perpetual easement for drainage purposes over, under, and across the North 15 feet of the East 160 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. 267/22126231 11/18/96 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. By — Its ayor By Its Cit dministrator STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) �-�A William D Blas Hile, hpsband Kimberly B. ' le, wife Gabriel Jabbour The foregoing ins rument was acknowledged before me, a notary public in and for said County, this :fK of CLV% , 1911, by �dyv�r�d/� 1}a�h�r� and Ronald Moorse the Mayor and City Admi 'strator 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. , LINDA S. VEE 1NOTARY PUBLIC -MINNESOTA Notary Public •%;�;; HENNEPIN COUNTY -•° My commission Expires Jan. 31, 2000 ST ss. COUNTY OF The foregoing instrument was acknowledged before me this 7 dayof 19 R'l, by William Douglas Hile and Kimberly B. Hile, husband and wife, to e 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. ■ DENISE R. LASSEY NOTARY PUBLIC - MINNESOTA Notary Public "QWMy Comm. Expires Jan. 31, 2000■ A W W's o4re�j'0,' r%!ls iy�i 6 ✓�do�1 26722126231 11/18/96 Vj ` M It kD Ut C3 _ t o C1�Lj r..- r•_ _. U 17, Ld Lu LU LL. �- IP b 7, 7r n FRANS Mil 4mG�7, 78 Vv 4 a t l.,F K JUN 24 1997 RIGHT OF ENTRY .QEASEMENT TO CONSTRUCT TRAIL MiNN. Dr.PUTY Old Crystal Bay Road North Street Improvement Project This Agreement, made this �1� day of �}p�l9A y_, 199 , between William Douglas Hile and Kimberly B. Hile, husband and wife, and their successors and assigns (hereinafter "Owner"), and the City of Orono, a municipal corporation (hereinafter "City"). 1. Right to Construct Trail. The Owner hereby grants the City, its successors and assigns, the temporary right and easement over, under, across, and through th real proper; 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 September 30,19_.27 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 September 30 y19971 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. Agreement Documents. This Agreement consists of this Agreement and Exhibit A. 3. Covenant of Ownershio. 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. 26722126234 11/18196 CITY OF ORONO B Its"Mayor \ By Its Cit Administrator STATE OF MINNESOTA ss. COUNTY OF'HENNEPIN OWNERS William ouglas Hile i . C - Kimberly B. ile Gabriel Jabbour`� The foregoing instrument was acknowledged before me, a notary public in and for said County, this "day of _�, , 19�, by 1�"Vo)( a4ly4�rl and Ronald Moorse ,the Mayor and City Administrator 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. LINDA S. VEE NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 STATE OF MINNESOTA ) ) ss. COUNTY OF ela v . 1 r\ ) Notary Public The foregoing instrument was acknowledged before me this I day of ' 4'&0_ , 1991 , by William Douglas Hile and Kimberly B. Hile, to me known to the pers ns described in this document and who executed the document and acknowledged that they executed the same as their free act and deed. Aft DENISE R. LASSEY Notary Public NOTARY PUBLIC -MINNESOTA Y 'QWMy Comm. Expires Jen. 31, 2000 ■ m 74 26722126234 11/18/96 EXHIBIT A Legal Description A temporary easement for construction purposes over, under, and across the west 10.0 feet of the south 267.5 feet and the west 25.0 feet of the north 150.0 feet of the following described property. Lot 1 Block 1, Meyer Dairy 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 Sep ember 3n 19_9_7, without the need of further recording. 26722126234 11/18/96 CD LO Lr) rry r4 R•, r co m W CL LL } LU 0 ch t :ch .r r•.a -t- n.� H NSF AW & CULBERTSON BELLEVILLE, ILLINOIS BLOOMINGTON, ILLINOIS CHAMPAIGN, ILLINOIS CHICAGO, ILLINOIS JOLIET, ILLINOIS LISLE, ILLINOIS PEORIA, ILLINOIS ROCKFORD, ILLINOIS SPRINGFIELD, ILLINOIS WAUKEGAN, ILLINOIS WRITER'S DIRECT DIAL NO. (612)295-0660 Elizabeth Van Zomeren City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 Re: Recorded Resolutions Dear Liz: PIPER JAFFRAY TOWER SUM 3200 FT. LAUDERDALE, FLORIDA 222 SOUTH NINTH STREET JACKSONVILLE, FLORIDA MINNEAPOLIS, MINNESOTA 55402 MIAMI, FLORIDA TAMPA, FLORIDA 612.333.3434 MUNSTER, INDIANA ST. LOUIS, MISSOURI APPLETON, WISCONSIN BROOKFIELD, WISCONSIN TELEFAX: 612.334.8888 LAKE GENEVA, WISCONSIN MILWAUKEE, WISCONSIN July 14, 1997 FILE NO. 3643-047 Enclosed, for the City's records, please find the following resolutions which were recorded June 24, 1997, in the office of the Hennepin County Recorder: 1. Resolution No. 3907 (File No. 2234) recorded as Document No. 6749481; 2. Resolution No. 3898 (File No. 2222) recorded as Document No. 6749484; 3. Resolution No. 3892 (File No. 2228) recorded as Document No. 6749482; 4. Resolution No. 3891 (File No. 2227) recorded as Document No. 6749486; and 5. Resolution No. 3835 (File No. 2195) recorded as Document No. 6749483. I have also enclosed, for the City's records, the Easement Agreement and Right of Entry Easement to Construct Trail, both of which were signed by Douglas and Kimberly Hile in favor of the City of Orono. These documents were also recorded June 24, 1997, in the office of the Hennepin County Recorder as Document Nos. 6749587 and 6749586, respectively. Upon your receipt and review of the enclosed documents, please do not hesitate to contact me if you have any questions. Very truly yours, Nancy L. Chadwick Legal Assistant Enclosure cc: Thomas J. Radio, Esq. Thomas A. Barrett, Esq.