HomeMy WebLinkAbout2775 Silver View Dr trail easementFUME -64
EASEMENT AGREEMENT
THIS AGREEMENT, made this /qday of �5P/, 1996, between Craig J.
Brandenburg and Therese M. Brandenburg, 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 Lot 1, Block 2, Meyer Dairy
Addition (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
contained 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, the receipt and sufficiency of
which is acknowledged, it is agreed:
AGREEMENTS
Grant of Easements.
a. 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 as follows:
The West Seven (7) feet of Lot 1, Block 2, Meyer Dairy
Addition, Hennepin County, Minnesota
(the "Easement Area") for the purposes of constructing, reconstructing, maintaining,
repairing and use of a public trail and all appurtenances thereto, including, without
limitation, signage (hereinafter referred to as "Public Improvement").
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.
3. Liability 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 ore
ITE A
267/22121329 9/5/96
v ID6
r
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 discretion, 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, 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 and The Prudential Home Mortgage
Company, Inc. and First Trust National Association, mortgagees on the Property who
have consented to this Agreement, and that the Easement Area is embraced wholly
within the Property.
5. Binding 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
am
:m
267/22121329 9/5/96 2
CIWAKNW 7
'�' - 6
Craig J. ir denburg
Therese M. Brandenburg
STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
d
The foregoing instrument was acknowledged before me this j. ' day of d
1996, by Edward Callahan and Dorothy M. Hallin, 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.
`"• •. LINDA S'VEE Notary Public
NOTARY PUBLIC -MINNESOTA
••HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000
STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this 2 day of
1996, by Craig J. Brandenburg and Therese M. Brandenburg, husband and wife. /
This Instrument was Drafted By:
Popham, Haik, Schnobrich & Kaufman, Ltd.
3300 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612)333-4800
267/22121329 9/5/96
G
o ry Public
,1/�tu`Lrr g1y.•My.� r � 4. •��... a4r �.M.. �a+n•A/..q�'V
( • : 4;;:,, JANICE LEHRKE
i •'•'�` � `'•
,qt NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My Comm. Expires Jan. 31, 2000
ch r'l
f=1 �:.I)
r I
rrl
pq
CD
11
C�
cr
ch r'l
f=1 �:.I)
r I