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HomeMy WebLinkAboutVan Dale Addition drainage easementaf,pa m � CIL�57►9-t- 89y &t N�S�s C"7*'� EASEMENT AGREEMENT THIS AGREEMENT, made this Le�day of `G , 199/, between VCI CAPITAL, INC., f/k/a Van Dale Companies, Inc., f/k/a EDA, Inc., a Minnesota corporation, ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). OWNERSHIP DEFINED Owner covenants that it is the fee simple owner of property located in Hennepin County, Minnesota, which is legally described as: ("Property"). Lots 1 and 2, Block 1, Van Dale Addition, according to the map or plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota TERMS OF EASEMENT The City requires a perpetual, nonexclusive easement for drainage purposes over, under and across the following described property: The north 80.0 feet of the south 120.0 feet of the west 10.0 feet of Lot 1; and the south 40.0 feet of the west 10.0 feet of Lot 2, all in Block 1, Van Dale Addition, according to the map or plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota ("Easement Area"). 1. Owner's grant of the easement over the Easement Area to the City includes the free right of the City to enter upon, under and over the Easement Area, to remove grass and dirt therefrom, to construct, maintain, repair and use a drainage culvert (hereinafter referred to as "Public Improvement") and to enter upon the Easement Area 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 Area to grade, seed the same and replace the surface soil with the original type of material. 3. Owner agrees that the Easement Area 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. 267/22125048 1/8/97 4. Owner has the lawful right and authority, without restriction, to convey the easement as herein granted, that the easement is not subject to any other interest other than the interests of Mellon Bank N.A., a mortgagee on the Property who has consented to this Agreement, and that the Easement Area is embraced wholly within the Property. 5. 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. 6. The easement herein granted shall not affect the determination, application or calculation of lot area, lot depth, lot width, lot coverage, building setback or yard requirements, and other zoning, subdivision and land use Ordinances in the Orono City Co& 7. 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. IN WITNESS WHEREOF, this Agreement has been executed as of the day and yep' first above written, subject to all of the terms and conditions herein set forth. CITY OF ORONO By: Its: %` ��/��i✓i� And by: _ Its: OWNER: VCI CAPITAL, INC., f/k/a Van Dale Companies, Inc., f/k/a VEDA, Inc. By• Its: And by: Its: 267/12125048 1/8/97 EASEMENT AGREEMENT THIS AGREEMENT, made thisLO�lday of , 199, between VCI CAPITAL, INC., f/k/a Van Dale Companies, Inc., f/k/a EDA, Inc., a Minnesota corporation, ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). OWNERSHIP DEFINED Owner covenants that it is the fee simple owner of property located in Hennepin County, Minnesota, which is legally described as: ("Property"). Lots 1 and 2, Block 1, Van Dale Addition, according to the map or plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota TERMS OF EASEMENT The City requires a perpetual, nonexclusive easement for drainage purposes over, under and across the following described property: The north 80.0 feet of the south 120.0 feet of the west 10.0 feet of Lot l; and the south 40.0 feet of the west 10.0 feet of Lot 2, all in Block 1, Van Dale Addition, according to the map or plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota ("Easement Area"). 1. Owner's grant of the easement over the Easement Area to the City includes the free right of the City to enter upon, under and over the Easement Area, to remove grass and dirt therefrom, to construct, maintain, repair and use a drainage culvert (hereinafter referred to as "Public Improvement") and to enter upon the Easement Area 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 Area to grade, seed the same and replace the surface soil with the original type of material. 3. Owner agrees that the Easement Area 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. 267/22125048 1/8/97 4. Owner has the lawful right and authority, without restriction, to convey the easement as herein granted, that the easement is not subject to any other interest other than the interests of Mellon Bank N.A., a mortgagee on the Property who has consented to this Agreement, and that the Easement Area is embraced wholly within the Property. 5. 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 Ares and remove all or any portion of the Public Improvement which has been placed upon, over or under the Easement Area. 6. The easement herein granted shall not affect the determination, application or calculation of lot area, lot depth, lot width, lot coverage, building setback or yard requirements, and other zoning, subdivision and land use Ordinances in the Orono City Cod'. 7. 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. IN WITNESS WHEREOF, this Agreement has been executed as of the day and yeu' first above written, subject to all of the terms and conditions herein set forth. CITY OF ORONO Its: �'/��i� And by: _ Its: OWNER: VCI CAPITAL, INC., f/k/a Van Dale Companies, Inc., f/k/a VEDA, Inc. By• Its: And by: Its: 267/22125048 1/8/97