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HomeMy WebLinkAboutVan Dale Addition roadway easement 1993EASEMENT AGREEMENT THIS AGREEMENT, made this _ day of , 1993, between VCI Capital, Inc., a Minnesota corporation, its successors and assigns (hereinafter "Owner"), and the City of Orono, a Minnesota 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 Three (3), Block One (1), Van Dale Addition (hereinafter referred to as the "Property"). EASEMENT DEFINED The City requires a perpetual easement for public roadway purposes over, under and across the west 3.0 feet of the Property (hereinafter referred to as the "Easement Parcel"). GRANT OF EASEMENT In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given to Owner by the City, the receipt and sufficiency of which is acknowledged, Owner hereby grants, bargains, quitclaims and conveys to the City, forever, a perpetual easement for public roadway purposes over, under and across 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 structures therefrom, to construct, maintain, repair and use the storm sewer (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, replace the existing fence at a location near the Easement Parcel which is acceptable to Owner, seed the Easement Parcel and replace the surface soil with the original type of material, except in the case of any area of the Easement Parcel lying within a public right-of-way, currently used for road purposes. 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 357/2201796111/30/93 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. 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. CITY OF ORONO By Mayor By Its City er STATE OF MINNESOTA ) S9. COUNTY OF HENNEPIN ) VCI CAPITAL, INC. Jf _ The foregoing instrument was acknowledged before me, a notary public in and for said County, this /y'�'day of , 1993, by and e Mayor and City Clerk of the Ci of Orono, ainnesota munic pal corporation, who executed this Agreement and acknowledged that they executed the same on behalf of the City. ��. JAMIE L. BOSMA NOTARY PUBLIC -MINNESOTA • HENNEPIN COUNTY ��-��•• My Comm. Expires 12-19-97 357/2201796111/30/93 r NQj ublic -2- STATE OF MINNESOTA ) ) ss. COUN'T'Y OF iew e ) The foregoing instrument was acknowledged before me this2Q-day ofe, Lar, 1993, by the rrK &n of VCI Capital, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public J� ELAINE TNo�nPoN NOTARY PUBLIC—MINNESOTA �.Q1, HENNEPIN COUNTY MY Comm. txpires June 20, 1994 This instrument was drafted by: Popham, Haik, Schnobrich & Kaufman, Ltd. 3300 Piper Tower 222 South 9th Street Minneapolis, MN 55402 (612) 333-4800 -3- 357/2201796111/30/93 3- 357/2201796111/30/93 EASEMENT AGREEMENT THIS AGREEMENT, made this; day of tt , 1998, between STONEGATE FARM, INC., a Minnesota corporation, ("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 on Exhibit "A" attached hereto and made a part hereof ("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 Dollar, ($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 on Exhibit B attached hereto and made a part hereof (the "Easement Area") for the purposes of constructing, reconstructing, maintaining, repairing and use of a biking and hiking trail system and all appurtenances thereto, including, without limitation, signage (hereinafter referred to as "Public Improvement"). b. Owner hereby grants for the benefit of the City, a temporary, exclusive construction easement (the "Temporary Easement") over, across and upon that portion of the Property legally described on Exhibit C attached hereto and made a part hereof (the "Temporary Easement Area") for the purpose of constructing the Public Improvement. 2. Term of Temporary Easement. The Temporary Easement shall expire on the earlier of (i) completion of construction of the Public Improvement; or (ii) June 1, 1999, at which time the Temporary Easement is terminated and of no further force and effect. 3. 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. 4. Restoration. After maintenance, repair, reconstruction or construction of the Public Improvement, the City shall return the area it disturbs within the Temporary Easement Area, to grade and seed the same. 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 or arising out of the use of the Temporary Easement Area and the Permanent Easement Area (collectively the "Easement Areas") 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 Permanent Easement Area in such limits as City, in its sole discretion, deems reasonable and sufficient. 6. Owner's Covenants. Owner covenants and agrees that:, a. The Permanent 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. Notwithstanding the foregoing, Owner reserves the right to construct a driveway or driveways which may cross over the Permanent Easement Area. b. The Temporary Easement Area shall not be obstructed or interfered with by Owner during the construction of the Public Improvement. C. Owner has the lawful right and authority, without restriction, to convey the easements as herein granted, that the Easement Areas are not subject to any other interest other than the interests of Owner and Louise W. Otten, a mortgagee on the Property who has consented to this Agreement, and that the Easement Area is embraced wholly within the Property. 7. 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. Termination of Easements. In the event that use of the Permanent Easement Area is at anytime discontinued by the City, the City shall remove all or any portion of the Public Improvement which has been placed upon, over or under the Permanent Easement Area, and shall, if requested by the Owner, record a termination of this easement agreement. 2 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 OWNER STONEGATE FARM, INC. Its M or 1 �\ B'�-- I� Its AL'S .� ,17 And -I/-- Its City Clerk 3 ,' Its I`, d E' %-//'e°5 AUG 45 1998 STATE OF MINNESOTA ss COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this /-//, day of �j 1998, by Gabriel Jabbour and Bk �eAq. l��n, the Mayor and City Clerk, respective y, 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. CAROLE A. HASEMAN K NOTARY PUBLIC -MINNESOTA V. ". HENNEPIN COUNTY My Commission Expires Jan 31, 2000 h STATE OF MINNESOTA ss COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me 1199 by %l�� / l l , f f and and Stonegate Farm, Inc., a Minnesota corporation, on behalf of the WANDA J. WEBER }t �>.,S NOTARY PUBLIC — MINNESOTA 3 ?° • f,Ay Comm. Expires Jan. 31, 2000 e ° This Instrument was Drafted By: Hinshaw & Culbertson 3200 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-3434 267/22121329 4/27/98 Notary Public r s r this day of ZIM ' _ the f ; respectively, /orporationi ,x Notary Public ("Property") That part of the East Half of the Southwest Quarter of Section 28, Township 118, Range 23, lying north of the center line of County Road No. 6 as monumented and platted in the plat of Hennepin County State Aid Highway Number 6, Plat 5, Hennepin County, Minnesota, according to the Government Survey thereof. The north, east and west boundary lines of said tract have been marked by Judicial Landmarks set pursuant to Torrens Cases Nos. 17158 and 18135. I 267/22121329 4/27/98 ("Permanent Easement Area") Beginning at the intersection of the East Line of the East half of the Southwest Quarter of Section 28, Township 118, Range 23, and the north line of Hennepin County State Aid Highway No. 6, Plat 5, according to the Government Survey thereof, thence westerly along said north line a distance of 242.94 feet to a point of curve; thence continuing westerly along said north line on a tangential curve concave to the north having a radius of 5,629.57 feet, a central angle of 03 degrees 08 minutes 26 seconds, and an arc length of 308.57 feet; thence deflecting to the right 176 degrees 25 minutes 42 seconds a distance of 248.19 feet; thence deflecting to the right 0 degrees 29 minutes 30 seconds a distance of 303.93 feet to a point on said East Line; thence southerly along said East Line a distance of 10.03 feet to the point of beginning and there terminating. 267/22121329 4/27/98 0 I W14 ' 11C ("Temporary Easement Area") The north 5.0 feet of the south 45.0 feet of the Property; AND the north 25.0 feet of the south 70.0 feet of the east 600 feet of the Property. 267/22121329 4/27/98 7 Registrar of Titles, Hennepin, MN Date Filed: 08/25/1998 03:00 PM As Doc #: 3060373.0 Copy On CT #: 862516.0.