HomeMy WebLinkAboutVan Dale addition trail easementTEMPORARY RIGHT OF ENTRY AND
EASEMENT TO CONSTRUCT TRAIL
This Agreement, made this../ day of O �vl , 1996, between VCI CAPITAL,
INC., f/k/a Van Dale Companies, Inc., f/k/a VEDA, Inc., a Minnesota corporation,
("Owner"), and the City of Orono, a Minnesota municipal corporation ("City").
1. Richt to Construct Trail. The Owner hereby grants the City, its successors
and assigns, the temporary, non-exclusive 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 "Temporary Easement
Area"), for the City to use and occupy the Temporary Easement Area 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, 1997. This easement includes the free
right of the City, its contractors, agents and employees to enter over, under, upon and through
the Temporary Easement Area at all times prior to September 30, 1997, for the purpose of
facilitating the installation and construction of a biking and hiking trail system and all
appurtenances thereto, including, without limitation, signage (hereinafter referred to as "Public
Improvement"). This easement includes the right, with respect to the Temporary Easement
Area to excavate, fill and grade soil in the Temporary Easement Area; to remove grass which
interferes with construction of the Public Improvement; to operate machinery and equipment
on and over the Temporary Easement Area; to store machinery, equipment, materials and
supplies on the Temporary Easement Area; and to do what is necessary, usefull or convenient
for the construction of the Public Improvement.
2. Aereement 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 Temporary Easement Area, that it has legal title to the Temporary Easement Area and
has lawful right and authority, without restriction, to convey and grant the right of entry and
temporary easement as granted in this Agreement.
4. Restoration. After maintenance, repair, reconstruction or construction of the
Public Improvement, the City shall remove all machinery, equipment, materials, supplies and
debris, and shall return the area it disturbs within the Temporary Easement Area, to grade and
replace the surface soil with the original type of material and seed the same.
5. Easement Expiration. This easement shall expire without the need for
recording further instruments on September 20, 1997.