HomeMy WebLinkAboutVan Dale Addition bridge easementRIGHT OF ENTRY
TEMPORARY EASEMENT TO CONSTRUCT BRIDGE
Old Crustal Bay Road North
Street Improvement Project
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").
1. Right to Construct Road and Bridte. The Owner hereby grants the City, its
successors and assigns, the temporary 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 "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 June
30, 1995. 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 June 30,
1995, for the purpose of facilitating the installation and construction of the public road and
bridge 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,
supplies and debris, return the Property to grade, replace the existing fence at a location on or
near the Property acceptable to Owner, replace the surface soil with the original type of
material, seed the Property, and leave the Property in a neat and presentable manner.
2. Agreement 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 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, subject only to the consent of any party having a record interest in the
Property.
357/2201796111/30/93
CITY OF ORONO
:
1.9
VCI CAPITAL, INC.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1c��`day of
nuc , 1993, by 4. and 71� .G�i% , the
ayor and ity Clerk of the City ofhron0, a Min esota municip corporation, who
executed this Agreement and acknowledged that they executed the same on behalf of the City.
�•.I
IE L. BOSMA
PUBLIC -MINNESOTA
NEPIN COUNTY
m. Expires 12-19 97
STATE OF MINNESOTA )
)ss.
COUNTY OF nne i n )
Nod �ublic
The foregoing instrument was acknowledged before me this zoo' day of
DeeAm h a r- , 1993, by berg P 1n3� the of VCI Capital,
Inc., a Minnesota corporation, on behalf of the corporation.
Notary
This instrument was drafted by:
Popham, Haik, Schnobrich & Kaufman, Ltd.
3300 Piper Tower
222 South 9th Street
Minneapolis, MN 55402
(612) 333-4800
-2-
357/2201796111/30/93
ELAINE THOMPSON
iV ROTARY PUBLIC—MINNESOTA
HENNEPIN COUNTY
�', My Comm. tWrat Jum 20. 19%
v ■
Legal Description
A temporary easement for construction purposes over, under and across the west 10.0 feet of
Lot Three (3), Block One (1), Van Dale Addition. Said temporary easement shall expire
automatically on June 30, 1995, without the need for further recording.
357/2201796111/30/93