HomeMy WebLinkAbout1995-08-21 Septic System AgreementSEPTIC SYSTEM CONSTRUCTION, EASEMENT AND
MAINTENANCE AGREEMENT
THIS AGREEMENT, made as of this 7- day of wq%isr, 1995,
by and between Elizabeth Foster Prince, a widow not remarried
(hereinafter called "Prince") and William E. Bryson II and Thelma
L. Bryson, husband and wife (hereinafter called the "Brysons").
WITNESSETH:
WHEREAS, Prince is the owner of certain property located on
Big Island, Lake Minnetonka, Hennepin County, Minnesota, legally
described as
Lots 5 and 6, Pleasant View, Lake Minnetonka
(hereinafter called the "Prince Parcel); and
WHEREAS, The Brysons are owners of certain adjacent property
legally described as
Lots 3 and 4, Pleasant View, Lake Minnetonka
(hereinafter called the "Bryson Parcel); and
WHEREAS, the City of Orono is requiring the installation of
an approved septic system to serve each property; and the parties
hereto understand that the City of Orono will approve and
authorize the construction and maintenance of a single septic
system to serve the Prince Parcel and the Bryson Parcel; and
WHEREAS, the parties hereto desire to enter into an agreement
with respect to the construction, installation and maintenance of
a single septic system to serve both the Prince Parcel and the
Bryson Parcel;
NOW, THEREFORE, in consideration of the premises, the parties
hereto agree as follows:
1. The parties agree to construct and install a septic
system to serve both the Prince Parcel and the Bryson Parcel, the
drainfield of which septic system will be located on the Bryson'
Parcel and connect by supply line to a pumping chamber and tanks
located on the Prince Parcel and further connecting by pipe lines
to the respective dwellings on the Prince Parcel and the Bryson
Parcel, all as shown on the design drawing attached hereto as
Exhibit 1.
2. The parties shall mutually agree upon a licensed septic
ccntractor to construct and install such septic system, and shall.
share equally in the cost thereof, and all associated costs,
including septic permit and attorney fees in connection with this
agreement.
3. The parties agree to cooperate fully with the septic
contractor, and to allow said septic contractor access to and
across their respective properties in connection with said septic
system construction and installation.
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4. The parties agree to share equally in the cost of all
saintenance and repairs to such septic system, subsequent to its
construction and installation. If either party incurs costs in
the maintenance and repair of such septic system, said party
shall notify the other party thereof in writing, and the other
party shall pay its one-half share of such costs within thirty
(30) days of such written notice.
5. Each of the parties hereto hereby grants to the other
party a nonexclusive easement for the use, maintenance and repair
of the septic system, including drainfield, supply lines, pumping
chamber and tanks, and connecting pipe lines to the parties'
respective property dwellings, all as shown on Exhibit 1. Such
easement shall include a right of access across the Prince Parcel
and the Bryson Parcel as is reasonably necessary to install, use,
maintain and repair said septic system.
6. Subsequent to the construction and installation of such
septic system, the parties agree to attach hereto as Exhibit 2 a
copy of an "as built" survey of such septic system, which Exhibit
2 shall thereupon replace Exhibit 1 for purposes of defining the
easement and maintenance agreements incorporated in this
Agreement. The parties hereto agree to share equally in the
costs of said "as built" survey.
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7. The provisions of this Agreement shall be binding upon,
and shall inure to the benefit of, the parties hereto, their
respective heirs, representatives, successors and assigns, and
shall run with the land.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands as of the day and year first above written.
STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
The fore oinq instrument as acknowledged before me this
174- day of BqL+ 199"y Elizabeth Foster Prince, a
widow not remartied.
Ell
Notary Publi ■ ■
dr k CHniSTI C. OYSART
NOTARY PALIC-UNNESaTA
STATE OF MINNESOTA) f'°""J'0, 3''a00
)SS ' ■
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
'i/ -"day of s , 1995, by William E. Bryson II and Thelma
L. Bryson, hushfind and wife. ---
Notary Public
if.---
NotaryPublic
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This instrument drafted by:
William X. Wangensteen
Attorney at Lav
900 E. Wayzata Blvd.
Wayzata, !W 55391
12009 West Hilloway Road
Minnetonka, Minnesota 55305
October 23, 1995
Mr. Stephen Weckman
On -Site Systems Manager
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323-0066
Re: On-site System, 660/670 Big Island
Dear Mr. Weckman;
In accordance with the condition on your approval of the design
for the reference system dated 6/29/95, a copy of the "Septic
System Construction, Easement, and Maintenance Agreement" dated
8-21-95, and executed by the two property owners, is enclosed
together with a copy of an as -built survey of the installed
system by McCoombs Frank Roos Associates, Inc. dated 9/29/95.
The survey is an attachmen, to the Agreement.
We trust that this submittal satisfies the condition of the
approval and ask that receipt be acknowledged by signature to a
copy of this cover letter.
Thank you for your consideration.
very truly yours,
`�u.;wl
Mason C. Myer
enc: Agreement 6/29/95
Survey 9/29/95
cc: W. Bryson Listed a closures received:
E. Prince /
By:
Position: ,
file: sepsys Date: (�L% ?'