HomeMy WebLinkAbout1995-08-21 Septic System AgreementSEPTIC SYSTEM CONSTRUCTION, EASEMENT AND
MAINTENANCE AGREEMENT
THIS AGREEMENT, made as of this 7-1' day of lfE��AST, 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 Parce_) 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 cots,
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
maintenance 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 tj 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 tL; 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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4. The parties agree to share equally in the cost of all
maintenance 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 tj 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.
Ebe bh Fosse ince
F ig 4" e .
William E. Bryson i
Thelma L. Brys n
STATE. OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
The forecloing.instrument as acknowledged before me this
174 -day of L)5 -r 1995 y Elizabeth Foster Prince, a
widow not reinartied.
r—
Notary Pub Ii �N�N •
Cp,,M�TI C. DYSAAT
1
14J1AAV rueUC•tlIYNESOTA
STATE OF MINNESOTA) `'«o.tt•NAm 31 M
■
SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
_'day of Fri .n;T 1995, by William E. Bryson II and Thelma
L. Bryson, hus nd and wife.-
;=K
ife.-P=K Notary Pub 1 i c
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This instrument drafted by:
William K. Wangensteen
Attorney at Law
900 E. Wayzata Blvd.
Wayzata, Nod 55391