HomeMy WebLinkAbout1985-08-05 Easement AgreementEASEMENT AGREEMENT
City Form 1985-1
THIS INDENTURE, made this ,) day of , 1985,
between Alexander J. JentilucCi and Dianne.TfF.Je tilucci, husband
and wife, of toe County of 16.::.1- . and the State
of (' , (herein ter re erre to as 'owner'), for
themse ves, t eir heirs, successors and assigns, and the City of
Orono, a municipal corporation under the laws of the State of
Minnesota (hereinafter referred to as 'City').
W I T N E S S E T H:
Owner, in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration to Owner in hand paid by the
City, the receipt and sufficiency whereof is hereby acknowledged,
does Grant, Bargain, Quitclaim, and Convey unto the City, forever,
the following perpetual easement over and under and across real
property located in the County of Hennepin and the State of
Minnesota, and legally described in Exhibit A attached hereto
(hereinafter referred to as the 'Easement Parcel').
Said easement includes the free right to enter upon, under
and over the Easement Parcel, to remove trees, brush, grass and
dirt and other structures therefrom, to construct, maintain,
repair and use sanitary sewers and water pipesf manholes, lift and
pump stations, streets, curbs and gutters, drainage ways and other
improvements related thereto (hereinafter referred to as 'Public
Improvements') and to enter upon the Easement Parcel for the
purpose of inspecting, maintaining, repairing, removing and
reconstructing such facilities, including the right to maintain
sufficient quantity of soil over any such underground facilities
required to prevent the freezing of liquids therein. The City
shall return the area it disturbs to grade and seed the same and
replace the surface soil with the original type material, except
in the case of any area to be used for street and other
improvements related thereto.
In exchange for this permanent easement, City agrees to do
the following for the Owner:
1. Remove one small tree within the drainage ditch area
and replace it with a small tree 2 1/2 inches in
diareter.
2. Remove one tree stump within the drainage ditch area.
,. 'ro clean out the ditch located between the Jentilucci
and the Curtiss properties accnrdina to the dis-usslons
between Mr. C,erhardsor. and Mr. Jentilucci.
L. The City w i 1 ) have the currently Lror.ur. t i
c:r. the au.: 1))ay, property removed.
J. Construct the drainage ditch )ank to be at a four
to one slope ratio or such other slope as owner
and City may hereafter agree upon.
4. Resod the ditch bank once the construction and cleaning
work has been completed.
5. City will use its best efforts to attempt to remove a
utility power pole from the west side of the newly
created and defined Briar Street to the east side of
the new Briar Street.
6. The City will use its best efforts and every available
means to have repairs promptly made to the tile
line on the Dayton property to avoid or minimize
any damage to owners property if the line should
break or fail.
Owner agrees that the Easement Parcel shall not be
encroached upon by filling, excavation, erection of buildings or
permanent enclosures, which would interfere with the Public
Improvements or which would otherwise obstruct access thereto in
any manner whatsoever.
In the event that use of the Easement Parcel is at any time
discontinued by the 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 Improvements which have been placed upon,
over or under the Easement Parcel, granted herein, by the City.
The terms and provisions of this instrument shall run with
the premises and shall extend to and be binding upon Owner, its
heirs, personal representatives, succes.ors and assigns.
The Owners covenant that they are the record tee owners of
the Easement Parcel and have legal title thereto and have lawful
right and authority, without restriction, to convey the easement
as herein granted.
State Deed Tax Due Hereon: Exempt
IN TESTIMONY WHEREOF, the owner has caused these presents to
be executed the day and year first above written.
�1
l
Alexander
J.,Oentilucci
ianne VVJentil
(-Cl
-2-
STATE OF MINNESOTA )
COUNTY OF
On this S day of , 1:85, before me
public within an for said co nty, persanall appeared
a notary
Alexander J. Jentilucci and Dianne��,,�,,..<,JEntilucchusband and
wife, to me known to be the persOng—described in, and who executed
the foregoing instrument, and acknowledged that they executed the
same as their free act and deed.
JOtNN R. Ofll`D�
Mr ►yl�y, i
otary Public
This Instrument was Drafted By:
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
4344 IDS Center
Minneapolis, Minnesota 55402
6407f
-3-
Easement No. -,?.-
STATE OF MINNESOTA
SS.
COUNTY OF )
On this day of ,..� «� , I -M, before me, a notary
public within an for said co nty, personally appeared
Alexander J. Jentilucci and Dianne IL$Jentilucci, husband and
wife, to me known to be the perso;ft described in, and who executed
the foregoing instrument, and acknowledged that they executed the
same as their free act and deed.
JONN R. OEIINAII
1 TAl1 004=
C /� ��' JI • /i ��1.r�
M �mNotary Public
This Instrument was Drafted By:
POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD.
4344 IDS Center
Minneapolis, Minnesota 55402
6407f 6407f
-3-
Easement No. 7-
Lot 7 and the south half of Lot 6 on Block 3 of the Crystal Bay
Minnetonka Audition, also, that part of the northeast quarter of
the southwest quarter of Section 10, Township 117, Range 23,
descrioeu as follows: Comcencing at the southwest corner of the
nortneast quarter of the southwest quarter; thence northerly along
the west line of said northeast quarter of the southwest quarter
645.46 feet to the point of beginning; thence continue north along
said line 58.3 feet; thence easterly 208 feet parallel with the
south line of the northeas= quarter of the southwest quarter;
thence southerly parallel with said west line a distance of 58.3
feet; thence, westerly parallel with the south 111,e of the
northeast quarter of the southwest quarter 208 feet to the point
Of beyinning and there terminating.
A permanent easement for utility and street purposes over, under
aria across the above described parcel as descriued below:
Commencing at the southwest corner of the northeast quarter of the
southwest quarter; thence northerly along the west line of said
northeast quarter of the southwest quarter 703.76 feet; thence
easterly 153.83 feet parallel with the south line of the northeast
quarter of the southwest quarter to the point of beginning; thence
continue easterly along said line 54.17 feet; thence southerly
along the east property line 58.3 feet to the southeast corner of
the property; thence westerly along the south property line 45.14
feet; thence northwesterly to the point of beginning.
EXHIBIT A
b40bf 12
7/15/85