HomeMy WebLinkAbout01-14-1998 Easement Agreement:AIWA II 1400 BRACKE11S
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THIS AGREEMENT, make this 9 T day of JLj-J,1997, between James R. Jundt and Mary
Joann Jundt, husband and wife ("Owner") and the City of Orono, a Minnesota municipal corporation
("City").
90 X V9/ RECITALS:
A. Owner is the holder of the fee simple interest in property located in Hennepin
County, Minnesota, and legally described on Exhibit A attached hereto and made a
part hereof (the "Property").
B. The City desires certain easements for the purposes hereafter set forth, and Owner
has agreed to grant such easements upon the terms and conditions contained herein.
HOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration given to Owner by the City, the receipt and sufficiency of which is
acknowledged, it is agreed:
1. Qrant of Easements. Owner hereby grants to the City for the benefit of the public,
nonexclusive easement (the "Easement") over, across and upon that portion of the Property legally
described on Exhibit B attached hereto and made a part hereof (the "Easement Area") for the
purposes of constructing, reconstr ting, maintaining, repairing and use of a sanitary sewer system
and all appurtenances thereto, including, without limitation, signage (hereinafter referred to as
"Public Improvement"). The Easement shall exist so long as the City uses the Easement Area for
the Public Improvement. Upon cessation of such use by the City, the City's rights herein shall
terminate.
2. Maintenance. At the request of Owner the City shall maintain at its own expense the
Easement Area. Said maintenance obligation shall include, without limitation, keeping the same in
good and safe condition for the purpose granted herein and reasonably free and clear of foreign
objects, debris and obstructions.
3. Liability and Indemnification: insurance. The City hereby agrees to indemnify and
save the Owner harmless from and against any and all suits, demands, liabilities, costs and other
expenses, including reasonable attorneys' fees, incurred in connection with or arising out of the use
of the Easement Area by the City, its contractors and agents or the general public for the purposes
granted herein, excluding, however, from such indemnity any loss resulting from acts of Owner and
his invitees. The City shall be responsible for obtaining and maintaining public liability insurance
over the Easement Area in such limits as City, in its sole discretion, deems reasonable and sufficient.
4. Owner's Covenants. Owner covenants and agrees that:
a. The Easement Area shall not be encroached upon by fill, excavation, paving
or concrete, erection of buildings or permanent enclosures, fences or walls, or other
obstruction by Owner which would interfere with, or which would otherwise obstruct access
to the Public Improvement in any manner by Owner.
b. O%%mer has the lawful right and authority, without restriction, to convey the
easements as herein granted, that the Easement Area is not subject to any other interest other
than the interests of Owner.
C. The Easement Area is embraced wholly within the Property.
5. Binding Effect. The terms, provisions and easements provided herein shall inure to
the benefit of and be binding upon the heirs, legal representatives, .acccssors and assigns of the
Owner. The covenants, agreeu:ents and easements contained herein shall be deemed to run with,
burden and benefit the Property.
6. Termination of Easements. In the event that use of the Easement Area is at anytime
discontinued by the City, the- City shall have the right, but not the duty, to enter further upon the
Easement Area and remove all or any portion within one year of such discontinuance of the Public
Improvement which has I>een placed upon, over or under the Easement Area.
7. Relocation of Easement. Owner may, at Owner's expense, at any time relocate, all
or any portion of the Easement on all or any portion of O%%ner's Property which relocation shall be
subject to the approval of the City. Upon any such relocation the City shall vacate the Easement
Area no longer utilized and the Owner shall grant an Easement on that portion of the Property upon
which the relocated Easement exists.
IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first
above written, subject to all of the terms and conditions herein set forth.
CITY OF ORONO OWNER
W.N%EPIN COUNTY TA.•.%A` ;
JAN 14 1998
ames R..;:lndt
ut"t" ""' ,
Ma o undt
STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
1997, by Gabriel Jabbour and Dorothy M. Hallin, the Mayor and City Clerk, respectively, of the
City of Orono, a Minnesota municipal corporation, who executed this Agreement and
acknowledged that they executed the same on behalf of the City of Orono.
6
Notary Pu is
Ormw IL VM40
�
OWNOOM
STATE OF MINNESOTA ) I�ro�ww6�Jr:�
ss
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me thisol"L day of
1997, by James R. Jundt and Mary Joann Jundt, husband and wife.
This Instrument was Dratted By:
,XMnshaw & Culbertson
3300 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 15402
(612)333-4800
ti c,ney Ckd�_ ie K
Notary Public
' "'I T143%51.1 CROSBY JR.
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Exhibit A
lnts ; and o. Rearranz!`eaL of Orono Point; j
Also: tl,at Fart r,; Lr,ts 9 and 10, Rearrangtaaent of Orono Point and
the accretions thtreto lying Southerly and lastcrly of the fellow-
inR deserib-d line: Cur tneing at a print in the centerline of
rAr.ttr Aver._: ;89.95 feet northerly from the Northwesterly corner
of Lnt 5. kearrartgtmtnt of Orono Point; thtnce southerly alring
O skid tenttrlin a distant of 5 feet; thence eouthwesterly on a
tangttttlel r:urve tri the right wit', t radius of 221.17 feet a dic-
� Lnnr-,e n! rg4,;1.4 feet.; th9•r. e�llthtte►,T►rty T.anQ?rT• t^ raid le 1'.
�. rleJrr _f:•;,l ,;ur-,e a distance of 5 feet; thence southwesterly on a
tei¢entiel t;urve to the richt a radius of 445.72 feet a distance
I o! feet; th-;nce southwesterly tangent to said last de-
ecri'_ d r.urv': a dietaact of 107.3 feet: tht:nct westerly taking an
ns male of 44 degret:s 42 tainutes to the right a distance of 79.3
fe.t to the chore of LAka tlinnetonka and there terminatinn. eut,-
ject tr, [:order Avenue as oy.•ned by Liniment Me. 2092$85;
Also that 1 -art of vacated Center Avenue as said Center Avenue was
dedicated t6 the public in the plat of Reerrangeaent of Orono
Point, lying southerly of the westerly entneion of the northerly
line of Lot 4, maid Rearrengcnent of Orono Point and northerly of
e line drewe, wcettrly wi-tnditntlar to the west Lias of said frit 4
from a yilnt on said west line distant 152.29 feet northerly fm
the southutz% corner of eeld Int 4; also that pert of the westerly
half eif vat:ated G ntar Avenue lying southerly of said above de-
ocrlbtd per;--ndicular lint: and also th&t tart of the westerly
half of var:+.,trd Center Avenue lying northerly of the westerly ex-
tension of tl,e northerly line of said Lot '4 and lyinr southerly of
a line drawn eeaterly at rishS angle3 ho the wtattrly line of said
vacated Center Avenue from this point of intersection of maid west-
erly lint with a line drawn 10 feet easterly of the following de-
acribed line: Cocpneing at a point in the centerline of said Can-
ter Avenue distant 586.95 feet northerly frog the northwesterly
corner of said Got 5; thence southerly along said conterlins n -
dietance of 5 feet to the point of beginning of the line Bing de-
acribed: thence aauthweaterly along a tangential curve to the
right with a radius of 221.17 feet a distance of 169.38 feet, and
said lint: there ending.
Also
litat tort of vacated Border Avenue as laid out and dedicated over
and across past of Lot 9 in -fid Rearrsnaemtnt of Orono Point
which lies between the westerly line of said 0enter Avenue and a
line drawn drawn across said Border Avenue at right angles to the
aide lineo of said Border Avenue from the mint of intersection of
the centerline of said Border Avenue with a line described as lot -
Iowa: Beginning at a point in the centerline of said Center Av-
enue distant 568.95 feet northerly of the northwest corner of said
Lot 5: thence southerly along the centerline of said Center Avenue
a distance of 5 feet; thence southerly and southwesterly along a
tangential curve to the right with a radius of 221.17 feet a dis-
tance of 169.36 feet: thence southwesterly tangent to last said
curve a distance of 5 feet; thence southwesterly along a tangen-
tial curve to the right with a radius of 445.72 feet a distance of
119.25 feet; thence southwesterly t usent to last said curve a
distance of 107.30 feet; thence eouthwesterly along a tangential
ru've to the left with a radius of 56 feet a distance of 19.7
feet; thence southerly tangent to last said ct-ve a distance of
6.8 feet; thence southerly along a tangential curve to the left
with a radius of 169.7 feet a distance of 53.9 feet; thence ea :h-
erly tangent to last described curve a distance of 20.5 feet;
thence southerly on a tangential curve to the left with a radius
of 78.1 feet to its intersection with the centerline o1 said For-
dtr Avenue, and said line the." ending.,. .•
EXHIBIT B
A twenty (20) foot wide corridor centered on the following described Line A; commencing at the
intersection of the centerline of Bracketts Point Road and the southerly lot line of the Property;
thence north on an assumed bearing of north 27°59'58" west a distance of 206.50 feet; thence
northwesterly on an assumed bearing of north 39°37'25" west a distance of 329.47 feet; thence
northwesterly on an assumed bearing of north 43038'14" west a distance of 95.16 feet; thence
northerly on an assumed bearing of north 03°50'45" west a distance of 294.91 feet and thus
terminating.
A No a twenty (20) foot wide corridor centered on the following described Line B; commencing
at the most northwesterly corner of the Property; thence easterly along north lot line a distance of
16.21 feet !o the point of beginning of Line B; thence southerly on an assumed bearing of south
10°36'05" east a distance of 237.52 feet; thence southerly on an assumed bearing of south
11°20'24" east a distance of 302.75 feet and thus terminating.
Also a twenty (20) foot wide corridor centered on the following described Line C; commencing
at the most northwesterly comer of the Property; thence east along north lot line a distance of
16.21 feet; thence southerly along an assumed bearing of south 10°36'05" east a distarce of
237.52 feet to the point of beginning of Line C; thence southwesterly on an assumed bearing of
south 56°56'39" west a distance of 331.76 feet and thus terminating.