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HomeMy WebLinkAbout5601516 Road & Utilities EasementT 5601516 ROAD AND UTILITIES EASEMENT THIS INDENTURE, made this �g Aucru s t , 19 89 , by and Wayzata Count2: ('lub a Minnesota corporation. referred :o as 'Grantor(s)", and the City of Orono, corporation, under the laws of the State of Minnesota, referred to as "Grantee". day of between hereinafter a municipal hereinafter WIIN`ESSETH, that Grantor (s) , in consideration of the sum of One Dollar ($1.00)and for other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor (s), does) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, an easement for for public ingress, egress, access, road and utilities purposes and uses, on, across and under the land in the County of Hennepin and State of Minnesota, as follows: Outlot B, Hauser Lauer WCC Addition including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, operate, and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road and any and all appurtenances including drainage control structures, incidental and related thereto, (such are hereafter collectively referred to as the Improvement) , and the Grantee shall have the right to make such use of said land as is reasonably necessary and advisable to the construction installation, maintenance, operation and repair of the Improvement. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns, permanently. The Grantor(s) herein certify that the lands herein described are free and clear of all encumbrances except: as described on Exhibit A attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, said Grantor (s) have set their hand (s) on the day and year first above written. 11 AND PRIOR TAXIES PAID oEP1. Of PROPERTY E'NTFiRED aWORDS TRANSKR Nov 30 91 HFNN PIN COUNT! MIN". DEPUTY Wayzata Country Club S STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing was acknowledged before me this C� D day of August, 1989, by _,70,y.E/ /f. FFARI r the ,44Lcr/DEA/T of Wayzata Country Club, a corporation under the laws of Minnesota, on behalf of the corporation, Ec.: YNANNE HAUGEN ODjRY, PU@UC"AUNNESO(A HENNEPIN COUNTY NO ar Public y M.oaverw,o.o. STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing w s.acknowled"d before me this day of Au ust. 1989. by ��� �_, �Y���- — the r :x of Wayzata Country Club, a corporation under-- he laws of Minnesota, on behalf of the corporation. STATE DEED TAX DUE HEREON: This Instrument was drafted by: FREDRIKSON & BYRON, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402 Y Al a Notar Public a /r NOOM1�11�• COIN W ►M tflt�t�11 rm EXHIBIT A A. Mortgage dated June 16, 1989, by Grantor in favor of The Bank Wayzata, National Association filed June 20, 1989, as Document No. 5546217 in the office of the Hennepin County Recorder. B. Easement contained in that certain Trustee's Deed dated April 2, 1956, and filed April 26, 1956, as Document No. 3003391 in the office of the Hennepin County Recorder. C. Gas Pipeline Easement in favor of Minneapolis Gas Company as created in Document No. 4337043 filed in the office of the Hennepin County Recorder. D. Restrictions, reservations and covenants contained in that certain Declaration dated and filed in the office of the Hennepin County Recorder as Document No. 4388r 45 CONSENT OF MORTGAGEE The undersigned, the mortgagee under that certain Mortgage dated the 16th day June, 1989, and filed the 20th day of June, 1989, as Document No. 5546217, does hereby consent to the foregoing Agreement and agrees to be bound by the terms thereof and agrees that its interest in Outlot B, Hauser Lauer WCC Addition, Hennepin County, Minnesota shall be subordinate to the easement granted herein. The consent hereby given shall in no way operate as consent to any subsequent alteration or modification of the Agreement. THE BANK WAYZATA, NATIONAL ASSOCIATION By: Rlt G�✓�C .c liJ I t s: / J i STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) bThe foregoing instrument w s acknowle ged before me this a$ day of August, 1989, by ��44er- q• Rive, 0xa+', and . F1 f-rA i the U%*Gt_ Prr-e1 dMand Ck*%1' i4e e &eQ&f The Bank Wayzata, National Association a National Association on behalf of the National Association. CARLA K. MARTHALER x NOTARY PUBLIC—MINNESOP ��{1y HENNEPIN COUNTY My Commission Expires June 18, 1995 x x THIS INSTRUMENT WAS DRAFTED BY: Fredrikson & Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402 4391r Notary Public Ia �f(�151G `e 30NOV8915:29 B5601516 DOC $10.00 F)FFICE (IF COUNTY RECOROER ! :.1'NEFIN CQU!r1 Y, NINNCSO U, �^ 89 N'GV 30 P11 3: 28 �� Sz