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HomeMy WebLinkAboutEasement 1878490.. , JCT ~ lS8l ~.1.P\l~- EASEMENT .,,,.___,,,__.. ____ oEPUTt THIS AGREEMENT made ~ k , 19.!ft::;by and between Paul W, and : irglnia L, Boyke, husband and wife of the County of Hennepin, State of Minnesota, · 1GRANTOR11 )1 and Minnegasco, Inc,, 201 South 7th Street, Minneapolis, Minnesota, >.5402 a Minnesota corporation, ("GRANTEE"). 1. GRAHTOR, in consideration of the sum oi One Dollar ($1.00) and other good Jnd valuable consideration to GRANTOR from GRANTEE, receipt of which is .,cknowledged, ~rants to GRANTEE, its successors and assigns, forever, an easement at .JI times to lay I constrnct, inspect, protect, operate, maintain, alter, abandon, relocate, :·eplace, substitute and remove gas transmission or distribution pipelines or pipeline iacilities ("gas facilities") and appurtenances thereto in, under and upon the ; )1lowing described property ("property") in the City of Orono, County of Hennepin, State of Minnesota: 00 0 -< :0 CJ p,) :;) liE CJ ) c-: =c., :::J ~) c: ::;· '"-\ -i; ,:-::-=-· g --~;.[: ; .·,; ~ ~ The easement is described as follows: All of Tract J, Registered Land Survey No, 1031, Files of Registrar of Titles, in and for sald Hennepin County g ;:j 2. 8 &. f::5 ~~~(as shown on the attached Drawing which ls incorporated by reference.) 8. ~-> ; ,:'"; ~ . ::::1 ct: $ ~ .g ~ !' ~ ,f This grant of an easement shall include the right of GRANTEE to ingress and egress to :s Ci ::i: and from GRANTOR's (or its successors and assigns) property for the purpose of excavating, laying, constructing, inspecting, protecting, operating, maintaining, altering, relocating, repairing, replacing, substituting and removing the property of GRANTEE, together with the privilege of temporarily placing tools, equipment, material and dirt on che abutting pr-:iperty for the above listed purposes. GRANTEE also shall have the right co place signs and markers on the property as required by law or necessary in the judgment of Minnegasco to protect tht: interest of the public or property owner or to notify them of GRANTEE's easement, or gas iaclllties. 2. GRANT OR promises and warrants that it has legal and fee tl tie to the above described premises and has the right, without title restriction, to execute and deliver this instrument. -• CRANTOR agrees that it wlll not Interfere with GRANTEE's operation o! its 01 t. :::llltic-s or GRANTEE's easement rights, GRANTOR agrees that the premises shall 1: Jt : = encroached upon by f11llng, excavation, erection of bulldlngs or permanent c .1cio: Jres ,,h!ch would interfere with the gas facilities located therein or which would c :her· .. ise obst,uct access thereto ln any manner whatsoever; provided, however, that CR,-\ I\ r OR shall have the right to use the surface of the premises for gardens, shrubs, kndsc:1ping, curbing, gutters, sidewalks and paving, if such use by GRANTOR does not i:.terf.;re with the rights given by GRANTOR to GRANTEE to use the premises for the ~ Jrpo~ es expressed ln this easement. GRANTEE may remove any encroachments of C RA/'-, TOR on GRANTEE's easement and GRANT OR will be responsible for bearing the C·)St of any such removal, GRANTOR also agrees that other future utilities shall not be located within the easement without the advance written consent of GRANTEE, wluch consent shall not be unreasonably withheld. 4. GRANTOR will notify GRANTEE 7 days in advance of any excavating, drilling, blastir;g or similar activity to be conducted in the easement or within 10 feet thereof by G RANTOR, its agents or employees so that GRANTEE may provide GRANT OR with the sr,ecific location of the gas facilities and to allow GRANTEE to take whatever steps are necessary to protect the gas facilities 5, GRANTEE agrees to bury all pipe associated with the gas facilities to a sufficient depth to prevent Interference with the surface of the ground. GRANTEE shall at all tlmes exercise due care and diligence to avoid injury or damage to buildings, and other personal property of the GRANTOR, and the GRANTEE shall indemnify the GRANTOR from any damage or loss arising or occurring to such property solely by reason of the operation, maintenance, relocation, replacement, substitution or removal of said gas facilities. 6. In the event that use of the gas facllitles ls at any time discontinued by ;:: ~AN'CEE, GRANTEE shall have the right, but not the duty, to enter upon the premises .:1, d re.nove all or any portion of the gas facilities and appurtenances which have been pllced on the premises by GRANTEE. 7, The terms and provisions of this instrument shall run with the land and shall extend to and be binding upon GRANTOR, GRANTOR's heirs, legal representatives, successors, and assigns. 2 .. , -----·· •· ,. r i ' r. \r ~ r- ------ s·1·ArE OF ) _ .... M ... I...,NN.,..E,...S_..O-"-'IA....__ ___ _ ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this-~ day of Ocfobu;- 1~:-1::J_, by Paul vi. anJ Vir lnia L. Do ke s·:'ATE OF MINNESOTA) ) ss C)UNTY OF HENNEPIN) ~ LAJ:rr;__ GR~ ~;N~:e~ Its: Vice President The lorego~-instrument w::::cknowledged before me this 71/-day of 0i5C , 1 ~-f 1 , by l£..c,ti:v{.J {!,_ ci!_~ , Vice President o~ Mlnn<!gasco, Inc., a Minnesota corporation, on behalf of the corporation. ,._ fl::i ITTOh COUNTRY RECORDER P: ,,u;'-ma/t ,his doc1Jt0011t 1ubtequent le '-&-c;.,rding .o: G'tevtt '.-on B~ t~alE~ :.tin~lnc. P.O. Box 1165 Min~, MN 5544()-1165 THIS INSTRUMENT WAS DRAFTED BY MINNEGASCO, IN~, 201 South Seventh Street, Minneapols, Minnesota 55402 3 :'· >)':::·t::, .. ~1;!1~~;fl}E?tf}t.:Y ..... "\F; ''. : · · .. -"-'.Mt: ."1't ~-~-tJ<ic~~Jr!l•.,;1j£i~~~Jml:·~.Q'.\~~-,1~; .. -. ... , ___ _ :: r ZZ: < . -=-.:::;::> . • .. .. "' .. .. z l&I l&.I a: 0 .::. a 1·.!JH.rl v >lit( -. 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