HomeMy WebLinkAbout1989-01-27 Perpetual Sewer Easement.4-1W.4 - 1:1 " �
THIS INDBNTORB, made this 2 day of , /a �curyr�l ,
19, between da-,& (�[g.r. , U„_�/•y..<fL�s �11(�� i. `
of the County of and-�u a State of
(hereinafter re erre to as "Owner"), for themselves, their 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").
N I T N B S S B 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 r:.r•,c `rees, brush, grass and dirt and other
structures therefrom, to construct, maintain, repair and use sanitary
�y yIlsewers (hereinafter referred to as "Public Improvements") and to enter upon
l 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 sod 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.
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, successors and assigns.
The Owners convenant that they are the record fee 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.
Page 1 of 2
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
./.
- 610NOW10 14A
STATE OF MINNESOTA ss. 16WNW
v=4ftIp1i�N Y
COUNTY OF HENNEPIN )
�The foregoing instrument was acknowledged before me this day of
y����V,j, 198f, by024Qi a-->�C4
an—d T ,' to me known to be the persona described
in, and who executed the foregoing instrument, and acknowledged that they
executed the same as their free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
This Instrument Drafted By:
Popham, Haik, Schnobrich, Kaufman & Doty, Ltd.
3300 Piper Jaffray Tower
222 Ninth Street South
Minnneapolis, MN 55402
Page 2 of 2
■
=�;dy
.Se:evelc
A permanent easement for -&rii2i- purposes over, under and across the easterly
15 feet of Lots 2 and 3, block 1, Maxwell's Addition to the Crystal Bay, Lake
Minnetonka Addition.
EXHIBIT A