HomeMy WebLinkAbout1990-03-02 Drainage EasementDRAINAGE EASE14ENT
THIS INDENTURE, made this ;L day of , 19&01
between E]cw,*,4b J. * GEUA ✓. 7o'7'41 of the
County of Hennepin and the State of Minnesota, on behalf of
themselves, their heirs, successors and assigns, (hereinafter referred
to as Owner), 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 Dolla_ ($1.00) and
other good and valuable consideration to Owner in hand paid by the
City, the receipt and sufficiency whereof is nereby acknowledged, does
grant, bargain, quit claim and convey unto the City, forever, the
following perpetual drainage easement over and under and across
property located in the County of Hennepin and the State of Minnesota,
and legally described in Exhibit A attached hereto, (hereinafter
described as Land):
Said easement Includes the free right of the City or its
agents to enter upon, under and over said Land, to remove trees,
brush, grass and dirt and other structures therefrom and to construct,
maintain, repair, reconstruct and use drainageways and other
improvements related thereto, and to enter upon said easement for the
purpose of inspecting, repairing, rimoving and reconstrrcting such
facilities. The City shall return the area it disturbs to grade and
seed the same and replace the surface soil with the original type
material.
The Owne. agrees to the following:
A. No trees, shrubs or other vegetation shall be destroyed,
cut or removed from the Land except as authorized by written
consent of City.
B. No earth, loam, peat, gravel, soil or any other natural
material or substance shall be moved or removed from the
Land and there shall be no dredging or excavation of any
nature whatsoever or any change of the topography of the
Land without the written consent of City.
C. No soil, sand, gravel, or other substance or material as
landfill shall he placed, dumped or stored upon the Land and
no waste, trasY garbage shall be placed, dumped or stored
upon the Land.
D. No use shall be made of the Land except uses, if any,
whicn will not change or alter the natural condition of the
Land, and no use which would tend to change the drainage,
flood control, water conservation, erosi ,n control, soil
conservation, fish and wildlife nabita characteristics
shall be made of the Land or the water situated thereon.
Page 1 of 2
Owners herein do hereby remiss, release, acqjit and forever
discharge, forever, the City and any and all of its officers and
employees of and from any and all claims, demands or causes of action
of any kind or nature whatsoever which may arise or accrue by virture
of any flowage or trespass with water.
Owners do not intend that the public should have any
interest in the abov3 Land by virture of this indenture or otherwise,
except as hereinabove set forth.
The Owner does covenant that the owner is in possession of
the above described property and easement and has lawful right and
authority to convey and grant the easement herein granted.
State Deed Tax Due Hereon: Exempt
IN TESTIMONY WHEREOF, Owner has hereunto set owner's hands
the day and year first above written.
ye
STATE OF MINNESOTA )
) sq.
COUNTY OF HENNEPIN )
On this
a E�►�a �rJy'
?nd day of _
a�gblic �+ithin and for
erda V. Totli
March , 19990 before me
said county, personally appeared
known to me to be the person(s)
des(-r'bed in and who executed
the foregoing instrument,
and
acknowled-ed
and deed.
that he (they) executed
the same as his (their)
free act
NOTARY PLM,IC
V AA
! CAROL J A.P: NY; AARD
January 5, 1994 , 4 t `La NOW' PL&4-_wWtiOiA
M'' COMMISSION EXPI - Mycamn b:aesL 5, 1*4
Y W�'JW
Page 2 of 2
DRAINAGE EASEMENT
1.4..UJ L.Ja R
Legal Descriptions of Drainage Easements:
The following portions of Lot 12, Block 1, Farview, Hennepin
County, t nesota:
A. The Yiorth 10 fant- of said Lot 12; and
B. The west 25 feet of the east 100 feet of the north 200 feet
of said Lot 12; and
'the following described land:
Beginning at the northeast corner of said Lot 12, thence
south a distance of 200' along the east lot line of said Lot
12, thence west a distance of 100' to the actual point of
beginning; thence northwesterly to a point in the west line
of said Lot 12 distant 40 feet south of the northwest corner
of said Lot 12; thence north 40 feet to the northwest corner
of said Lot 12; thence southeasterly to a point 40 feet
north from the po{nt of beginning; thence 40 feet south to
the point of beginning; and
D. The following described land:
Beginning at a point on the north line of said Lot 12
distant 75 feet west from the northeast corner thereof;
thence south 45 feet; thence northeasterly to a point on the
north line of said Lot 12 distant 55 feet west of the
northeast corner thereof; thence west to the point of
beginning.
DRAINAGE AND UTILITIES EASE14MM
THIS INDENTURE, made this ;t Jf day of 19Ye), by
and between 45� 4;,4h d 4 4k4M V TvTy
hereinafter referred to as "Grantor(s)", and the City of Orono, a
municipal corporation, under the laws of the State of Minnesota,
hereinafter referred to as "Grantee".
WITNESSETH, 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), do(es)
hereby grant, bargain, sell and convey to grantee, its successors and
assigns, a perpetual easement for drainage purposes and for
construction and maintenance of utilities, together with ingress,
egress and access thereto, on, across and under the land in the County
of Hennepin and State of Minnesota, as follows:
The east 10 feet of Lot 12, Block 1, Farview, Hennepin County,
Minnesota
The Owner does covenant that the owner is in possession of
the above described property and easement and has lawfull right and
authority to convey and grant the easement herein granted.
State Deed Tax Due Hereon: Exempt
IN TESTIMONY WHEREOF, Owner has hereunto set owner's hands
the day and year first above written.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 2nd day of March , 1990 before me
a Notary Public within and for said county, personally appear4
Edward J. and Rerda V. Toth known to me to be the person(si
described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act
and deed.
NOTARY PUBLIC I1&&VAM&NW
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� � CAPOL J=RPM PIYCA1R0
January 5, 1994 { NOTARY aunt-r��t�r.esora
MY COMMISSION EXPIRES MjV- 5,
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