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Home My WebLink AboutEasement Agreement 687894560 9 y 45 EASEMENT AGREEMENT THIS AGREEMENT, make this)-3�day of 1997, between James R. Jundt and Mary Joann Jundt, husband and wife ("Owner") and the City of Orono, a Minnesota municipal corporation („ City„). 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: AGREEMENTS 1. _Grant 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, reconstructing, 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. Liabili1v 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 invitdes. 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. Owner 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, successors and assigns of the Owner. The covenants, agreements and easements contained herein shall be deemed to run with, burden and benefit the Property. b. 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 been 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 Owner'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 ames R. Jundt Mary JVanOundt Oy Aw4� !'iF��iV ice• _ DEPUTY n.Atf STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 2 day of J 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. Notary Pu lic =0.GREGORY M No STATE OF MINNESOTA23t.40DD ss COUNTY OF HENNEPIN ) The foregoing instrument was'acknowledged before me this R ( day of 1997, by James R. Jundt and Mary Joann Jundt, husband and wife. rk Notary Public This Instrument was Drafted By: ,'Hinshaw & Culbertson 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-4800 nr cc n,Cy Modo.?ie-K THOMAS h9LCRPOSBY JR. `,��t hors .1 aukNEsoTA s 2000 -------------- ----------- y THOMAS M, CROSBY. JR. NOTARY POOLIC MINNESOTA MYCOmmissEA fi*MSJug.91 2000 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. Notary Pu lic GREGORYA. GAFrwifu AA WWI PINNCOIJRiY STATE OF MINNESOTA } �!j►t�Ommtssi� FxprresJaa 8t.40oD ss COUNTY OF HENNEPIN ) " The foregoing instrument was -acknowledged before me thisa`{ day of 1997, by James R. Jundt and Mary Joann Jundt, husband and wife. Notary Public This Instrument was Drafted By: Aq1inshaw & Culbertson 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-4800 Al oL-nCy Cl oALL i,-,K THOMAS M. CROSBY My Cor..n, JR ESO1 THOMAS M. CROSBY. JR. NOTARY PUSUC MINNESOTA R/C0MM'SSbM FxplresJaa.91 2000 Exhibit A r vfl 1 � N N M M 1 lt-1, DFSrRIEfrIQ11 C1r PR^11574Z SjMVFY,t-- ir;ts 5 and h. Rearrangement of Orono Point; Also: that art of U L!j 9 and 10, Rearrangement of Orono Point and the accretions thereto lying Southerly and Easterly of the follow- ing deacri.ted ling: Camarncing at a point in the centerline of Cer.ter A•,enuF 588.95 feet rortherly from the Nr rthweaterly corner Of Lot S, Rearrangement of Orono Point; thtnr:•t southerly along osaid centr;rlirit a distance of 5 feet; thence southwesterly an a Langentin.l curve to the right wit:c a radius of 221.17 feet a dis- thn(_ of ?59,34 f,-tt„ the;ftct' MenithL tr"rly t.h�t,!�!rt t^ f`jd lea=. �1 rde3cribr--d curve a dietance of 5 feet; thence southwesterly on +, `�' th Zs ritih 1 e;urve to the right a radius of 44.5.71 feet a dLnt+�Lnce 1 0! 119.25 fttT; thence couthueattrly tangent to said last de- r ecritY;d rhlrvt a distance of 107.3 feet; thence westerly making an angle of 44 degrree 42 minutes to the right a distance of 79.3 feet to the chore of Lake hinnetonka rind there terminating; aub- ject to Border Avenue as opened by Documtnt no 2092886; Also that past of vacated Center Avenut as amid Center Avenue was dedicated to the Public in the plat of Rearrangement of Orono Point, lying southerly of the westerly extension of the northerly line of Lot 4, said Rearrangement of Orono Point and northerly of ri line drsun wcaterly pert-:ndiculhr to the west lint of said Uit 4 from a poin , on aa.irl wa3t line; distant 182.29 feet nr;rthhrly from the southwest corner of said Lot 4; also that part of the westerly half of vhr;atFd rxntrr Avenue lying southerly of said above da- ocribed p. rlx:ndicula.r line; and also that i trt of the westerly half of vacated Center Avenue lying northerly of the westerly ex- tension of the northerly line; of said Lot *4 and lying southerly of a lint ;.drawn easterly at right angles ko the westerly lint of said vacated Center Avenue from the point of intersection of said west- erly line uith a line drawn 10 feet easterly of the following dF- acribrd line: CommenciDz at a point in the centerline of said Cen- ter Avenue distant 588.95 feet northerly from the northwesterly corner of maid Lot 5; thenco southerly along said centerline a distance of 5 feet to the point of beginning of the line being de- scribed; thence southwesterly along a tangential curve to the right With a radius of 221.17 feet a. diatancr_ of 169.38 feet, and said line- thee;; ending. .*4 Also That Fart of vacated Border Avenue as laid out and dedicated over and across Pert of Lot 9 in said Rearrangement of Orono Point which lien between the weaterly line of said Grater Avenue and a line drawn drawn across said Border Avenue at right angles to the aide linen of said Border Avenue from the point of intersection of the centerline of acid Border Avenue with a line described an fol- loua: Beginning at a point in the eentorlino of acid Center Av- enue distant 588.95 feet northerly of the northwest corner of said Lot 5: thence southerly along the centerline of said Center Avenue a distance of 5 feet; tbenee aoutherly and southwesterly along a tangential curve to the. right with a radios of 221.17 feet a dis- tance of 169.38 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 aouthweaterl;_+ =Sent to last said curve a distance of 107.30 feet; t;lence couthweaterly along a tangential curve to the left with a radius of 56 feet a.diataree of 19.7 feet; thence southerly tangent to last said curve a diatsnce of 6.8 ftet; thence southerly along a tangential carve to the left with a radius of 169.7 feet a distance of 53.9 feet; thence sa;th- 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 Lo its interaection'With the centerline of said Bor- der Avenu.-, and acid line tfierc ending. d� EXHIBIT B i A twenty (20) foot wide corridor centered on the following described Line A; commencing at the / intersection of the centerline of B racketts 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 I 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. Also 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 Iot line a distance of 16.21 feet to 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 corner 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 distance 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. i i G C-r 1 da } LO SJ Cr CID an t; n- rl_ t� , Cokick Co Co Co C7� I-D kD fts �Q� CJJ CL [ L CL a_ CL. CL dr '�X: C3 C-r 0 STATE OF MINNESOTA, COUNTY OF HENNEPIN Certified to be a trie am copy of the original on file air; of a;oomJ n my,office MAR 0 7 2018 Mae nty Recorder Qy Deputy