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HomeMy WebLinkAboutJundt to Orono sewer esmt. Doc. 6878945EASEMENT AGREENI N I THIS AGREEMENT, make this 2__t day of2W1997, behveen James R. Jundt and Mary Joann Jundt, husband and wife ("Owned') and the City of Orono, a Nlimesota municipalaarporadon (11 jolt. lll)' �� RECITALS: A. Owner is the holder of the fee simple interest in property located in Hennepin County, NGmesota, and legally described on Exhibit A attached hereto and made a part hereof. (the "Property") M 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 whieh is acknowledged, it is agreed: AGREEMENTS I. Grant of asements.. Owner hereby grants to the City for the benefit of the public, nonexclusive easerneat (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, si.gnage (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. Liability and Indemnification: Insurance. The City hereby agrees to indemnify and . save the Owner harmless from and against any and all suits, deinaads, 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 invitees. 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. QvD of 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 mariner 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 Azea is embraced wholly within the Property. 5. _Binding Effect. The terms, provisions and easements provided herein shall sure 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_ 5. Termination oflalaments. 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 hu-ther 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. e ocatio 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 n STATE OF MD4NESOTA ) } Ss COUNTY OF ;;-IENNEP ,lei f ) The foregoing iwt=ent was acknowlcdged before me this �y day of 1997, by Gabriel Jabbour and Dorothy M. Hallir4 the Mayor and City Clerk, respectiv 1y,f of the City of Orono, a V. =esota municipal corporation, who executed this Agreement and acknowledged that they executed the same on behalf of the City of Orono. OA —� 0, Notary Pull 1177ffiir' w .4 �TLVL F�1�)rP�N CQBFIF� STATE OF NDNT ESOTA ) �srttammts fog �E�a �a1<31,� .) ss COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me this,2'( day of 1997, by James R, Jundt and Mary Joann Jundt, husband and wife. This Iustrunient was Drafted By, A' insha-w & Culbertson 3300 Piper Jaf&ay Tou-cr 222 South Noah Street Minneapolis, MN 55402 (612)33343 ti c,-r C _ u tic i� Notary Public Fk THOMAS h4. C1oS6Y JR, NOT:.r pi1G_�' °.11i�NESOiA 1 H{3&fA5 M. CR4S8Y, JA. . . ..-- . . . ��NOTARY Pi aUC R117�N_OTA ki W k+� ErpW dus.31 2ppp e Exhibit A iF�Af,,F�F.��,�`w,,F�]'fnlJ iss PRFIiiS<^� 511gV�Y:.i+� i ir:ts S and h. Rearr"xrW-msnt of Omno Point: A19o: that art Of LoLu 9 and LO, l rrrange.;cent of 0rcno Point and the accretions thmreto lying Southerly and Easterly of the follow- iiw. line: 'Ccsecencirg at a VAnt. in the centerline: of Ginter Avenue; s88.SS f,eL mrthtrly frcft the Narthweeterly corner of Lrit fi, kr.arresli+•em«nt of Oron£, Point, thFnee southerly along C) �' eaid to nLe rlir�e c dtttance of a feet; tMate •rnuthyezter ly on a tnng.:Yctin.l o/,u+ve to the r1rht with a radius of 221.17 feet h dle- thnr_t fj1 2r,5,.A £h,et,, thence wmthim,,terly 1`.tlliyY!r* t'? r!:id trot N N +'� dFs,ribr-d r:urv+; a, dlatarsca 4i 5 feet; thHntn erjuthwett►_rly on a M rr1 IN\ Un P�-.n.ir,l mim- to thh right a raeliva of 44°J.72 ftr.r a dLct}i7t44- E i I of 119.2`', faNt; theme-. aouthweaterly taxs.nt to eaid lapt de - no r enri 4� d r1Irer a riietarlca of 107.3 feat; thtmo we, ateriy taa.Y,ina an rV Ps h: Elh of 44 +K¢p_rera 42 minutes to the right h rlitttnr_•e of 79.3 ' fetE t6 th;z ehore of !&M Mrmetonk& aAd th^:rN to minhti"; nub- 3cct tr., P,order Avenue as opantd try Dotmstnt no. 2092f3M. Aleo that Part of vacated Center Avenue as &,Ad Center Avenue was d.rliraterl to the •f,Qblic in the plat of Re-arr4rigtment a£ Orono Point, lying isoathe,rly of the westerly ext+-neion, of he; northerly lint of trot 4, aaid Rear'rw%omt;nt of Orono Point rend northerly of ,e line: dr•h;.rei westerly P&rr�{:ndie=14r to rhr; wBZt lin, of eaid U.'r. 4 fmm a pArt, or, ci.iel gate lint, diat,n't M.29 feet northerlY from the eoa7hureL cr:rn.r of e&id Lot 4; rslao that part of the: ueeterly half of (Antrr Avcnkie lying e4utho-rly of add above 6t•-- mcribe:rl Tina; and also th,%t Imirt of the westerly halt of vaq.ateel Ctntar Avenue lying northerly of the westerly ez- ttnsion of the,, northerly line; of maid int'4 tmd lyiV aoutherly of a l,ttt, eirtom e•sstarly at right an8lea !to the weatrrly line- of eaid vac&tt d Ginter Avenue from the point of intersection of said vest - early line Witt, a line drawn 10 fe.t easterly of the following dH- ecribr:d line: Comm -sing &t a Point in the: etntrrline of areid Cen- ter Arenur distant 588.9S feet northerly from the rorthuesterly corner of avid lot 5; thassee aouthtrly alorw, eaid centerline a distance of 5 feet to the point of beginning Of the lire: bein8 de- scribed; thane aouthwtatrrly along a trxngentiml curve to the right with a radiva of 221.17 feet h ciiatance of 169.38 feet, and sal.@ line, than- an+lira?. r 1 AIaU That pert of vacated Border Avenue as laid out and dedicated over and acroaa poxt of Lot 9 in said Rearranaemsnt of Orono Point which lice bctwecn the westerly lira of said Center Avenue- and a line dr4un drams across said 8ordet• Avenue at right ar;8les to the aide linen of said Border Avenuc :From the point of intersection of, the cantorlimo of eaid 9ordor Avenue uith a line described ao fol- lauc; 8cainnins3 at a paint In the contorllno of acid Center Av- enue dlatant $88.95 feet northerly of the northssaat corner of said Lot 5; thonce avutharly alons the centerline of said Center Avonac a distance of 5 feet; thence aoutherly and aouthueeterly alons a tulgential c,,uwc to tho. right with a raditaa of 221.17 fact A dia- tance of 169-M feet; thence aouthweatttly tangent to last acid curve a dlatance of 5 fact; thence aouth�ttaterly along a tangen- tial curve to the right with a radium of 445.72 feet a disstance of 1.19.25 feet; thence aouthwesterly.iwent to last Bald curve a j distance of 107.30 feet; thence- touthuesterly along a tangential vaxva tc the left with a radius of 56 feet, a,diota = of 19.7 feet; thence noutherlY tansant to last staid cv'-ve a diete,nce of 6.5 feat; thonce southerly a.lo" a tangential carve to the left with a radiva of 169.7 feet a distanca of 53.9 feet; thence "..th- erly tangent to last described Curve a distance of 20.5 feet; thence aauthcrly on a tangential curve to the left with re- radius ( of 78,1 feet to its interatatiori'uith the centerline, of said Bor- j ier AvrpUr, , and acid line tha:`e atsdlrtg. _ °y. 1�� A twenty (20) foot wide corridor centered on the following described Line A; commencing at the intersection of the centerline of Brackett.$ 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 northwesterly on an assumed bearing of north 43�38' 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 or: the following described Line B; commencing at the most northwesterly corner of the Property; thertce easterly along north lot 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 lure 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" vest a distance of 33136 feet and thus terminating. :k a �\ � f 97 E \ �fz m o _ to} \ \ OD©?? k� ~� \ 36/ /AA