HomeMy WebLinkAbout#1970 Recorded Drainage EasementDRAINAGE EASEMENT
_ THIS INDENTURE ,.111act~ this d day of ~!0-,
19 q4 , betwee\n &o:tt \'\\ i,.c..,\\.~~\o\d of the
C~4fi'y of '.n eX\ S\ f -~,\'\ and the State of
W ·, "'" :esc:\~· , on behalf of themselves,
thei'r 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).
WITNESS ETH:
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 re~eipt and sufficiency whereof is hereby acknowledged, does
Grant, Barg~in, Quitclaim, 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 drainage ways and other
improvements related thereto, and to enter upon said easement for the
purpose of inspecting, repairing, removing and reconstructing such
facilit"ies. 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 Owner 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 be placed, dumped or stored upon the Land
and no waste, trash or garbage shall be placed, dumped
or stored upon the Land.
D. No use shall be made of the Land except uses, if any,
which will not change or alter the natural condition of
the Land, and no use which would tend, to. change the
drainage, flood control, water conservatioh,. erosion
control, soil conservation, fish and wildlife habitat
characteristics shall be made of the land or the water
situated thereon.
Owners herein do hereby remiss, release, acquit 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 in tend that the public should have any
interest in the above land by virture of this indenture or otherwise,
except •,as he,reinabove 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.
STATE OF MINNESOTA)
. ) ss.
COUNTY OF HENNEPIN)
On th 1. s /7 f i_} d f "' J -ayo Ul(E'rnD€1(
before me, a notary public within and for said county,
appeared 5C6ft 1t'e:h.c1 IA.'(;{c/ .5,'o le.
, 19 CZ l/ .
personally
to me known to be the persons describe in, and who executed the
foregoing instrument, and acknowledged that they executed the same as
their free act and deed.
LINDA S. VEE I
NOTARY PUBLIC • MINNESOTA ,
HENNEPIN COUNTY
My comrr,isslon expires B-12-96
/ -,,
r //J1 di✓
Notary Public
...
EXHIBIT A
PROPOSED IO FOOT DRAINAGE EASEMENT
That part of Lot 2, Block I, KELLY 2ND
ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, lying
5.00 feet on each side of a centerline
described as commencing at the most
westerly corner of said Lot 2; thence
north easter! y, along the north west I ine of
said Lot 2, CJ distance of I 00.00 feet;
thence easterly deflecting to the right 60
,degrees 22 minutes 32 seconds a distance
of I 02.48 feet to the easterly line of said
Lot 2 and said centerline there terminating.
The sidelines of said easement are prolonged
or shortened to terminate at said ncrth
westecly and easterly lines of Lot 2.
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