HomeMy WebLinkAbout1990-07-29 Easement agreement /�'n9
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�,��'"�� ,, ' EA,SEMENT AGREII"iENT
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THIS INDENTURE, made this 29th day of July , 1990 ,
between Alegander J. Jentilucci and D.iane F. Jentilucci , husband
and wife, of the County of Hennepin and of the
State of Minnesota _, (hereinafter referred to as "Owner" ) ,
for themselves , their successors and assigns , 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 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, under and across real
property located in the County of Hennepin and the State of
Minnesota , and legally described in the attached Exhibit A
(hereinafter referred to as the "Easement Parcel" ) .
Said easement includes the free right to enter upon, under and
over the Easement Parcel, to remove trees , brush, grass and dirt
and other structures therefrom, to construct, maintain, repair and
use storm sewers and water pipes , manholes, lift and pump stations ,
drainage ways and other improvements related thereto (hereinafter
referred to as "Public Improvements" ) and to enter upon the
Easement Parcel for the purpose of inspecting, maintaining ,
repairirig, 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
seed the same and replace the surface soil with the oriqinal type
materials , except in the case of any area to be used for street and
other related improvements .
Owner agrees that the Easement Parcel shall not be encroached
upon by filling, e:cavation, erection of buildings or permanent
enclosures , which would interfere with the Public Improvements or
which would otherwise obstruct access in any manner .
In the event that use of the Easement Parcel is at any time
discontinued by the City, the City shaZl have the right , but not
the duty, to enter further upon the premises and remove all or any ,
portion of the Public Improvements which it may have placed upon,
over or under the Easement Parcel, granted herein. �
The terms and provisions of this instrument shall run with the
premises and shall extend to an be binding upon Owner, its �
representatives , successors and assigns . TRANSFER ENTlRi� �
p*(,pt1�ROrfR1Y TAX&PlJe11C RECO�S ,
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The Owners covenant that they are the record fee owner of the
Easement Parcel and has legal title thereto and has lawful right
and authority, without restriction, to convey the easement as
herein granted.
State Deed Tag Due Hereon: Egempt .
IN TESTIMONY WHEREOF, the Owner has caused these presents to be
executed the day and year first above written.
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STATE OF MINNESOTA )
. SS.
COUNTY OF )
On this� day of , 1990, before me, a notary
public wi � d fo � �sai cou y, pers a y ` � husban�onge ife
appeared _ � � , " '
known to be e erson(s) described in, who executed the
foregoing instrument, and acknowledged that they exec ed the same
as their free act and deed.
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NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY: ���
Popham, Haik, Schnobrich & Kaufman, Ltd. �
3300 Piper Jaffray Tower �'i0r���'��
222 South Ninth Street
Minneapolis , Minnesota 55402
Telephone: �612) 333-4800 Easement No .
NEH/ZNEH-1124 (33) �
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ESHIHIT A � .
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Parcel Description: :
� Lot 7 and south half of Lot 6., Block 3 '_of the Crystal Bay
� Minnetonka Addition and the folloowing �described property.
Commencing at the southwest corner of the northeast quarter of
the southwest quarter; thence northerly along the west line of
said northeast quarter of the southwest quarter 645 . 46 feet to
the point of beginning; thence continue north along said line
58 . 3 feet; thence easterly 208 feet parallel with the south
line of the northeast quarter of the southwest quarter; thence
southerly parallel with said west line a uistance of 58 . 3 f�Qt;
thence, westerly parallel with the south line of the northeast
quarter of the southwest quarter 208 feet to the point of
beginning and there terminating .
A permanent easement for utility and street purposes over,
under and across the above described percel as described below:
Commencing at the southwest corner of the northeast quarter of
the southwest quarter; thence northerly along the west line of
said northeast quarter of the southwest quarter 645 . 46 feet to
the southwest corner of the property and the point of
beginning; thence easterly along the south property line 208
feet; thence north 10 feet along the east property line; thence
westerly to a point on the west property line 15 ' north of the
point of beginning; thence south to the point of beginning and
there terminating .
NEH/ZNEH1124 (35)
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