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Home My WebLink Abouteasement agreement-1999 . . c S� � b�� r� [� � i....�s �:�;�� . � � � �c� � � 8D OFFICE OF THE REGISTRAR OF TITLES � HENNEPIN COUNTY,MINNESOTA CERTIFIED FILED ON NOV.30, 1999 3:00 PM MICHAEL H.CUNNIFF,REGISTRAR OF TITLES gy ,DEPUTY EASEMENT AGREEMENT THIS AGREEMENT, made this��day of � �% , 1999, Thomas A. Cusick and Charlene A. Cusick, husband and wife, ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). RECITALS: A. Owner is the holder of a fee simple interest in property located in Hennepin County, Minnesota, which is legally described as: i Tract B, Registered Land Survey No. 1098. (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. NOW, 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: AGREENiENTS 1. Grant of Easements. Owner hereby grants to the City for the benefit of the public, a permanent, exclusive easement for the benefit of the public in, under, over and across that portion of the Property legally described on Exhibit A attached hereto and made a part hereof (the "Easement Area") for the purposes of(i) drainage and (ii) the construction and maintenance of public utilities, including but not limited to piping and other conduits of any nature for water, sanitary sewer� ctnr•n� ePcvar rt�c YPIP�1�l1nn' ol�.l.+�:--:._.� ....L.1� �..1....:,,:.._' :—`---- - - S� � ' ity (hereinafter referred to as "Public Improvement"). � 02-117-23-14-0001 1 ,� _. 2. Maintenance. 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. Restoration. After maintenance, repair, reconstruction or construction of the Public Improvement, the City shall return the area it disturbs within the Easement Area to grade and seed the same. 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 obstructions 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 and that the Easement Area is embraced wholly within the Property. 5. Bindin� 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. 6. Termination of Easement. 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 of the Public Improvement which has been placed upon, over or under the Easement Area. 7. Partial Release of Easement. Within one year from the date of this agreement, the City shall release any lands from the Easement Area which are not required for future repair, maintenance or reconstruction of the Public Improvement. 2 � r , 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 OWN � B �� y Its yor Thomas A. Cusick . And By • .�1L L�(1 cQ-r`�� t-�.L��C.� Its City Clerk Charlene A. Cusick STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this�day of�2� , 1999, by Gabriel Jabbour and Linda S. Vee, 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. G� Not Public 1''� STATE OFfi 1 P O � _ ) MARYANNJOHNSON �_a�; NOTARY PUBLIC-MINNESOTA ) SS .,�,� My Commission Fxpires Jan.31,2000 COUNTY OF ? r�� r, � The foregoing instrument was acknowledged before me this ��day of ��Yl� , 1999, Thomas A. Cusick and Charlene A. Cusick, husband and wife. c� %�f GREGORY A.GAPPA �'j :�',r,��r' NOTARYPUBLIC-MINNESOTA �} ';:��t:y: HENNEPIN COUNiY This Instrument was Drafred By: t�j - :�• My Commission ExDires Jan.31.2000 Hinshaw&Culbertson 3200 Piper Jaffray Tower , 222 South Ninth Street Minneapolis, MN 55402 (612)333-4800 3 - ` '�UN-1�-yy rKl UI��J HI'I I�r hlNHN�1HL �UKr hAX NU. b1�4l5(y(5 N, Q� CONSENt (Cusick) 'rhe unde�signed ("Mortgagee") having an interest as mortgagee in the property desccibed in the foregoing Easement (lhe "Easement"),pursuant to that cert�in Mort�age dated October 5, 1994, filed Decembcr 1, 1994, with the Registrar of Titles in and for Hennepin County, Minnesota as Document No. 2571226, (the "Mortgage"), hereby consents to the Easement and furlher agrees that tl�e Mortga�e is subjcct and subordinate to the easement grantcd in thc Eascmcnt. IN WITN�SS WHF,RFOF, the undersigned h�s caused this Consent to be executed effective as of �b1NE f$ , 199�, Mortgagee U.S. BANK NATIONAL ASSOCIATION, f/kla First Bank National Association By 0��' /�,i�� I�s STATE OF ) (1 ) ss. COUNTY OF t"i��J1ti,��ll� ) 'fhis instrument was acknowled�d efore me on �uJUE' �� , 199�, by �Dyf� C �(fELSo�f the � - of U,S. Bank National Association, formerly known as First Bank Nationa] Association, a r_ �. under the laws of l�F ti�u ES�� on behalf of the r�Pr1� C- �.��. � ` Notary Public ANOREW C.JELLi�GER THIS INSTRUMENT WAS DRAFz'EA BY; NOTAAYPUBL�-MNNES4TA HT?�1SHAW & CULBERTSON F�r"��"C0� • A!y Comm�sswn E�cNres,lan.31,2000 3200 Piper 7affray 7'ower 222 Souch Ninth Street Minncapolis, MN 55402 E�ibit A Easement Area An easement area across the Property forty (40) feet wide centered longitudinally over the following described Line A; commencing at the southeasterly corner of the Property; thence westerly along the southerly lot line a distance of 159.62 feet to the point of beginning; thence northerly along an assumed bearing of North 03° 47' 47" East a distance of 40.00 feet and thus ternunating. And An easement azea across the Property forty (40) feet wide centered longitudinally over the following described Line B; commencing at a point on Line A distant 6.00 feet north of the south lot line of the Property; thence northwesterly along an assumed bearing of North 57° 41' 11" West a distance of 172.3 feet plus or minus and thus ternunating on the west lot line of the Property. And � An easement area across the Property forty (40) feet wide centered longitudinally over the following described Line C; commencing at a point on Line A distant 10.00 feet north of the south lot line of the Property; thence northwesterly along an assumed bearing of North 34° 15' 36" West a distance of 110.0 feet and thus terminating. Cusick Easement