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EASEMENT AGREEMENT
THIS AGREEMENT, made this 17th day of June, 1999, between Robert J. Keith, Jr., and
Katharine K. Jackson, as Trustees of the Freda G Keith Qualified Personal Residence Trust,
(''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:
Tract D, Registered Land Survey No. 1098, Files of the Registrar of Titles,
County of Hennepin.
(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:
AGREEMENTS
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, includin� but not limited to piping and other conduits of any
nature for sanitary sewer (hereinafter referred to as "Public Improvement").
02-117-23-41-0003
� .
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 man.�er by Owner.
b. Owner has the lawful right and authoriry, 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 Easemen� 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 dury, 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
IN WITNESS WHEREOF, this Agreement has been executed as of the day and yeaz
first above written, subject to all of the terms and conditions herein set forth.
CITY OF ORONO R �_
By' � 1 G�� �����
,
Its M or Robe J. Keith, Jr., Trustee
And By �U.,e� ���-u.�..�. �c,�ja2�
Its ity Clerk Katharine K. Jackson, Trust e
STA?'E OF M?NNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this2� day of �U �
1999, by Gabriel Jabbour and Linda S. Vee, the Mayor and City Clerk, respectively, o the City
of Orono, a Minnesota municipal corporation, who executed this Agreement and acknowledged
that they executed the same n�hahalf..c�f�l�_�City of Orono.
CP.ROLE A,HA,SFti1P.N
,� �r��� NGTF.RYFUBLIC-M!NPtESCT;� � � �
�-.':,;y;: HEN�EPINCCUPJTY ; ��� J �-� ' a' �-� �
`'.=``` My Ccrrmissicn Erpires Jzn.31.2�0� � Notary Public
-- `=�`` �-'�--"'^`'~---�:^',::'
__c�'�-,r�.
STATE OF nP s �
) ss
COUNTY OF Y�p )
The foregoing instrument was acknowledged before me this�day of ������,
1999, by Robert J. Keith, Jr., one of the Trustees of the Fred C. Keith Qualified Personal
Residence Trust.
. ��ORYA CAPPA � -•�
:� � ary Public
.
° �N�1 COUIYi1f
�.�.�••
I�'Cartimfsslon E�ires kn.31.2000
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, Exhibit A
Easement Area
An easement area across the Property forty (40) feet wide centered longitudinally over
the following described Line A; commencing at the northwest corner of the Property;
thence southeasterly along the west lot line a distance of 224.32 feet to the point of
beginning; thence easterly along an assumed bearing of North 74° 40' 18" East a distance
of 104.07 feet; thence northeasterly along an assumed bearing of North 58° 35' OS" East
a distance of 120.99 feet; thence northeasterly along an assumed bearing of North 03° 47'
47" East a distance of 18.7 feet plus or minus and thus terminating on the east lot line of
the Property.
And
An easement area across the Property forty (40) feet wide centered longitudinally over
the following described Line B; commencing at a point on Line A distant 65.06 feet east
of the west lot line of the Property; thence northerly along an assumed bearing of North
10° 24' 11" West a distance of 103.0 feet and thus terminating.
Keith Easemen[