HomeMy WebLinkAbouteasement agreement-1999 ,� , . ���i.�J�JJ � �� S�� r,U ������o��c �%'� t �r
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EASEMENT AGREEMENT
THIS AGREEMENT, made this 17th day of June, 1999, between D. Eldredge Jackson,
III and Katharine K. Jackson, husband and wife, ("O�vner"), 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 E, Registered Land Survey No. 1098, Files of 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 a�reed:
AGREEMENTS
1. Grant of Easements. Owner hereby grants to the City for the benefit of the
public, a permanent, e�clusive 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 :�rea") 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 sanitary se«-er (hereinafter referred to as "Public Improvement").
02-1 U--'_3-42-0002
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 Improvernent 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 yeaz from the date of this agreement,
the City shall release any lands from the Easement Area which aze not required for future repair,
maintenance or reconstruction of the Pub:ic Improvement.
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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 R
B � t 2��
Y
Its M or D. Eldredge Jac son, III
And By �4 ' v�2 �--���_/�� � _ C��i1�--
Its City Clerk Katharine K. Jackson
3
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
/�9q The foregoing instrument was acknowledged before me this�day of�u n�
��, , t�y 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.
�
tary Publi
STATE OF �1 �S :� Q ) °"`'., '
MARY ANN JOHNSON
� SS • '�' • NOTARY PUBLIC-MINNESOTA ,f
COUNTY OF Q '1'�P ��� �' :f°�`� My Commission Expires�an.3t,2000
�
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The foregoing instrument was acknowledged before me this�day of�}�_,
1999, by D. Eldredge Jackson, III and Katharine K. Jackson, husband and wife.
V
otary Public
---�--,.;�.
�} J� GREGORY A GAPPA
'�"��+�'' NOTAAY PUBLIC-MINNESOTA
This Instrument was Drafred By: `'` ' f'��'`r'
�- o�`-�• HENNEPIN COUNTY
�' My Commission Expires Jan.31.2000
Hinshaw&Culbertson �
3200 Piper Jaffray Tower
222 South Ninth Street
Minneapolis,MN 55402
(612)333-4800
4
,
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 southerly along the west lot line a distance of 202.83 feet to the point of
beginning; thence easterly along an assumed bearing of South 74° 35' S2" East a distance
of 199.80 feet; thence easterly along an assumed bearing of North 74° 40' 18" East a
distance of 20.6 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 64.16 feet east
of the west lot line of the Property; thence northeasterly along an assumed bearing of
North 13° 02' S5" East a distance of 73.00 feet and thus ternunating.
Jackson Easement