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DRAINAGE EASEMENT �s�'�'.�`�'"�+:'��'��• w,-;r �.` ."'�w`�
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THIS INDENTURE, made this � -� day of ��r� , 19�►
between E'�ir,�atiA �. � ��G�� ✓ o7y of the
County of Hennepin and the State of Minnesota , on behalf of
themse3ves, their 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).
W I T N E S S E T H:
Owner, in consideration of the sum of One Do3.lar ($1.00) and
other good and valuable consideration to Owner in hand paid by the
City, the receipt and sufficiency whereof is hereby acknow3edged, does
grant, bargain, quit claim and convey unto the City, forever, the
fo3lowing perpetua3 drainage easement over and under and across
property Iocated in the County of Hennepin and the State of Minnesota,
and 3.ega? ly describ�d in E�liibit A atzached 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 drainageways and other
improvements re3ated thereto, and to enter upon said easement for the
purpose of inspecting, repairing, removing and reconstructing such
facilities. The City sha31 return the area it disturbs to grade and
seed the same and replace the surface soil with the original type
materia?. .
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
Lanci 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,
f3ood control , water conservation, erosion control , soi3.
conservation, fish and wildlife habitat characteristics
shall be made of the Land or the water situated thereon.
Page 1 of 2
Owners herein do hereby remiss, release, acquit and forever
discharge, forever, the City and any and alI 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 intend that the public should have any
interest in the above Land by virture of this indenture or otherwise,
except as hereinabove set forth.
The Owner does covenant that the owner is in possession of
the above described property and easement and has 3awful 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.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this 2nd day of March , 198'90before me
a Not r. P blic within and for said county, personally appeared
Edwar� � an�d Gerda V. Totii known to me to be the person(s)
described in and who executed the foregoing instrument , and
acknowledged that he (they) executed the same as his (their) free act
and deed.
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NOTARY P IC
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MY COMMISSION EXPIR�S ,�. Ex�res Jan 5, »94
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Page 2 of 2
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DRAINAGE EASSMENT
Exhibit A
Legal Descriptions of Drainage Easements:
The following portions of Lot 12 , Block l, Farview, Hennepin
County, Minnesota:
A. The north 10 feet of said Lot 12 ; and
B. The west 25 feet of the east 100 feet of the north 200 feet
of said Lot 12; and
C, The following described Iand:
Beginning at the north�ast corner of said Lot 12 , thence
south a distance of 200' along the east �.ot Iine of said Lot
12 , thence west a distance of 100' to the actual point of
beginning; thence northwesterly to a point in the west line
of said Lot 12 distant 40 feet south of the northwest corner
of said Lot 12; thence north 40 feet to the northwest corner
of said Lot 12 ; thence southeasterly to a point 40 feet
north f rom the point of beginning; thence 4 0 f eet south to
the point of beginning; and
D. The following described land:
Beginning at a point on the north Iine of said Lot 12
distant 75 feet west from the northeast corner thereof ;
thence south 45 feet; thence northeaster3y to a point on the
north 3.ine of said Lot 12 distant 55 feet west of the
northeast corner thereof; thence west to the point of
beginning.
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DRAINAGE AND UTILITIES EASEMENT
THIS INDENTURE, made this � '1 day of ��-�'L , 19�v, by
and between C�cd.a�D J� .� C�F2�A ✓. �o�y
hereinafter referred to as "Grantor(s )", and the City of Orono, a
municipa3 corporation, under the Iaws of the State of Minnesota,
hereinafter referred to as "Grantee".
WITNESSETH, that Grantor(s), in consideration of the sum of
One Dollar ($1.00) and for other good and valuable consideration given
by Grantee, the receipt of which is acknowledged by Grantor(s), do(es)
hereby grant, bargain, sell and convey to grantee, its successors and
assigns , a perpetual easement for drainage purposes and for
construction and maintenance of utilities, together with ingress ,
egress and access thereto, on, across and under the land in the County
of Hennepin and State of Minnesota, as follows:
The east 10 feet of Lot 12 , Block 1 , Farview, Hennepin County,
Minnesota
The Owner does covenant that the owner is in possession of
the above described property and easement and has Iawfull 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.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN ) �
On this 2nd day of March , 1990 � before me
a Notary Pub3ic within and for said county, personally appeared
Edward J. and �erda V. To�h known to me to be the person(s)
described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act
and deed.
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