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Home My WebLink Aboutdrainage easement-2004' ��3,��;� • �. ::��Y DRAINAGE EASEMENT THIS DRAINAGE EASEMENT, made this H 7 day of °�'`- , 2004, by and betwee�i CHARLES AI�TD ROSEANNE SIMPSON, Husband an ife ("Simpsons"), and the CITY OF ORONO, a municipal corporation ("Orono") I. The Simpsons are the owners of a certain parcel of land ("Simpson Parcel"), being more particularly described on the attached Exhibit A. II. Orono desires to obtain drainage rights under the Simpson Parcel for the benefit of the public, and the Simpsons are willing to grant such drainage rights upon certaiil ternls and conditioiis. NOW, THERETORE, ii� consideration of the benefits derived by the parties to this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I — GRANT OF EASEMENT The Simpsons here�by grant, bargain, sell and convey to Orono, its successors and assigns, a perpetual easement for drainage purposes only ("Orono Easement") under that portion of the Simpson Parcel, which is legally described on Exhibit B ("Easement Area"), and the right to enter upon the Simpson parcel to the extent necessary to permit Orono to exercise its rights and perform its obligations with respect to this easement. ARTICLE II—USE OF EASEMENT AREA The use of the Easement Area shall be limited and defined by the following terms and conditions: Section l. T11e easement rights granted shall include the right to construct, repair and mai�itain a storm sewec drainage pipe no larger than 8 inches in diameter, and the right to entel-oi�to the Simpson Parcel to repair and maintain that storm sewer drainage pipe and to remove or otherwise dispose of any tiinber or natural growth and any obsti-uctions, accuinulations or other things that would interfere with the drainage and other i-iglits granted in this Agreement. Orono shall also have to right to enter onto the Simpson Parcel to do sucl� otl�er �vork reasonably necessary to exercise the rights granted in this Agreement. Section 2. The term of the Orono Easement shall commence as of the date of tl�is Agreement ("Effective Date"), and shall be perpetual. Section 3. In the exei-cise of the rights and the privileges granted by this Agreemeilt, the parties sha11 adl�ere to and comply with the good practices and all laws, ordinances, rules, regulations, and other orders applicable to its activities, operations and work performed upon, or use of the Easement Area. Section 4. In exercising its rights and performing its obligations under this Agreement, Orono agrees to cause, at its sole expense, the Easement Area to be maintained in a condition substantially equal to that existing upon the completion of the landscaping over and across the Easement Area as provided in Article 4 below and pursuant to any and all agreements with the local watershed district and all applicable laws, ordinances and regulations. ARTICLE 3 — REPAIR AND MAINTENANCE Orono shall be responsible, at its own expense, for all repairs and maintenance of the Improveinents. ARTICLE 4—RESERVATION OF THE RIGHTS The Simpsons shall have the right to landscape, including but not limited to planting grass, tress and slu-ubbery, across and upon the Easement Area and to erect teinporary barricades as necessary to (i) construct, repair or maintain the landscaping across and upon the Easement Area, (ii) construct, repair or maintain other portions of the Simpson Parcel, or (iii) prevent the acquisition of the prescriptive rights by anyone. ARTICLE 5 —NOTICE All notices, demands and requests required or permitted to be given under this Agreeinent must be in writing and shall be deemed to have been properly given or served either by personal delivery of by depositing the same in the United States Mail, addressed to the Siinpsons or to Orono, as the case may be, prepaid and registered of certified mail, return recei�t requested, at the following addresses: To Simpsons: Charles and Roseanne Simpson 2695 Kelly Avenue Excelsior, MN 55331 To Orono: City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 Rejections or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof; to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. ARTICLE 6 —MISCELLANEOUS Section 1. If either party brings an action at law or in equiTy to enforce or interpret this Agreement, the prevailing party in such action shall be entitles to recover reasonable attorneys' fees and court costs in addition to any other relief granted. Section 2. In addition to any other remedy that may be available to either party under this Agreement, either party may enforce the terms of this Agreement by an inj unction. Section 3. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories to this Agreement and the successors and assigns ofeach, including those who become owners of the Simpson Parcel; provided however, that any liability or obligation under this Agreement as to future events shall terminate with respect to a transferring party upon the bona fide conveyance of the entirety of its ownership in and to the interest therein and the transferring party's notification to the other party of such transfer, including in the notification, the name and the address of the transferee. The transferee shall automatically become liable for the performance of all covenants, obligations and undertakings arising or accruing hereunder with respect to a Simpson Parcel during the period of ownership of the Simpson Parcel. Section 4. The Simpsons warrant that they are the fee owners of the Simpson Parcel and that they have the lawful right and authority to convey and grant this easement. Section 5. Orono warrants that this easement will not diminish the lot area or change the property line setback used for the purposes of the City of Orono zoning regulations. Section 6. This agreement shall be constructed in accordance with the laws of the State of Minnesota. CITY OF ORONO BY �z:�.�1�1 �� C�,,�...., Linda S. Vee Its: City Cler BY Barbara A. Peterson Its: Mayor STATE OF MIi�1NESOTA ) ) ss. COUNTY OF !��n��.�� ) The foregoing instrument was acicnowledged before me this �-day of �% �� , 2004, by Linda S. Vee, the City Clerk, and Barbara A. Peterson, the May , of the City of Orono, a Mim�esota municipal corpo at�.��=�€��e�tq '�"- ` ��.'a,: JP.C{;i�YC�:ti'� �:� NOTARY PUE3LIC-t�dENI�-S�TA � ,2005 ,�+.� .! . - '�y 1 r;`,. � j �"" i � -:a''Z�s YV^ CHA E SIMP� �- ;' . _�J r•.;>�,�,l- �:1�,-,..� ��.-.�-'��:aU--- ROSEANNE SIMPSON STATL OF MINNESOTA ) • ) ss. COUNTY OF - The foregoing instrument w�as acknowledged before me this�.- �day of - /� , 2004, by Charles Simpson and Roseanne Simpson. . ��.�1��'��'�� •(,��s��.�. �ti..�.,v .,,,�,q,,.�,,,r �' �—°,. r�.<�.�Jr,IA g. ANG�RSG�� ; Notary Public � -IIRY PUBLiG-M AIfaC�.`u iA ':_ � � �Gomm.Expires Jan 31 �0 ' � t ��r✓�+'s"'Yv �t�a �C�� S ��i.�,��Lt �r��,�t�� b� I C�� ' G��no � �c� C:,�? j I�� PI��,� �l �� 1�c,� C�c�X �� C�� ,�� M?� SS'3 2� , A EXHIBIT A Legal Description Lot 2, Block 1, Carman Cove, Hennepin County, MN . �y:T�\.p=` j . �/ i� ��_ '\ . �il�� .. ��"� 7 ��/� \\ \ `� � 1 �- \ / .% ' � O /�S:?% n .\J� \'`�'\:-. 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