HomeMy WebLinkAbouteasement agreement-1997 � ' �
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EASEMENT AGREEMENT
THIS AGREEMENT, made this �day of ��l ��� , 1997, between
William Z. Mernik and Lisa J. Mernik, 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 Lot 005,Block 001, Long Lake
Country Club Addition (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 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:
a. Owner hereby grants to the City for the benefit of the public, a permanent,
nonexclusive easement over,across and upon that portion of the Property legally
described as follows:
That part of the Property described as follows:
Ten feet either side of the following described Line A: Commencing at the
northeast corner of the Property, thence northwesterly along the north lot line a
distance of 11.81 feet to the point of beginning of Line A, thence southerly on an
assumed bearing of south O1°OT 18" west a distance of 114.80 feet, thence
southwesterly on an assumed bearing of south 75°24'48" west a distance of
176.87 feet to Lake View Tenace right-of-way and thus terminating.
Hennepin County,Minnesota
(the "Easement Area") for the purposes of constructing , reconstructing, maintaining,
repairing and use of a sanitazy sewer system and all appurtenances thereto, including,
without limitation, signage (hereinafter referred to as "Public ImprovemenY').
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. Liabilitv and Indemnification; Insurance. The City hereby agreed to indemnify
and save the Owner harmless from and against any and all suits, demands, liabilities, costs, and
other expenses, including reasonable attorneys' fees, incurred in connection with or azising out
of the use of the Easement Area by the City, its contractors and agents or the general public for
the purposes granted herein, excluding, however, from such indemnity any loss resulting from
acts of Owner and his invitees. The City shall be responsible for obtaining and maintaining
public liability insurance over the Easement Area in such limits as City, in its sole discretion,
deems reasonable and sufficient.
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 The Prudential Home Mortgage Company,
Inc. and First Trust National Association, mortgagees on the Property who have
consented to this Agreement, and that the Easement Area is embraced wholly within the
Property.
5. Bindin E� ffect. 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 Easements. 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.
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 OWNER
By � �
I a or William . Mernik
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Its City er? Lisa J. Merni
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �day of ,
1997, by Gabriel Jabbour and Dorothy M. Hallin, the Mayor and City Clerk,res ively, 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.
a *•� ,IAMIE L GEMAR '
;� Np'T�py pl�LlrrMiNNESOTA
' ���� No� ry ublic
•.. My Conrnt�lon 6�i�s Jan.31.2000
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this L� day of �1 ►�� ,
1997, by William Z. Mernik and Lisa J. Mernik, husband and wife.
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4" : �i�iE9pq Notary b c
•... M►Omrt�sloa 8�aes.kn.31.2000
This Instrument was Drafted By:
Popham,Haik,Schnobrich&Kaufman,Ltd.
3300 Piper Jaffray Tower
222 South Ninth Street
Minneapolis,MN 55402
(612)333-4800