HomeMy WebLinkAbouteasement agreement s � _ `_ .�r�-�-.� 2 �s �^`"^"'�,�.� '� �. :
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made as of this��`day of
, 1993, between Diane Evans and A. H. Evans, her husband (hereinafter
collectively called "Owner"), and the City of Orono, a Minnesota municipal corporation
(hereinafter "City"). � .
� REPRESENTATIONS:
Owner covenants and represents that Owner is the lawful owner of a fee simple interest
in the following described real property (the "Property") located in Hennepin County,
Minnesota:
Lot 1, Block 1, Bayside Landing Second Addition, according to the recorded plat thereof
on file and of record in the office of the Registrar of Titles, Hennepin County,
Minnesota.
Owner further covenants and represents that Owner has a lawful right and authority,
without restriction to convey the Easement Parcel (as herein defined), and that any party havin�
a record interest in the Easement Parcel (as herein defined) has consented and subordinated i�
interest to the easement granted herein.
EASEMENT DEFINED
The City requires a rzrpetual easement for sanitary sewer purposes over, under anci
across the following described portions of the Property (hereinafter refened to as the "Easement
Parcel)";
The southeasterly 20 feet of the Property; and
That portion of the Property lying ten feet on either side of the following described line:
Commencing at the most easterly comer of Lot 2, Block 1, Bayside Landing Second
Addition; thence northeasterly along the southerly line of Lot 1, Block 1, Baysid�
Landing Second Addition a distance of 25.08 feet; thence North 37 degrees 14 minut�s
30 seconds East a distance of 26.66 feet to the point of beginning of said centerline tc
be described; thence North 44 degrees 42 minutes 31 seconds West a distance of 162.6�
fe� *'_�.�_nce North 43 degrees 15 minutes 10 seconds West a distance of 257.09 feet;
tb� �ce '•,orth a �istance of 35.68 feet to a point on the north line of Lot 1 and ther�
tCrmir=:�ng.
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GRANT OF EASEMENT
In consideration of the sum of One Dollar ($1.00) and other good and valuable
. consideration given to Owner by the City, the receipt and sufficiency of which is acknowledged,
Owner hereby grants, bargains, quitclaims and conveys to 'the City, forever, a perpetual
easement for sanitary sewer purposes over, under and across the Easement Parcel.
TERMS OF EASEMENT
1. Owner's grant of the Easement Parcel to the City includes the free right of the
� City to enter upon, under and over the Easement Parcel, to remove trees, brush, grass, dirt and
structures therefrom, to construct, maintain, repair and use the sanitary sewer (hereinafter
referred to as "Public Improvement") and to enter upon the Easement Parcel for the purpose
of inspecting, maintaining, repairing, removing and reconstructing the Public Improvement.
2. The City shall retum the area it disturbs within the Easement Parcel, to grade,
seed the same and replace the surface soil with the original type of material, except in the case
of any area of the Easement Parcel lying within a public right-of-way, currently used for road
purposes.
3. Owner agrees that the Easement Parcel shall not be encroached upon by fill,
excavation, erection of buildings or permanent enclosures, fences or walls, or other obstructions
which would interfere with, or which would otherwise obstruct access to, the Public
Improvement in any manner. •
4. In the event that use of the Easement Parcel is at anytime discontinued by the
�City, the City shall have the right, but not the duty, to enter upon the Easement Parcel and
remove all or any portion of the Public Improvement which has been placed upon, over or under
the Easement Parcel, subject to paragraph 2 above.
5. The terms and provisions of this instrument shall run with the premises and shall
extend to and be binding upon the Owner, and Owner's heirs, personal representatives,
successors and assigns.
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The Owner and Ciry have caused this Agreement to be executed the day and year as
written above.
CITY OF ORONO OWNER
By � l�hiOr���l�
ts Mayor . Diane Evans .
�— •
By •
Its Ci rk A. H. Evans
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoin instrument was acknowledged before me, a notary public in and for said
County, this � a�'=� day of /I,��r/em.hz� , 1993, by Edward J. Callahan, Jr., and
Dorothy M. Hallin, the Mayor and City Clerk o f t he City o f Orono, a Minnesota municipal
corporation, on behalf of the corporation.
. . LINDA S. VEE � ,/��J
NOTARY PUBLIC - MINNESOTA U
� < HENNEPIN COUN7Y � Gt�
� - ; � My conrrissien expires &12-08
•� tary Public
STATE OF MINNESOTA )
)ss. .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �Z day of
/t/'p��� , 1993, by Diane Evans and.A. H. Evans, wife and husband.
��.� �� `
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
pppHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. r-ti t.�►URA JOUCOEUR
MOTARY PUBUC—�IWNESOTA
3300 Piper Jaffray Tower HENNEPIN COUNTY
222 South 9th Street �'�0"�f°'"01"•��
Minneapolis, Minnesota 55402
(612) 333-4800 �
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Scale in feet