HomeMy WebLinkAbouteasement agreement-1993 � �ASEMENT AGREEMENT
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THIS AGREEMENT, made this /�day of .J U NEr , 19�, between
Donald R. and Helen S. Gronberg, husband and wife , of the County of Hennepin and
the State of Minnesota, their heirs, successors and assigns (hereinafter "Owners"), and the City
of Orono, a Minnesota municipal corporation (hereinafter "City").
OWNERSHIP DEFINED
Owners covenant that they are the fee owners of property located in Hennepin
County, Minnesota, which is legally described as:
Tract B, Registered Land Survey No. 744
(hereinafter referred to as the "Property").
EASEMENT DEFINED
The City requires a perpetual easement for road and utility purposes over, under
and across the Property, said easement legally described as:
A permanent easement for road and utility, over, under and across the west
twenty five (25') feet of the above described parcel and a permanent easement for
utility and drainage purposes across, under and over the east ten(10') feet of the
west thirty-five (35') feet of the above described parcel.
GRANT OF EASEMENT
In consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration given to Owners by the City, the receipt and sufficiency of which is
acknowledged, Owners hereby grant, bargain, quitclaim and convey to the City, forever, a
perpetual easement for road and utility purposes over, under and across the Easement Parcel.
TERMS �F EASEiVIEIV'T
1. Owners' 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 road and 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. Owners agree 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 further upon the premises and
remove all or any portion of the Public Improvement which has been placed upon, over or under
the Easement Parcel as granted by the Owners to the City.
5. The terms and provisions of this instrument shall run with the premises and
shall extend to and be binding upon the Owners, their heirs, personal representatives, successors
and assigns.
6. 'fhe Owners covenant that they have a lawful right and authority, without
restriction, to convey the Easement Parcel as herein granted, subject only to the consent of any
party having a record interest in the Easement Parcel.
The Ovvners and City have caused this Agreement to be executed the day and year as
written above.
CITY OF ORONO OWNERS
- � ;��1 `%' �
By --� �z �. � , �
Its Viayc
By _ � . �., i�'-�=
Its ity lerk
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S.TATE OF MINNESOTA )
) ss. ,
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before�me, a notary public in and for said
County,the�.�ay of ���,� , 199,�, bY �o�,,vara� J• �a.//ahah, ,T�e.
and � o,�oTl-�Y /11• /�a//ih � , the Mayor and City Clerk of the ity of
Orono, a Minnesota municipal corporation, who executed this Agreement and acknowledged that
they executed the same on behalf of the City.
LINDA S. VEE � a �/
NOTARY PUBUC- MINNE30TA p0 (/�p�
HENNEPIN COUNTY
- Mr co����� ota Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me the ��day of
!�� , 199�, by Donald R. and Helen S. Gronberg, husband and wife ,
t me known to be the persons described in this document and who executed the document and
acknowledged that they executed the same as their free act and deed.
_ ,:.�..�
JUhi�R.GERHARDSON ,
'y, Nol�ry Public,Stete of Minnesota
QwlNied in FI�nMph�CamY o�LY� /'����
comm�or+�res t 2.o3-ss No ry Public
This instrument was drafted by:
Popham, Haik, Schnobrich & Kaufman, Lxd.
3300 Piper Tower
222 South 9th Street
Minneapolis, MN 55402
(612) 333-4800
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