HomeMy WebLinkAboutEasement agreement-1997 , .
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EASEMFN7, AGJRE�IIVIENT
THIS AGREEMENT, made this � r C� y
day of� (/� j(� Q , 1997, between
Donald W. Lund and E d i t h P. L u n d, h u s b a n d an d wi fe, ("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 on Exhibit A attached hereto and
made a part hereof(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, THEREFpRE, in consideration of the sum of Ten Dollars ($10.00) and other and
valuable consideration given to Owner by the City, the receipt and suf�ciency 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 Tract A Registered Land Survey Number 1379 described as follows:
A twenty (20) foot wide corridor centered longitudinally on the line described as
follows:
Commencing with the northeast corner of said property; thence south along the
east lot line a distance of 299.82 feet to the point of beginning of the easement; thence on
an assumed bearing of N 71°41'40.61"W a distance of 125.87 feet, thence westerly on
an assumed bearing of north 86°15'44.6" west a distance of 87.76 feet, thence westerly
on an assumed bearing of north 71°46'S0.3" west a distance of 91.86 feet, thence
northwesterly on an assumed bearing of north 30°59'27.6" west a distance of 42.19 feet
and thus terminating on the west lot line of said property and ending point of easement.
(the "Easement Area") for the purposes of constructing , reconstructing, maintaining,
repairing and use of a sanitary sewer system and all appurtenances thereto, including,
without limitation, signage (hereinafter referred to as "public Improvement").
� 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
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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 arising 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.
c. The Easement Area is embraced wholly within the Property.
5. Bindin Effect. 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.
TRANSFER ENTERED
N�tiM�PW C0:1NTY TAXPAYER S�AYIG�B
APR t R
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IN WITNESS WHEp2EOF, 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
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C,�, �-�
By
Its ayor ponald W. Lund
_ �
B t�-Lct'-('�f.��'1�
Y -�'._-��-f � -
Its City Cle Edith P. Lund
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this��.day of �Lix�—,
1997, by Gabriel Jabbour and Dorothy M. Hallin, the Mayor and City Clerk,resp vely, 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.
• JAM�L.6�IIIR �
:�. taaw�rpust�Mnwesom►
;.��_�,.� ����,200p No Public
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �day of ,
1997, by Donald W. Lund and Edith P. Lund, husband and wife.
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NOTAIM �
F�IM
' �'�"""�"�� Notary Publ
This Instrument was Drafted By:
Popham,Haik,Schnobrich&Kaufman,Ltd.
3300 Piper Jaffray Tower
222 South Ninth Street
Minneapolis,MN 55402
(612)333-4800
EXHIBIT A
Property
Tract A, Registered Land Survey No. 1379, Files of Registrar of Titles, County of Hennepin.
Subject to the reservation of an easement for pedestrian uses only over the Westerly 150 feet of
above land as shown in deed Doc. 1120579,Files of Registraz of Titles;
Subject to a right of first refusal as shown in deed Doc. No. 1120579, Files of Registraz of Titles;
Together with an easement for private driveway purposes over that part of the North 67.46 feet
of said part of Government Lot 1, said Section 35 lying Westerly of a line drawn parallel with
and distant 140 feet East from the East line of "Albee's Long Lake Addition", said 67.46 feet
being measured pazallel with the extension Southerly of the West line of said Section 26 except
that part thereof embraced in the Registered Land Survey No. 934 as shown in deed Doc.
777300, Files of Registrar of Titles;
Subject to transmission line easement in favor of Northern States Power Company recorded in
office of Register of Deeds on September 10, 1959 as Document No. 3196279, which is 10 feet
wide over that part of Government Lot 1, Section 35 and Government Lot 1, Section 26, all in
Township 118, Range 23, the center line of which is described as commencing at the point of
intersection of the North line of said Government Lot l, Section 35 with a line running parallel to
and 675 feet East of, measured at right angles to the West line of Section 26, Township 118,
Range 23; thence South along the extension of said pazallel line 67.46 feet to the point of
beginning of the center line of the 10-foot easement to be described; thence Northeasterly to a
point on the North line of said Government Lot 1, Section 35 distant 245 feet West along said
North line from its intersection with the West line of Lot 2, "Auditor's Subdivision Number 291,
Hennepin County, Minnesota"; thence Southeasterly to a point on the West line of Lot 2, said
Auditor's Subdivision distant 90 feet South along said West line from the point of intersection of
said West line with the North line of said Government Lot 1, Section 35, according to the United
States Government Survey thereof;