HomeMy WebLinkAboutTemporary easement agreement � .
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Doc No 8615972 07/14/2005 01:01 PM
, . �� � � � Certified filed and or recorded on above date:
, , Office of the County Recorder
Hennepin County, Minnesota
S �� � ��1 G l � }� � �����/���'�� Michael H. Cunniff, County Recorder
� �� Deputy 5 TranslD 125891
Fees
$15.00 DOC
$4.50 SUR
$1.00 COPY
$20.50 Total
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� TEMPORARY EASEMENT AGREEMENT
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THIS AGREEMENT , made this .j��� day of � 200�, bet e n Craig M. &
Robin H. Passow, Husband and Wife ("Owner") and City o Orono, a 1Vlinnesota municipal
corporation ("Orono").
RECITALS
A.. Owner is the holder of a fee simple interest in property located in Hennepin County,
Minnesota which is legally described as:
Lot 7 Block l, Painters Creek Addition
Files of Registrar of Titles, County of Hennepin (the "Property")
B. Orono desires certain easements, far the purposes hereafter set forth, and the Owner has
agreed to grant such easements upon the terms and conditions herein.
NOW THEREFORE in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration given to Owner by Orono, the receipt and sufficiency of
which is acknowledged, it is agreed:
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AGREEMENTS ., .. .. , . ; .: �'.' :�.�.., a t��.
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1. Grant of Easements. Owner hereby grants to Orono for the benefit of the public,
a temporary nonexclusive easement over, across and upon that portion of the
Property legally described below(the `Basement Area") for the purposes of a
walking and biking trail access to Lowry Woods Nature Conservation Area.
Easement Area: North 370 feet of the east 5 feet of Lot 7 Block 1, Painters
Creek Addition
2. Maintenance. Orono shall maintain at its own expense the Easement Area. Said
maintenance obligation shall include, without limitation, keeping the same good �
and safe condition for the purpose granted herein and reasonably free and clear of
foreign objects, debris and obstructions. Orono will place signs on the Luce Line
that indicate the location of Lowry Woods and will place a barrier and signs to
prevent motorized vehicles from entering the easement area.
3. Liabilitv and Indemnification: Insurance: Orono hereby agrees to indemnify and
save the Owner harmless from and against any and all suits, demands, liabilities,
costs and other expenses, including reasonable attorney's fees incurred in
connection with or arising out of the use of the Easement Area by Orono, 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. Orono shall be responsible for obtaining and maintaining public
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. • insurance over the Easement Area in such limits as Orono, in its sole direction
deems reasonable and sufficient.
4. Owners Covenants. Owner covenants and agrees that:
a. The Easement Area shall not be encroached upon by fill, excavation,
paving of concrete, erection of buildings or permanent enclosures fences
or wall, or other obstructions by Owner which would interfere with, ar
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.
c. Which has consented to the easement granted herein and that 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 of the Property.
6. Termination of Easements. This Agreement shall terminate three (3) years from
the date signed below. Both parties shall then renew this agreement, write a new
agreement, or terminate this agreement. In the event that use of the Easement Area is
anytime discontinued by Orono, Orono 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, aver or under the Easement area.
IN WITNESS WHEREOF,the agreement has been executed as of the day and
year first written, subject to all of the term and conditions herein set forth.
CITY OF O —— pW
BY �� p �.:�
Its Ma�or � . raig M. Passpw
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By � � �/�=�- ._���,,, ���1�-�_��
� Its City Clerk Robin H. Passow
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this !� f�day of d �-� �.��-L�L'2 �/
200p4�By Barbara A. Peterson and Linda S. Vee , the Mayor and City Clerk, �
respectively, of the City of Orono, A Minnesota Municipal Corporation, who executed
the Agreement and acknowledged that they executed the same on behalf the City of
Orono.
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` MINNESOTA
� ����:�� " � Nota Public
�t;�,y�, �s on exp�res Jan,31,2010 �
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this�,���'� day of � 'J�� (,�,C�nr ,
200y� . By Craig M. Passow and Robin H. Passow, the property owners who executed
the Agreement.
GREGORY A.�qppq � `���� �
.�' ��`Y�►�-MINP�ESOTA Notary Pu i
:,�+:.: My Gonxrd��Jan.31,2005
TRANSFER EN7ERED
NENNEPIN CGU��r`-r,qXv:;Y-R SERVICES
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