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HomeMy WebLinkAboutRight of Entry Agreement � �' ' � �/ � ��� r f'���� � �� Ir� ��u .� � �� �' ����� San �� "S�ight of Entry Construction Easement RIGHT OF ENTRY AGREEEMENT TEMPORARY EASEMENT TO CONSTRUCT SANITARY SEWER IMPROVEMENTS Sanitary Sewer Pro�ect/Crystal Bay The City of Orono (hereinafter "City" ) and the undersigned, (hereinafter "Owners" ) , in consideration of the sum of One Dollar ($1 . 00) and other good and valuable consideration paid to Owners by the City, the receipt and sufficiency of which is hereby acknowledged, agree as follows : 1 . Right to Construct Sewer . The Owners hereby grant to the City, its successors and assigns , the temporary right and easement over and across the real property located in Hennepin County, Minnesota legall-;- described in Exhibit A attached hereto and located generally on the map attached hereto as Exhibit B ( "Property" ) to use and occupy the Property for the purposes here�n stated, includinc: but not limited to the accomodation of equipment , tools , mater�.als and excavated earth at all times prior to June 30 , 1986 . Said construction easement includes the free right of the City, its contractors , agents and employees to enter over , under and upon the Property at all times prior to June 30 , 1986 for the purpose of facilitiatinq the iristallation and construction of the public sanitary sewer improvements on the lands abutting or adjacent to the Property, and includes the right with respect to the Property to excavate, fill and grade soil thereon, to remove trees , bushes , grass and other structures which interfere with construction, and the right to operate machinery and equipment on and over the Property, to store machinery and equipment and materials and supplies thereon in connection with such construction of public improvements , and to do anything necessary or useful or convenient for the enjoyment of the easement herein granted. Following construction, the City will cause to be removed all machinery, equipment , materials and supplies and leave the premises in a neat and presentable manner with all disturbed areas reseeded to grass . 2 . Agreement Documents . This agreement consists of this agreement , Exhibits A and B . 3 . Covenant of Ownership . The Owners covenant that they are the record fee owners of the Property and have legal title thereto and have lawful right and authority, without restriction, to convey and grant the right of entry and temporary easement herein granted. � 3 IN TESTIMONY WHEREOF, the parties have hereunto set their hands this � � day of ,����� .j�, , 1985 . � � (Owner � �' ���, (Owners) CITY OF ORONO By Its STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoinq instzument was ack wl;ledqed before me t h i s "�-� d a y o f -,��-.-, 19 8 5 , by�c�-l�?� "T'4�,���C�2� a n d ✓1�2r�� i� . ��r��- , , t o me kriown to be the person(s} described in, and who executed the foregoing instrument , and ackowledqed that they executed the same as their free act and deed . �= -:��-z/C� 2-: u��z,,._ otary Public STATE OF MINNESOTA ) ��y pUBLEtC MINNESOTA ) 5 s . MENNEPIN COUN COUNTY OF HENNEPIN ) �'�»�'N� The foregoing instrument was acknowledged before me this day of , 1985 , by the of the City of Orono , a municipal corporation, on behalf of the corporation . Notary Public This Instrument Drafted By: Popham, Haik, Schnobrich, Kaufman & Doty, Ltd. ��S�M�I�]-r � 4344 IDS Center " Minneapolis , Minnesota 55402 5710f -2- , � � � . Parcel description: Cominencing ar the aouthwest corner of Lot 6, Elbridge S. Barne� First Subdivisioa of Secti.on 10, Township 117, xaage 23; thence south- easterly 295.81 f�et aloag the eautherly line thereof; theace southweaterly at right anglas 207.06 feet to actual point of beginniag; thence at an angle to left 09° 09' to north line of County xoad #S1; thence east along said north lina and the eame axtended to the ahore of Leke Minnetonka; thence north- easterly along said ahore line ro its interaection with a line parallel vith and 207.06 feet southwesterly from the southwesterly line of aaid Lot 6; thence northweattrly aloag eaid parallel line to the beginning except existing highway. A temporary eaaement for utility purposes over, under and across the above de- scribed parcel aa deacribed below: Commencing at the southwest corner of Lot 6, Elbridge S. Barnes First Sub- diviaion of S10, T117, �23; thence southeasterly 295.81 feet along the aouth- erly line thereof; thence southwesterly at right angles 207.06 feet; thence at an angle to left 09° 09' a distance of 10 feet; thence southeasterly at ri�ht angles a diatance of 60 feet; thence northeasterly at right angles to the northerly line of the above deacribed parcel and there terminating. EXHIBIT A