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� � City Form 1985-1
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RIGH � TRY AGREEEMENT
TEMPORARY EASEMENT TO CONSTRUCT SANITARY SEWER IMPROVEMENTS
Sanitary Sewer Project/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 :
l . 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 legally 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
herein stated, includinq but not limited to the accomodation of
equipment , tools , materials and excavated earth at all times prior
to June 30 , 1986 . Said construction easement includes the free
right ot 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 facilitiating the installation 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. Followinq 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 qrass .
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.
IN TESTIMONY WHEREOF, the parties have hereunto set their
hands this � day of ��'�. , 1985 .
l � �� �;
L.
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ers)
t'?�-�
Owners)
CITY OF ORONO
By
STATE OF MINNESOTA ) �My HAN�E80�
) ss . ������
COUNTY OF HENNEPIN )
The foregoing instrument was ackno edge % before me
this � day of -,�' , , 1985 , bY . � �.� �, ��� -z�c
and ,ti1-��.�,:, ��z� -� , ' ` � to
t - ,<< !� ,
me known to be the p rson(s) described in, and who executed the
foregoinq instrument , and ackowledged that they executed the same
as their free act and deed.
�, a�-f;�l, a r`�� C,.1�d �.��W -
Notary Pu lic
STATE OF MINNESOTA )
� S5 .
COUNTY OF HENNEPIN )
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. � I�
4344 IDS Center
Minneapolis , Minnesota 55402
5710f
-2-
, . '
Parcel Description: Commencing at the southwest corner of Lot 6, Elbridge S.
Barnes First Subdivision; thence southeasterly along the southerly line there-
of a distance of 295.08 feet; thence southerly at right angles to the inter-
section with a line drawn easterly at right angles from westerly line of Rail-
road Avenue thru a point in said westerly line 179.06 feet southerly of the
southwest corner of said Lot 6, said intersection being the actual point of
beginning; thence continue southerly at right angles from southerly line of
said Lot 6 to a point 207.06 feet from said southerly line; thence deflecting
left 9 degrees, 09 minutes to the north line of County Road No. 51; thence
weaterly along said north line to a point 125 feet east from easterly line of
Railroad Avenue as measured at right angles therefrom; thence northerly paral-
lel with easterly line of Railroad Avenue to a point of intersect of a line
drawn easterly at right angles from westerly line of railroad Avenue thru a
point in said weaterly line 197.06 feet south of the southwest corner of Lot 6
of Elbridge S. Barnes First subdivision; thence westerly along last described
line to the easterly line of Railroad Avenue; thence northerly along said
easterly line 18 feet; thence southeasterly to the beginning.
A temporary easement for utility purposes over, und'er and across the above de-
scribed parcel as described below:
Commencing at the northeast corner of the above described parcel; thence west
along the north property line for 30 feet; thence south at right angles 50' ;
thence west along a line parallel to the north property line to the east pro-
per[y line; thence north along the east property line to the point of beginn-
ing.
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