RES 09-028~~V~~V~~~~ ~] ~~
~..
~E~L~JT~0~1 EAR TAE QTY ~~ E~.K ~IYER
A RE~LU'TIN FAR V'AA~~N A DRAI~AE ~~D UT~L,~T
Y
E~1E~IENT
base ~Vo, E'V ~9~4r
H~~E,A., the applicant has ~+~usted the i Cau~c~. ~ a e~it~an dated A ,'
~' p p~~l ~ 7,
2a49 to vacate such ease~ne~3ts acca~di~g to Xaw; aid,
1I~ER~A, a p~b.~c hear urns held on l~Iay ~ 1 S, ~~~9, before the Ci Council
~l tY at the
~~ R~ve~ City ~ o~ such petitia~ after duly published and acted ~a~.ce
had been given aid all persons interested mere iven a~ o axtuni to be
~~
heard; and,
~EI~.~A, it appears that it gill lie in the best interest ^£ the Ci to a. rave su
. pp ch
pet~tian.
~~', ~`~~R.EF`~R~, $E ~'~ R~~I~~~x] that such etiti,o~ is hereb ~a~ted a~~
p yg d
the d~~,inage aid utility easement described i~ ~hibit ~ is hereb vacated•
sub' ect to the £ollou~in can ' ' ~
~ g chtto~.s;
~. A revised easement (attached} be recorded
~.dopted by the ~ll~ Rivc~~ City Council this ~ ~`~' da of IMa , ~Da,
~ y
~~r ` f I
i*'
r ,~,•'
Tina ~.J1ard, C~t~r Cletl~
~~ T
Step nie ~~.ir~~i~n, '~ ~y~~
•
EXHIBIT A
EXI-IIBIT B
LEGAL DESCRIPTION OF EXISTING EASEMENT
In consideration of the sum of one Dollar ($1.00) and other valuable consideration the
receipt of which is hereby acknowledged we, May Gagen and A. IVL Gagen, her husband do
hereby grant and conveyto the Village of Elk River, Sherburne County, Minnesota, a
municipal Corporation, its successors and assigns, the right to construct, maintain, repair and
operate a sanitary sewer, with the right of ingress and egress on a strip of land twenty feet
(20') in width, lying ten feet (10') on each side of the sewer pipe line as the same maybe
constructed by the Village across the property owned by said persons situated in Sherburne
County, State of Minnesota and known and described as follows:
The South Half of Lots Eleven (11), Twelve (12), Thirteen (13) and Fourteen (14), in Block
Four (4), Thomas' Addition to the Village of Elk River.
This easement hereby granted shall cease whenever the use of the municipal sewerage
system, or that portion thereof of which this proposed line of sewer is a part, shall be
• permanently abandoned.
(Aforementioned Easement in favor of the City of Elk River dated September 20, 1946 and
August 27, 1946, filed of record June 21, 1947, in Book O of Misc., Page 259 and 260.)
•
•
EASEMENT AGREEMENT
FOR UTILITY PURPOSES
THIS EASEMENT AGREEMENT is made on this / ~~ day of ~ , 2009 by and
between Richard C. Foster, a single person ("Grantor") and the City of Elk River, a ~ nesota Municipal
Corporation ("Grantee").
RECITALS
• Grantor is the owner in fee simple of real property in the County of Sherburne, Minnesota, which is
legally described on Exhibit A attached hereto (the Property). Grantor desires the vacation of the
existing sanitary sewer easement over the Property. Grantor desires a permanent easement over a
portion of the Property for maintenance of certain utilities.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficienry of which are hereby acknowledged by Grantors:
Easement Vacation -Grantee hereby vacates the existing utility easement as legally described on
Exhibit B attached hereto and incorporated herein, over the real property which is legally described
on Exhibit A attached hereto and incorporated herein.
2. Permanent Easement -Grantor hereby grants to the Grantee, its successors and assigns, a
permanent easement (the Easement Tract) for utility purposes over, under, upon, and across that
portion of the Easement Tract, said permanent easement is legally described on Exhibit C and shown
on Exhibit D. The Easement Tract shall permanently run with the title to the Property and shall
inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors,
and assigns, including, but without limitation to, all subsequent owners of the Easement Tract and all
persons claiming under them.
3. Use of Easement Tract -Grantor hereby agrees that he will not perform or allow or cause the
construction of any additional improvements on the Easement Tract (without prior written consent
from the Grantee) which could damage or obstruct the Permanent Easement or interfere with the
Grantee's access to or the Grantee's right to maintain, and repair the utilities and drainage on the
• Easement Tract.
230000M/0325/Emt-052302-Template.doc 1 Form 2A
4. Warranty of Title -Grantor represents and warrants to the Grantee that he is the only owner of fee
• simple title to the Easement Tract, and that there are no owners of mortgages, contracts for deed,
leases, rental agreements, occupancy agreements, or any other encumbrances or verbal or written
agreement of any nature whatsoever affecting title to the Easement Tract. Grantor, on behalf of
himself, his successors, and assigns, hereby indemnify and hold harmless the Grantee against and
from any and all claims for loss, damage, or expenses which may be incurred or asserted by Grantor
or any party whose consent is required to be obtained hereunder, in connection with this Easement
Agreement or Grantee's use of the Easement Tract pursuant to this Easement Agreement.
Governing Law -This Easement Agreement shall be construed and governed by the laws of the
State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement on the above
date.
•
•
GRANTEE:
CITY OF ELK RIVER ,
Bv:
~ _
Its: ayor
~ ,.
B -~
Its: Clerk
230000M/0325/Emt-052302-Template.doc 2 Form 2A
•
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
ff
This instrument was acknowledged before me this ~ ~ day of t~. C 2009, by
Stephanie A. Klinzing and~e~arirdt:, the Mayor and City Clerk respectively of the City of Elk
River, a Minnesota Municipal~orporation, on behalf of the Corporation.
JENNIFER 0. JOHNSON Jf ...~ '` `~'~-~ ~ ~ ~ _._.
- ~ ` NOTARYPUBLIC -MINNESOTA
` NY Commission Expires Jan. 31, 2010 Notary Public
•
STATE OF MINNESOTA
ss.
COUNTY OF ~SSsf~-~~:12~r~~
This instrument was acknowledged before me this -~-.- day of ~"~`~~ , 2009,
by Richard C. Foster, a single person.
1~
u
EDWARD C. YOUNGQUIST
NOTARY PUBLIC -MINNESOTA
MY COMMISSION
EXPIRES JA N. 31, 201 0
230000M/0325/Emt-052302-Tem plate. d oc
Notary Pu c
Form 2A
•
E~iI-IIBIT A
PROPERTY LEGAL DESCRIPTION
•
•
The South 75 feet of Lots 12, 13, and 14, Block 4, THOMAS'S ADDITION TO THE VILLAGE OF ELK
RIVER, according to said plat on file and of record in the office of the County Recorder, Sherburne County,
Minnesota, except the West 40 feet of said Lot 12.
230000M/0325/Emt-052302-Template.doc 4
Form 2A
•
EXHIBIT B
LEGAL DESCRIPTION OF EXISTING EASEMENT
In consideration of the sum of one Dollar ($1.00) and other valuable consideration the receipt of which is
hereby acknowledged we, May Gagen and A. M. Gagen, her husband do hereby grant and convey to the
Village of Elk River, Sherburne County, Minnesota, a municipal Corporation, its successors and assigns, the
right to construct, maintain, repair and operate a sanitary sewer, with the right of ingress and egress on a strip
of land twenty feet (20~ in width, lying ten feet (10') on each side of the sewer pipe line as the same may be
constructed by the Village across the property owned by said persons situated in Sherburne County, State of
Minnesota and known and described as follows:
The South Half of Lots Eleven (11), Twelve (12), Thirteen (13) and Fourteen (14), in Block Four (4),
Thomas' Addition to the Village of Elk River.
This easement hereby granted shall cease whenever the use of the municipal sewerage system, or that portion
thereof of which this proposed line of sewer is a part, shall be permanently abandoned.
•
(Aforementioned Easement in favor of the City of Elk River dated September 20, 1946 and August 27, 1946,
filed of record June 21, 1947, in Book O of Misc., Page 259 and 260.)
•
230000M/0325/Emt-052302-Template.doc 5 Form 2A
•
EXHIBIT C
LEGAL DESCRIPTION OF PROPOSED EASEMENT TRACT
A 15 foot perpetual easement for utility and purposes over, under, and across that part of the following
described property:
The South 75 feet of Lots 12, 13, and 14, Block 4, THOMAS'S ADDITION TO THE VILLAGE OF ELK
RIVER, according to said plat on file and of record in the office of the County Recorder, Sherburne County,
Minnesota, except the ~kjest 40 feet of said Lot 12.
Said easement being described as follows:
t The South 15 feet of Lots 12, 13, and 14, Block 4, THOMAS'S ADDITION TO THE VILLAGE OF ELK
RIVER, according to said plat on file and of record in the office of the Counts- Recorder, Sherburne County,
Minnesota, except the ~Xlest 40 feet of said Lot 12.
•
230000M/0325/Emt-052302-Template.doc 6 FOrm 2A
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