HomeMy WebLinkAbout1981-05-04 Easement Maintenance Agreement 417793
EASEMENT MAINTENANCE AGREEMENT
This agreement made and entered into this 1 day of , 1981,. by
and between Greenbrier Terrace Company, a partnership consisting of Robert J. Gallivan,
Jr., Adrian D. Marsden and Dale A. Norgren,-'parties of the first part (hereinafter
"Greenbrier"), and Twin City Federal Savings and Loan. Association, parties of the
second part (hereinafter "TCF'!).
Wr'l'NEEETH:
WHEREAS, Greenbrier is the owner of the following property located in .
Washington County, Minnesota, legally described as follows, to-wit:
All that part of NEI of NEL of Sec. 4, T. 29 N., l$, 0 W., Baytown
Township, Washington Co., Minn., described as follows: Commencing at
the NW corner of NEI of NEI of Seca 4, T 28 N., R. 20 W., Washington
Co., Minn.; thence S. along the W. line of said NEI of NEI for 225.9
ft. to the point of beginning of this description; thence continuing S.
along said W. line of NEI of NEI for 290 ft.; thence E. and parallel
with the N. line of said NSI of NEI for 482.7 ft.; thence by a deflection
angle to the left of 112'06' for 275.3 ft.; thence N. end parallel with
said W. line of NEI of NEI for 10 ft.; thence IV. and parallel with said
N. line of said NEI of NEI for 55 ft.; thence N. and parallel with said
W. line of NEL of NEI for 25 ft.; thence W. and parallel with said N.
line of NEL of NEI for 330 ft. to the point of beginning.
EXCEPT:
That part of they Northeast I of the Northeast I of Section 4, Township
29, Range 20, Washington C'Junty, Minnesota described as follows:
Commencing at the Northeast corner thereof; thence South along the
West line thereof 225.9 feet to the point of beginning of the tract to be •
described; thence East parallel to the North line of said Northeast I of
the Northeast I a distance of 330 feet; thence South parallel with the
West line of said Northeast I of the Northeast I a distance of 25 feet;
thence East parallel with the North line of said Northeast 4 of the
Northeast I a distance of 55 feet; thence South parallel with said West
line, a distance of 10 feet; thence deflect to the left on an angel of 22
06' to a point in a line drawn parallel with said North line and distant
428.07 feet South therefrom; thence Westerly along said last described
line to a point in the West line of said Northeast s of the Northeast I,
thence North along said West line to the point of beginning.
and
WHEREAS, Greenbrier is the owner of a Vendee's interest in the following
property located in Washington County, Minnesota, legally described as follows, to-wit:
All that part of the Northeast Quarter of the Northeast Quarter (NEI
of NEI) of Section 4, Township 29 North, Range 20 West, in the Village
of Oak Park Heights, Washington County, Minnesota described as follows:
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Commencing at the northwert corner of NEL of NEI of Section 4, Township
29 North, Range 20 Wast, Washington County, Minnaotn; thence southerly
erg the-..West fine of 'mid NEI of NEI on an assumed bearing of South
1 24' 30" East for 545.9 feet to the point of beginning of this description;
ttsenee East and parallel with the North line of said NEI of NEI for
425.4 feet; thence South at right Anglia for 32.7 feet; thence East and
parallel with said North line of NEI of NO for 97.7 feet! thence southerly.
bb a deflection angle to the right of 8$ 21! and on a- hearing of South
1 39' last, for 111.41 feet to the South line Of The North 40 rods of
said NEI of NEL; thence West along said South line of the North 40 rocs ""
of NEL If NEL for 523.1 feet to said West line of NEL of NEL; thence
North 1 24' 30" Wast Mang said West line of NEI of NEL of Section 4
for 144.1 feet to the point of beginning.
and
WHEREAS, TCF is the owner of the property located in Washington County,
4iimiesota, legally described as follows, to-wit:
That part of the Northeast I of the Northeast I of Section 4, Township
29, Range 20, Washington County, Minnesota described as follows:
Commencing at the Northeast corner thereof; thence South along the
West line thereof 225.9 feat to the point of beginning of the tract to be
described; thence East parallel to the North line of said Northeast I of
the Northeast 4 a distance of 330 feet; thence South parallel with the
West line of said Northeast I of the Northeast I a distance of 25 feet;
thence East parallel with the North line of said Northeast I of the
Northeast I a distance of 55 feet; thence South parallel with said West
line, a distance of 10 feet; thence deflect to the left on an angel of 22
06' to a point in a line drawn parallel with said North line and distant
428.07 feet South therefrom; ':pence Westerly along said it :t described
line to a point in the West line of said Northeast I of the !Northeast 4,
thence North along said West line to the point of beginning.
WHEREAS, Greenbrier and TCF are the owners of an easement for sanitary
sewer purposes over property located in Washington County, Minnesota, which easement
is legally described as follows:
(See attached Exhibit "A")
WHEREAS, said sanitary sewer easement benefits property owned by both
Greenbrier and TCF; and
WHEREAS, it is the desire of the parties to provide for the maintenance of
said sanitary sewer easement,
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties hereto agree as follows:
1. It is understood and agreed that the party of the first part will and does
hereby assume ar • igree to pay one-half and the party of the second part will and
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does hereby assume and agree to pay one-half of the cost of maintaining said sanitary
sewer easement including underground sanitary sewer maintenance, pipes end
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appurtenanceswithin said easement contained within Trnct A,.Registered Lane Survey
No. S0, Washington County, Mtnhlesots.
2.. .Any maintenance, operation or repair of said underground sanitary newer
A
Mains, pipes and appurtenances necessary within-the boundaries of the property owned
by TC.P shall be the responsibility of. TCP.
3. Arty maintenance, operation or repair of said underground sanitary sewer
mains, pipes and appurtenances necessary within the boundaries of the property owned
by Greenbrier shall be the responsibility of Greenbrier.
4. This agreement shall run with the land and shall be binding on the successors
and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
GREENBRIER TERRACE COMPANY
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STATE OF MINNESOTA )
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COUNTY OF )
On this ��- day of 01 l ^-f , 1981, before me, personally appeared
F R e N , to met personally known, who, being by me duly
sworn did say the e is a partner of the partnership named in the foregoing instrument;
and that said instrument was signed in behalf of said partnership end he acknowledged
said instrument to be the free act and deed of said partnership.
▪MMV1M7ki' /.4AA/.•V.J/'.' # ...A Fif
Notary Public
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c E U =M LOAN ASSOCIATION
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STATE OF MINNESOTA )
COUNT f OF )
On th;( Ute day of 1981, before me, personally appeared
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and . • 3 � to me
persona y wn, Who Wag 1 me duly sworn t e d says that t ey are respectively
the c ;' and thecd-Lsi of the
corpora on nem n t e orego og t instrument, an a tie sea. a x to said
Instrument is the cc{porate seal of said corporation,- and that said instrument was
signed and sealed-in behalf of said corporation and. they acknowledged said instrument
to be the free act and deed of said corporation.
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II
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• That part 'of the Northeast of the N(ri theist # of Section 4, Township 29, Range
20, Washington County, Minnesota desorlhed as followsi Commencing at the Northwest
corner thereof; thence South along the West line thereof 225.9'feet to, the point .of •
beginning of the tract to'be described; thence East parallel to the North line of Mid
Northeast 4 of the Northeast A a distance of 330 feet; thence Smith parallel with the
West line of said Northeast I of the Northeast 4 a distance of 45 feet; thence East
parallel with the Horth line of said Northeast. I of Hie Northeast i a distance of 55
feet; thence South parallel with said West line, a distance of 10 feet; thence deflect
to the left on an angle of 22 06' to a point in a line drawn parallel with said North
line and distant 428.0? feet South therefrom; thence Westerly along said last described
• 'line to a point in. the West line of said-Northeast i of the Northeast 4, thence North
along said tVest line to the point of beginning.
A 30.00 foot temporary construction easement and a 10.00 foot perpetual casement
• for sanitary sewer purposes over, under and adross that part of the Northeast Quarter
of the Northeast Quarter of Section 4, Township 29, Range 20, Washington County,
Minnesota. Said temporary construction easement being 15.00 feet to the left and
15.00 feet right of the following described line, and said perpetual easement being
5.00 feet on each side of said following descrit'ed line. Said line is described as
follows:
•
Commencing at the Southwest corner of Tract A, Registered Land Survey• -
No. 69, Washington County, Minnesota; thence easterly along the south
line of said Tract A a distance of 64.20 feet to the point of beginning
of the line to be described; thence North 0 degrees 24 minutes 55 seconds
East (assuming the West line of said Northeast Quarter of the Northeast
Quarter has a bearing of North) a distance of 100.00 feet, and said line
there terminating.
Together with a 25.00 foot temporary construction easement and a 10.00 foot pe^petual
easement for sanitary sewer purposes over, under and aero the first above described
property. Said temporary construction easement being 15.00 feet to the left and 10.00
feet to the right of the following described line, and said perpetual easement being
5.00 feet on each side of said following described line. Said line is described as
follows:
Beginning at the terminus of the above described line; thence North 0
degrees 24 minutes 55 seconds East a distance of 40.00 feet, and said
line there terminating.
Together with a 30.00 foot temporary construction easement and a 10.00 foot perpetual
easement for sanitary sewer purposes over, under and across the first above described
property. Said temporary construction easement being 15.00 feet to the left and 15.00
feet to the right of the following described line, and said perpetual easement being
5.00 feet on each side of said following described line. Said line is described as
follows:
Beginning at the terminus of the above described line; thence North 0
degrees 24 minutes 55 seconds East a distance of 391.93 feet more or
less to the south line of the north 428.07 feet of said Northeast Quarter
of the Northeast Quarter, and said line there terminating.
The side lines of said casement are to be prolonged or shortened to begin on the south
line of said Tract A and terminating on the south line of the north 428.07 feet of
said Northeast Quarter of the Northeast Quarter. Said temporary easements to expire
December 31 , 198 1.
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EXHIBIT "il"
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