2006-04-24 Easement Agreement
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EASEMENT AGREEMENT
TillS AGREEMENT, is made and entered into this ::l 41 ~ay of April, 2006,
by and between Donald Barthel and Betty L. Barthe~ husband and wife, (together,
"Grantor"), and State Bank of Long Lake, a Minnesota [mancial corporation,
("Grantee"):
RECITALS
WITNESSETH, that the Grantor is the owner of that tract of land in the County
of Wright, State of Minnesota, described as follows:
Outlot A, Block 2, Barthel Commercial Park Second Addition,
and the Grantee is the owner of that tract of land in the County of Wright, State of
Minnesota, described as follows:
Lot 1, Block 1, Albertville Crossing Third Addition.
The Grantor and Grantee have agreed upon the easement provisions hereinafter
described:
NOW THEREFORE, in consideration of One Dollar and other good and
valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby
acknowledged, and the mutual covenants herein, the Grantor and Grantee agree as
follows:
1. Easement Granted. Subject to the terms and conditions of this Agreement,
Grantor hereby grants, transfers, conveys and declares, an easement under, over and
through the following portion of Grantor's property, (the "Easement Tract"), which
easement shall burden the Grantor's property and shall be appurtenant to and for the
benefit of Grantee's property:
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A 20 foot wide strip ofland across Outlot A, BARTHEL COMMERCIAL PARK
SECOND ADDITION, Wright County, Minnesota, the center line of said strip is
described as follows:
Commencing at the southwest comer of said Outlot A; thence on an assumed
bearing of North 89 degrees 25 minutes 09 seconds East, along the south line of
said Outlot A, a distance of 11.66 feet to the point of beginning of the center line
to be described; thence North 7 degrees 55 minutes 34 seconds East a distance of
56.97 feet and said center line there terminating.
2. Storm Drainage Purpose. The easement shall be used exclusively for the
following purposes: installation, maintenance, repair, replacement and use of a storm
sewer main, storm water collection, retention, detention and distribution lines, conduits,
pipes and other related apparatus, under, over and across the Easement Tract. All lines,
conduits, pipes and other apparatus for water drainage are herein called the "Water
Detention and Drainage Facilities." The easement granted herein shall include the right
of reasonable ingress and egress with respect to the Water Detention and Drainage
Facilities required to install, maintain and operate the same.
3. Construction of Water Detention and Draina~e Facilities. Construction of the
Water Detention and Drainage Facilities on the Easement Tract shall be in accordance with
the plans and specifications approved by the City of Albertville. The cost thereof,
including without limitation, all engineering costs, legal costs, recording fees,
construction costs, and other associated costs in connection with construction of the
Water Detention and Drainage Facilities, shall be paid by the Grantee.
4. Mechanic's or Construction Liens. If, because of any act or omission (or
alleged act or omission) of Grantee, any mechanic's or construction lien shall be filed
against the Easement Tract (whether or not such lien is valid or enforceable as such), the
Grantee shall cause same to be discharged of record, or bonded, with respect to the
Easement Tract, within thirty (30) days after being notified of the filing thereof; and the
Grantee shall indemnify and save harmless the Grantor, from all costs, liabilities, suits,
penalties, claims and demands, including reasonable attorneys' fees resulting therefrom.
5. Binding Effect. The easement created hereby and other terms of this Agreement
shall be considered covenants running with the land, and shall be binding upon the inure
to the benefit and burden of the respective owners of the Grantor's and Grantee's
properties, and their respective successor, heirs, personal representatives and assigns who
become the owners. The Grantor and Grantee now, and hereafter their respective
successors, heirs, personal representatives and assigns owning any portion of the
properties herein, shall be liable for performance of all covenants, obligations and
undertakings herein set forth.
6. Recitals. The recitals set forth herein are incorporated herein for all purposes.
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7. Covenants Runnin~ with the Land. All easements and covenants described
herein are perpetual and shall run with the land. Provided, however, any transfer of
ownership of Grantee's property, by conveyance, operation oflaw or otherwise, shall
operate to relieve such transferring Grantee from liability for costs or obligations arising
hereunder after the date of such transfer, but such transferring Grantee shall remain liable
for any costs incurred while such transferring Grantee was bound by the terms of this
Agreement.
8. Severability. If any provision of this Agreement is held invalid, the validity of the
remainder of the Agreement shall not be affected thereby.
9. Failure to Enforce Not a Waiver. No provision contained in this Agreement
shall be deemed to have been abrogated or waived by reason of any failure to enforce or
exercise the same.
10. Recording. This Agreement shall be filed against the title to the respective
properties of the Grantor and Grantee.
11. No Gift or Public Dedication. Nothing contained in this Agreement will be
deemed to be a gift or dedication of any portion of the Grantor's or Grantee's property to
the general public for the general public or for any public purpose whatsoever, it being the
intention of the parties that this Agreement be strictly limited to and for the purposes
expressed herein.
12. Governin~ Law. This Agreement has been entered into in the State of Minnesota
and shall be governed by and construed under the laws of the State of Minnesota.
IN WITNESS WHEREOF, the undersigned has executed this Agreement as of
the day set forth above.
STATE BANK OF LONG LAKE
tAJ!(~ \J 1-
By: Michael Byrne
Its: President
Donald arthel .
Be@~-~
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STATE OF MINNESOTA)
)ss.
COUNTY OF\>J/,(;~ )
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The foregoing instrument was acknowledged before me this..2'-"/ day of April,
2006, by Betty L. Barthel and Donald Bart~~~l' wife ~d hllS~r~
JAYV. EUlL Not blic
NOTARY PUBLIC. MINN!SOfA
My Commission Exp/rea .Ian. 31, 2010
)ss.
COUNTY OF HENNEPIN)
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The foregoing instrument was acknowledged before me this2Lf day of April,
2006, by Michael Byrne, the President of State Bank of Long Lake, a Minnesota financial
corporation, on behalf of the corporation.
JAYV. EUlL
NOTARY PUBLIC. MINNeSOTA
My Commission ExpIres Jan. 31, Z010
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THIS INSTRUMENT DRAFTED BY:
STANDKE, GREENE & GREENSTEIN, LTD.
17717 Highway 7
Minnetonka, Minnesota 55345
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PROPOSED
STORM
SEWER
EASEM EN T ---...,~\
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SOUTHWEST c: \
CORNER OF OUTLOT A. '
BARTHEL COMMERCIAL \
PARK SECOND ADDITION-,
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ALBERTVILLE CRO~SING THIRD ADDITION
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BARTHEL
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LOT
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LOT
SEWER
EASEMENT EXHIBIT
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APRIL 10, 2006
S
INCH = 100 FEET
BARTHEL
COMMERCIAL
PARK
SECOND
ADDITION
OUTLOT
A
PROPOSED STORM SEWER EASEMENT
A 20 foot wide strip of land across Outlot A,
BARTHEL COMMERCIAL PARK SECOND ADDITION,
Wright County, Minnesota, the center line of said
strip is described as follows:
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~~~~C?:;, Commencing at the southwest corner of said
"a~~ Outlot A; thence on an assumed bearing of North
~~-j)9-o... 89 degrees 25 minutes 09 seconds Eost, along
Qz..' the south line of said Outlot A, a distance of
\ 11.66 feet to the point of beginning of the
\ center line to be described; thence North 7
L degrees 55 minutes 34 seconds East 0 distance
of 56.97 feet and said center line there
terminating.
The side lines of said easement shall be prolonged
or shortened to terminate on said south line.
OUTLOT
A
1
APRIL 10. 2006
11432-STORM EXHIBIT
Anderson Engineering of Minnesota, LLC.
CIVIL ENGINEERING AND LAND SURVEYING
13605 1ST AVENUE NORTH, SUITE 100, PLYMOUTH. MN 55441 TEL (763 383-1084 FAX 763 383-1089
RECEIPT
Office of
County
Recorder
Wright County
Date 1- ;;Z b - 0 (;:;,
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Name. .f..i.e..C.f.... .ad.... PC.-ft?.(J.........
...........................................................................
Instrument
Amount
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Signed........ .... .................................................. ............