2005-08-09 Heuring Temp Agreements
ANDY L. BOND
ATTORNEY AT LAW
SUITE 320
8441 WAYZATA BOULEVARD
GOLDEN VALLEY, MN 55426-1344
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TELEPHONE: (763) 277-2002
FAX: (763) 277-2018
August 9, 2005
City of Albertville
5975 Main Avenue N.E.
P. O. Box 9
Albertville, MN 55301
ATTENTION: Larry Kruse, City Administrator
RE: Robert Heuring
Dear Larry:
Enclosed please find the Temporary Easement Agreement and Temporary Construction
Agreement which have been executed by Robert C. Heuring and Christine A. Heuring. Please
return a copy of the fully executed Temporary Easement Agreement after it has been executed by
the City.
Very truly yours,
LL~L b--c
Andy L. Bond
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Enclosures
cc: Robert Moberg, PE
Short Elliott Hendrickson, Inc.
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
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TEMPORARY EASEMENT AGREEMENT
This agreement is entered into this g ~ day of f\uSt,,,-\ ,
2005 between the City of Albertville ("City"), and Robert C. Heuring r nd
Christine A. Heuring (collectively "Heuring").
Grant of Easement. Heuring agrees to provide the City with a temporary
easement to facilitate the installation of the Prairie Run improvements, said
temporary easement to be in the same form as that attached as Exhibit A to this
Agreement. Said easement shall be granted prior no later than August 8, 2005.
Heuring understands and agrees that the following will occur on the property
described in Exhibit A:
1. Heuring will remove and dispose of the com crib, including its foundation,
which is located on the property described in Exhibit A. Said corn crib and
foundation to be removed by August 5,2005.
2. The City will remove and dispose of three box elder trees located on the
property described in Exhibit A.
3. The City will regrade the land located on the property described in Exhibit
A and to the extent described and in Exhibit A. Grading will consist of
removing soil to create a slope that matches street and sidewalk
improvements.
Consideration. The City agrees to leave any black dirt generated by the slope
grading on the property. The City further agrees to pay Heuring $3.00 per cubic
yard (excavated volume) for soil removed from the site (except black dirt). The
City also agrees to furnish and install six maple trees and provide a concrete
driveway access from the curb through the sidewalk and to restore the area cut
pursuant to the agreement on Lot 16 with sod and will seed the area cut pursuant
to the agreement on Outlot C. Finally, the City agrees to stake the perimeter of
the .existing drainage easement on Outlot B of the Prairie Run plat. Heuring will
be responsible for surfacing the remainder of the driveway. Heuring will also be
responsible for watering and maintaining the sod .once it is installed on Lot 16.
Special Assessments. This easement agreement shall not alter or change the
Agreement For Waiver Of Objection To Special Assessment Associated With The
2004 Prairie Run Improvement Plans between Heuring and the City.
Time Of Essence. Time is of the essence in this Easement Agreement.
Entire Agreement. This Easement Agreement, aI1Y attached exhibits and any
addenda or amendments signed by the parties, shall constitute the entire
Agreement between Heuring and the City, and supercedes any other written or
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oral agreements between Heuring and the City related to the purchase of the
easement. This Easement Agreement can be modified only in writing signed by
Heuring and the City .
CITY OF ALBE~
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Mayor
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EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this g~ day of Av~!", , 2005, by
and between Robert C. Heuring and Christine A. Heuring, collectively, Grantors)
and the City of Albertville, Wright County, Minnesota, (Grantee).
WITNESSETH:
WHEREAS, Grantors are the individuals with an ownership interest in the
real estate hereinafter described.
That for good and valuable consideration, the receipt of which is hereby
acknowledged, Grantors have this day bargained and sold, and by these presents
do bargain, sell and transfer unto the City of Albertville its successors and assigns
the following:
A temporary construction easement over, under and across that area
shown on the attached Exhibit A over Lot 16, Block 1 and Outlot C
of the Prairie Run Plat, Wright County, Minnesota. Said temporary
construction easement expires December 31, 2006.
Grantors do hereby covenant with the City of Albertville, that they are
lawfully seized and possessed of the real estate above described.
IN WITNESS WHEREOF, the said parties have caused this instrument to
be executed the day and year first above written:
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