1996-12-03 Easement
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EASEMENT
KNOW ALL MEN BY THESE PRESENTS, Donald G. Barthel and Betty L. Barthel
(hereinafter called "Grantors"), in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration to Grantors in hand paid by Kenco Construction, Inc., a
Minnesota corporation (hereinafter called "Kenco"), does hereby grant unto Kenco, its
successors and assigns, the perpetual right, privilege and easement to construct, install,
operate, maintain, use, rebuild or remove (i) sanitary sewers, water mains and lines
(collectively the "Utilities"), and with stub lines as may be attached thereto and for the
operation, maintenance and use of said utilities through, over, under, upon and across the
following described property situated in the Count):. of Wright, State of Minnesota, to-wit:
See Exhibit A attached hereto and made a part hereof.
This rights granted herein may be exercised at any time subsequent to the execution of
this document.
The grant of easement herein contained shall also include the right of Kenco to have
reasonable access to said easement parcel for installation and maintenance purposes across the
property of Grantor adjacent thereto, said access to be designated by Grantor within a
reasonable time upon request by Kenco. Kenco shall repair and/or replace any structures or
personal property damaged during maintenance or repair of the easement.
The grant of easement herein contained shall include the right to enter upon the
property of Grantor to survey for and locate said transmission lines and shall also include the
right to remove from said strip of land any structures, trees (including the roots of trees
interfering with said utilities) or objects which in the opinion of Kenco will interfere with the
installation, use and maintenance of said utilities.
Grantor reserves the right to use and occupy said strip of land, except that, without the
prior written approval of Kenco, Grantor shall not erect any structures, or other objects,
permanent or temporary, other than the installation of a cement or black top driveway, or
plant any trees thereon without prior written consent of Kenco. Grantor further agrees that
they will not perform any act which will interfere with or endanger said utilities.
Grantor covenants with Kenco, its successors and assigns, that Grantor is the owner of
the above described premises and has the right to sell and convey an easement in the manner
and form aforesaid.
The rights herein granted are subject to existing rights-of-way for highways, roads, or
other utility easements heretofore granted across any part of the lands affected by this
instrument.
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It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written,
have been made modifying, adding to or changing PIe terms hereof.
~N WITNESS WHEREOF, We have hereto set our hands and seal this"'"'-_t
..Il.-J ~ , 1996.
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day of
w~~
Betty L. B el
STATE OF MINNESOTA )
~ ,,)ss.
COUNTY 0"'\ v~
b. The foregoing instrument has. been acknowledged before me this U day of
. . . _~ ~: 1996, by Donald G. Barthel and Betty L. Barthel, husband and wife.
GAIL M. HINRICHS
NOrMY pwuc . MINNI80TA
ttINNIPIN COUNTY
III .. . r ...... toHl
dztJ m~0
'Notary Public
EFP/djdl4295-07.DO III 02996
2.