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HomeMy WebLinkAbout4.j. Country Hills 6th Addition Easement AgreementCITY OF ROSEMOUNT EXECUTIVE SUbDMRY FOR ACTION CITY COUNCIL MEETING DATE: November 17, 1992 AGENDA ITEM: Country Hills 6th Addition AGENDA SECTION: Easement Agreement Consent PREPARED BY: Bud Osmundson AGEND City Engineer/Assistant Public Works Director!4 ATTACM1ENTS: Agreement P ZL6L Attached is an easement agreement between the City of,Rosemount and U. S. Home Corporation for a temporary cul-de-sac at ,the intersection of the north property line of the Country Hills 6th Addition and Danube Lane. The easement is located on Lot 1, Block 1 of the Country Hills 6th Addition. This provides the City with an emergency turnaround for maintenance and emergency vehicles, and was a stipulation for final plat approval. The.agreement provides that U. S. Homes make a cash payment of $3,000 to the City, which will be used to remove the temporary cul-de-sac - upon the construction of the northerly extension of Danube Lane into the Kelly property at some point in the future. RECOWUMED ACTION: MOTION TO APPROVE THE EASEMENT U. S. HOMES FOR COUNTRY HILLS 6TH ADDITION AND AUTH SIGNATURES. COUNCIL ACTION: A REEMENT WITH ZE THE NECESSARY 1 EASEMENT AGREEMENT THIS INDENTURE made this day of between U.S. Home Corporation, a Delaware Corporation, hereinafter refe 19 , by and to as "Grantor". and the City of Rosemount, a municipal corporation organized under the laws of the State of Minnesota, the Grantee,- hereinafter referred to as the "City". The Grantor, in consideration of one Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgedil does hereby grant unto the City, its successors and assigns, forever, a temporary easement and!, right-of-way for street turnaround purposes at the temporary dead end of Danube Lane at the northerly boundary of the Country Hills Sixth Addition over, across, on, under and through land situated within the County of Dakota and State of Minnesota as described on attached Exhibit "A"; INCLUDING the rights of the City, its contractors, agents, servants and assigns, to enter upon the easement premises at all reasonable times to construct, reconstl'ruct, inspect, repair and maintain the street turnaround over, across, on, under and through the easement premises, together with the right to grade, level, fill, drain, pave and excavate the easement premises, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said street turnaround. TO HAVE AND TO HOLD the same unto the City, its successors and assigns until expiration of the easement. The easement will expire upon the extension niortherly of Danube Lane into the property adjacent and north of the Country Hills Sixth Addition plat. The City of Rosemount, by acceptance of this temporary easement, covenants that promptly upon the expiration of the easement it will repair and restore the easement and turnaround including but not limited to the excavation and disposal of the street turnaround material, restoration !, with sod and black dirt, connection of driveways to Danube Lane and the extension of sidewalk to the northern boundary of the Country Hills Sixth Addition, all at its own expense and at no expense, to Grantor. The above named Grantor, for itself, its successors, and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises and has the sole right to grant and convey the easement to the City. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. GRANTOR: U.S. HOME CORPORATION Division Sr. Vice President GRANTEE CITY OF ROSEMOUNT 13'A , Mayor BY: City of Rosemount STATE OF MINNESOTA COUNTY OF ) The foregoing was acknowledged before me this 19 by Lee W. Johnson, the Division Sr. Vice Presi corporation under the laws of Delaware, on behalf of _the core I �h day of of U.S. Home Corporation, a SUSAN M. WALSH NOT DAKOTA �N TA MY Can% E*kw Jts» 11,1998 STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of 19 before me, a Notary Public within and for said County, personally appeared and , personally g y y y at they are respectively the to me ersonall known, who, being each b me duly sworn, did say that Mayor and City of the City of the municipal corporation named in the foregoing instrument, and that the seal affix$d to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public DRAFTED BY: Orrin Thompson Homes 8421 Wayzata Boulevard #300 Golden Valley, MN 55426 (612) 544-7333 y `:,IetoR CCA.MPTR'Iv v■ Jensen L.:ke STY _ — - ..t 2L ::3 s 120th ST a VaIleywood � Municipal s C c Course /1 C wolf j r TONE z CO. 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