4.12. SR 06-15-2020 - Laserfiche WebLink

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PERMANENT EASEMENT This agreement is made between the City of Elk River, a municipal corporation, GRANTOR and the County of Sherburne, a political subdivision of the State of Minnesota, GRANTEE which is effective as of the _____ day of ____________________, 2020. PERMANENT EASEMENT For the agreed upon amount the Grantor hereby convey to the Grantee a perpetual and assignable easement interest and right of way in, over and across the following described land for the location, construction, operation, maintenance, alteration and replacement of road and appurtenances thereto; and other vegetation, structure or obstacles within the limits of the right of way as well as the right to lay, construct, repair, maintain, operate, renew and replace roadway improvements, sanitary sewer and storm drain collections systems, water distribution systems, public utilities (including but not limited to electric power lines, cable lines, telephone lines, natural gas lines and optic fiber lines) and appurtenances. The Grantee shall also have the right within the permanent easement to create, maintain, repair or alter within the right of way pedestrian walkways, bike pathways, recreational or snowmobile trails and other alternative modes of transportation, including but not limited to personal transportation devices. The Grantor(s) recognizes that the Grantee may also use for the purpose of weed control the application of chemicals. The legal description of this permanent easement is: See Attached EXHIBIT A 75-002-1200 A This easement granted to the County of Sherburne is subject however to a right of the Grantor(s) to cross over the easement to the existing residence, field, or commercial operation. The Grantor(s) acknowledge that if the use of the property that is being accessed is modified for use, for example, changing from a residential to commercial use or farm field to a residential development will require a permit from the Sherburne County Public Works Department and such access modification shall not be guaranteed due to safety considerations. Further, this easement is subject to the existing easements on record as of the date of filing of this Agreement with the Sherburne County Recorder/Registrar for public roads and highways, public utilities, railroads and pipelines. This grant of permanent easement shall run with the land and shall be binding on and shall inure to the benefit of the County of Sherburne and any successors in title of the Grantor(s), their assigns or heirs. The Grantor(s) understand that the preservation of the clear zone and the lack of obstruction on the easement are critical for the traveling public and the maintenance of the easement by the public entity. Therefore, the