HomeMy WebLinkAbout1998-014RESOLUTION NO.98-14
A RESOLUTION AUTHORIZING AN
EASEMENT TO U.S. WEST COMMUNICATIONS
WHEREAS, a request has been made of the City by U.S. West Communications for the
grant by the City of an easement adjacent to an existing U.S. West Communications easement on
a small portion of Outlot C of Croixwood Second Addition; and,
WHEREAS, the request has been circulated to the various City staff to determine whether
the easement is consistent with the existing easement and the use of the property would not
change by reason of the easement; and,
WHEREAS, U.S. West Communications has offered to pay to the City the sum of one
thousand and no/100 dollars ($1,000.00) in consideration for the granting of the easement.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City grant to U.S. West Communications an easement over a portion of
Outlot C immediately adjacent to U.S. West Communications' existing easement.
2. That the easement request by U.S. West Communications be and the same hereby is
granted and the appropriate City staff is directed to take such action as is required to effect the
execution of the easement and the Mayor and Clerk are hereby authorized to sign the easement.
Enacted by the City Council of the City of Stillwater this ~~ay of January, 1998.
CITY OF STILLWATER
Ja e, ayor
ATTEST:
.--~
Morh ldon, Clerk
RECORDING INFORMATION A60VE
R/W # MNCW0184
EASEMENT AGREEMENT
The undersigned, The City of Stillwater, a corporation under the laws of the State of Minnesota,
(hereinafter referred to as "Grantors"), for and in consideration of One thousand ($1,000.00) and
other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant
and convey unto U S West Communications Inc., a Colorado corporation, hereinafter referred to as
"Grantee", whose address is 700 West Mineral, Littleton, CO, 80120, its successors, assigns, lessees,
licensees and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate,
maintain and remove such telecommunications facilities, electrical facilities and gas facilities, and
appurtenances, from time to time, as Grantee may require upon, over, under and across the following
described land situated in the County of Washington, State of Minnesota, which the Grantor owns
or in which the Grantor has any interest, to wit:
SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
Grantor further conveys to Grantee the following incidental rights:
(1) A temporary right-of--way to be used during all periods of construction,
reconstruction, reinforcement, repair and removal upon a strip of land 5 feet wide on all sides of said
easement.
(2) The right of ingress and egress over and across the lands of Grantor to and from the
above-described property and the right to clear and keep cleared all trees and other obstructions as
may be necessary for the Grantee's use and enjoyment of the easement area.
Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's negligent
exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-
existing environmental contamination or liabilities.
Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent
with the rights herein granted.
Grantor covenants that he/she/they is/are the fee simple owner of said land or in which the Grantor
has any interest and will warrant and defend title to the land against all claims.
Grantor hereby covenants that no excavation, building structure or obstruction will be constructed,
erected, built or permitted on said easement area, and no change will be made by grading or otherwise
to the surface or subsurface of the easement area or to the ground immediately adjacent to the
easement area.
The rights conditions and provisions of this easement shall inure to the benefit of and be binding upon
the heirs, executors, administrators, successors and assigns of the respective parties hereto.
Pagelor2
1 iitial
RECORDING INFORMATION ABOVE
Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in
accordance with the applicable rules of the American Arbitration Association, and judgement upon
the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The
arbitration shall be conducted in the county where the property is located.
Dated this f~-day of , 199_
The City of Stillwater
by
its
(Acknowledgment)
STATE OF MINNESOTA }
}ss
COUNTY OF l,O_r~~~}
This instrument was acknowledged before me
on , I9~ ,The
City of Stillwater, y Seq. y~~,lt g ~.~s
[SEAL] N07ApYPUBLIGMINNESI
WASHINGTON COUNTI
2000
Notary Public
My commission expires: l 3 / dd0
This instrument was drafted by:
WD Schock Company, Inc.
5844 2$th Avenue South
Minneapolis, MN 55417
612-724-8898
R/W # MNCWO184 Job #72MK758
Exchange: Stillwater County: Washington
Section 31 Township 30N Range20W
Please return recorded instrument to:
WD Schock Company, Inc.
5844 28th Ave South
Minneapolis, MN 55417
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