09-26-2016 Council Packet - Laserfiche WebLink

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TRAIL EASEMENT AGREEMENT THIS TRAIL EASEMENT AGREEMENT is made and entered into this _____ day of ________________, 2016 by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota whose primary address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014 (hereinafter referred to as "Grantor") and the County of Anoka, a political subdivision of the State of Minnesota, with its principal office at 2100 Third Avenue, Anoka, Minnesota, 55303 (hereinafter referred to as "Grantee"). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor is used for singular or plural, as the context requires. RECITALS: Whereas, the Grantor currently holds fee title to the land legally described as follows (“Trail Easement Property”): Outlot D, Woods Edge, according to the recorded plat thereof, Anoka County, Minnesota. Whereas, as part of a regional trail system, Grantee has requested and Grantor has agreed to grant to the Grantee a permanent trail easement over the Trail Easement Property for pedestrian/bicycle trail purposes. NOW THEREFORE, Subject to the terms and conditions contained herein, Grantor hereby conveys and quitclaims unto the Grantee, a perpetual, non-exclusive easement for the purpose of constructing, maintaining and repairing a pedestrian/bicycle trail upon and across the Trail Easement Property. Grantor represents that it has all requisite power and authority to grant the permanent easement and the officers of the Grantor who execute the permanent easement on behalf of Grantor have the power and authority to do so and bind the Grantor. If any provision of this Agreement is held invalid, the validity of the remainder of the Agreement shall not be affected thereby. The trail shall be constructed and maintained by Grantor in conformance with applicable federal, state and local statutes, laws and/or ordinances. Grantor hereby declares and covenants that the general public shall have and be allowed regular access to the Trail Easement Area, for the purpose of walking, jogging, running, bicycling and like activities, but specifically excluding all motorized vehicles except as authorized by Grantee for maintenance, management, police and emergency purposes. Grantor shall be responsible for ongoing maintenance of the trails which includes but is not limited to snow removal, repair, and clearing of obstructions.