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09-25-2017 Council Packet
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09-25-2017 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
09/25/2017
Council Meeting Type
Regular
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AMENDMENT TO GRANT OF EASEMENTS <br />THIS AMENDMENT TO GRANT' OF EASEMENTS (the "Amendment") is made effective as <br />---------� 2017 (the "Effective Date"), by and among Eric Van Abel and Amy Van <br />Abel, husband and wife (the "Owner"), and the City of Lino Lakes, a Minnesota municipal corporation <br />(the "City"). <br />RECITALS <br />WHEREAS, Owner owns real property situated within Anoka County, Minnesota, as described <br />on the attached Exhibit A (hereinafter "Owner's Property"), which was purchased from Thomas J. <br />Walls ("Walls") pursuant to a closing held on July 28, 2017 (the "Closing"); <br />WHEREAS, prior to Closing, Walls granted various easements to the City over and across <br />Owner's Property pursuant to that certain Grant of Easements dated November 5, 2015, recorded on <br />November 9, 2015, as Doc. No. 2122615 in the Office of the Anoka County Recorder (the "Easements"); <br />and <br />WHEREAS, the Easements included a perpetual, non-exclusive drainage easement over, across, <br />through and upon a portion of Owner's Property legally described on the Exhibit D attached to the <br />Easements (the "Drainage Easement over Wetlands"); <br />WHEREAS, Owner and the City wish to amend the legal description of the Drainage Easement <br />over Wetlands pursuant to this Amendment. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which <br />is hereby acknowledged, the parties hereto agree to amend the Easements as follows: <br />1.The above recitals are incorporated herein by reference. <br />2.The legal description on Exhibit D to the Easements pertaining to the Drainage Easement <br />over Wetlands shall be deleted in its entirety and replaced with the revised legal description <br />attached hereto as Exhibit B. <br />3.The City Easement Exhibit on Exhibit E to the Easements depicting the location of the <br />Easements shall be deleted in its entirety and replaced with the updated City Easement <br />Exhibit attached hereto as Exhibit C. <br />4.Except as modified by this Amendment, all terms, conditions, prov1s1ons, covenants, <br />obligations and rights granted to the City under the Easements shall remain in full force and <br />effect. <br />EXHIBIT A
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