04/10/2000 Council Packet - Laserfiche WebLink

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• ;D ENCROACHMENT WAIVER AND REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, entered into by and between the Hutchinson Utilities Commission, Licensor ( "HUC ") and the City of Lino Lakes, Licensee ( "City "). WHEREAS, HUC is the owner of an easement and right -of -way for power line purposes over a parcel of land legally described as: the Southwest Quarter of the Northeast Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota; and WHEREAS, TSM Development Incorporated is developing the above - described parcel of land for residential purposes within the City of Lino Lakes and that which includes a portion of HUC's power line right -of -way and TSM Development wishes to create a recreational trail within HUC's power line right -of -way to be dedicated to the City for public use forever; and WHEREAS, the City desires to have and maintain such a recreational trail for the public good within HUC's power line right -of -way. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties do agree as follows: HUC HUC agrees to grant to the City an encroachment waiver and revocable license to allow the City to construct and maintain a recreational trail within the power line right -of -way on the above - described real estate so long as the trail is built and maintained for the public for recreational purposes. At such time that said trail is no longer used as such or upon vacation by the City, this license shall be deemed revoked and any encroachment within HUC's right -of -way shall be deemed a trespass. CITY CITY shall indemnify and save HUC, its commissioners, officers, managers, agents and representatives harmless from losses, damages, suits or claims arising out of and on account of any injury or damage to persons or property on or about and in connection with the use of any part of the City's recreational trail which occurs within the power line right -of -way on the above - described real estate. This shall also expressly include damage to any power transmission lines and appurtenances thereto caused by persons using the City's trail.