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03/02/2009 Council Packet
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03/02/2009 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
03/02/2009
Council Meeting Type
Work Session Regular
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DEED OF APPURTENANT EASEMENT <br />THIS INDENTURE is made and entered into this L3 r.e day of September <br />, 2008, by and between Martha R. DeHaven and John D. DeHaven her husband, <br />Grantors, and The City of Lino Lakes, a municipal corporation under the laws of <br />Minnesota, Grantee. <br />WHEREAS, Grantors are the owners of a tract of land in Lino Lakes, Anoka <br />County, Minnesota, described in exhibit "A ", attached hereto as "Existing Property <br />Description ". <br />AND, WHEREAS, Grantee has required that certain portions of Grantors' land <br />described as "Parcel B" in said Exhibit "A ", be reserved for drainage, and utility usage if <br />minor subdivision is to be permitted on Grantors' land, and, <br />WHEREAS, Grantors have agreed to grant to Grantee an easement for drainage, <br />and public utility purposes in and over portions of "Parcel B" hereinafter described in <br />said Exhibit "A ". <br />NOW THEREFORE, Grantors, for good and valuable consideration, the receipt <br />and sufficiency of which is acknowledged, hereby grant to Grantee, its successors and <br />assigns, a perpetual drainage easement, as well as an easement for public utility purposes <br />in, over and upon that portion of the land of Grantors as shown in "Parcel B" of Exhibit <br />"A ", attached hereto and hereby incorporated by reference. <br />This easement shall be perpetual and run with the land, which shall remain <br />unrestricted for the passage and free flowage of drain water over the land described in <br />this easement. Further, Grantor, its successors and assigns, shall not obstruct in any way <br />through buildings, landscaping, fences or otherwise, the use of said easement for drainage <br />or the use of said property for the construction and maintenance of public utilities <br />authorized or permitted by Grantee, its successors and assigns. <br />• <br />• <br />
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