2015-041 Council Resolution - Laserfiche WebLink

Home Search

• • area of at least one quarter ('/) square feet, mounted on a fence post at least 4 feet above ground, and minimally contain the words "Boundary of Wetland Bank Easement Area - Subject to Perpetual Conservation Easement Restrictions — Contact MN Board of Water and Soil Resources or Local Soil and Water Conservation District for Further Information." Said monuments must be made of non- degradable material and shall be at least four feet in height. 4. Grants to the LGU, the State, and the agents and employees of the LGU and the State, reasonable access to the Bank Easement Area for inspection, monitoring and enforcement purposes. The LGU, the State, and the agents and employees of the State are hereby granted a perpetual ingress and egress easement ("Access Easement") for access to and from the Bank Easement Area. The Access Easement shall be over and across the area ("Easement Access Area") that is specified on the Legal Description and/or Exhibit A attached hereto and made a part hereof or, if not specified on the Legal Description and/or Exhibit A, the most reasonably direct and convenient route between the Bank Easement Area and a public road. If all or any part of the Easement Access Area is owned by person(s) or entity(ies) other than Grantor, then such owner(s) have, with respect to their property within the Easement Access Area, either (i) joined in this Easement for purposes of granting an Access Easement by signing below or (ii) granted an Access Easement under a separate recorded document (including, without limitation, a conservation easement granted in favor of the State). The signed written consent and subordination of all other holders of interests in the Easement Access Area has been or will be obtained by Grantor and recorded in the same manner as specified in paragraph 6 below. This Easement grants no access to or entry to the Real Property, the Bank Easement Area, or the Easement Access Area to the general public. 5. Grants to the LGU, the State, and the agents and employees of the LGU and the State, a perpetual right of ingress and egress over and across the Bank Easement Area and the Easement Access Area (to the extent the Grantor is the fee owner thereof) for purposes of accessing any WCA Easement Area now or hereafter adjacent to the Bank Easement Area and/or Easement Access Area. For purposes herein, the term "WCA Easement Area" means any real property subject to an easement in favor of the State made pursuant to the WCA. Grantor agrees to execute and deliver any additional documents the State may require to further document this right of ingress and egress. Any termination, revocation or release of this Easement (or equivalent thereof) shall be expressly conditioned upon Grantor executing a recordable agreement continuing this right of ingress and egress after any such termination, revocation or release. 6. Represents that Grantor is (a) the fee owner of the Real Property and (b) the applicant under the replacement plan or bank plan, if different from the fee owner. Grantor represents that all other parties who may have an interest in the Real Property (e.g., mortgagees, contract for deed vendees, holders of easements, etc.) have consented and subordinated their interests to this Easement by signing below. If it is determined at any time that there is any other party who may have an interest in the Real Property that is prior to this Easement, then Grantor shall immediately obtain and record a consent and subordination agreement signed by such other party. Acceptance of this Easement does not release Grantor from the obligation to obtain and record a consent and subordination agreement signed by any party who may have an interest in the Real Property that is prior to this Easement, even if such interest was of record at the time of acceptance. 6. Reserved. BWSR Form: wca-bank-13 (easement).doc Revised 3/12/14 Page 3 of 7