CC PACKET 01111983 - Laserfiche WebLink

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AGREEMENT WHEREAS, there may be, but not necessarily are, utilities located in the utilities easement and under the THIS AGREEMENT, Made and entered into as of the improvements; and day of January, 1983, by and between CITY OF ST. ANTHONY, a WHEREAS, the parties now desire to provide for the municipal corporation under the laws of the State of Minnesota necessary measures in the event that the same are necessary for (hereinafter called the 'City"), and OSBORNE PROPERTIES, a the maintenance or repair of the utilities located on or Minnesota limited partnership (hereinafter called "Osborne contained in such utilities easement. Properties"); NOW, THEREFORE, in consideration of the foregoing WITNESSETH, THAT: premises and in consideration of the mutual covenants and WHEREAS, Osborne Properties is the fee title owner of agreements herein contained, the parties hereto hereby agree as that certain tract of real property located in Hennepin County, follows: Minnesota, legally described on Exhibit A attached hereto and 1. The City hereby grants to Osborne Properties the hereby made a part hereof (hereinafter called the "Subject perpetual right to use, maintain, repair and replace those Premises"); certain present improvements consisting of a building and WHEREAS, the City is the holder of a utilities concrete sidewalk (hereinafter called "Improvements") located easement in, on, over and across a portion of the Subject upon that portion of the Subject Premises subject to the above- Premises by reservation contained in that certain Clerk's described utilities .easement (hereinafter called the "Easement Certificate on Completion of Proceeding-to Vacate Public Area") and to encroach upon the Easement Area for the foregoing Street, dated June 26, 1959, and filed on July 1, 1959, in the purposes. office of the Hennepin County Recorder as Document No. 3184160; 2. In the event that access to the Easement Area is WHEREAS, pursuant to Building Permit No. 2072 issued necessary for maintenance or repair of the utilities, if any, on September 4, 1979 by the City, Osborne Properties located thereon or contained therein and such access would constructed certain improvements upon that portion of the necessitate tunnelling under or the temporary removal or Subject Premises subject to such utilities easement; alteration of some or all of the Improvements, the City shall WHEREAS, the City has permitted Osborne Properties to give written notice thereof to Osborne Properties and Osborne continue to maintain such improvements; and -2-