Agenda - Council - 08/23/2005 - Laserfiche WebLink

Home

municipal utilities (including sanitary sewer pipelines), drainage ditches and trailways, and all other equipment and appurtenances as may be convenient in connection therewith for public transportation and the transportation and distribution of water (including surface and storm water), sewage, natural gas, and any product, by-product and derivatives thereof, whether liquid or gaset)us (i.e., the 'Utilities), together with the right to locate, construct, or reconstruct same at various dimensions at any time hereafter as Grantee shall deem useful or necessary, at any time or times, upon and along a route or routes on, in, over, under, through, and across the Easement Arcs situated in the County of Anoka, State of Minnesota, which Grantor warrants that Grantor ~wns m t:ee simple, together with the fight to clear and to keep the Easement Area cleared so as to prevent damage or interference with its efficient operation and patrol, and together with a l-'!owagc easement (including the right to overflow, flood and submerge water) to maintain and adjust the water levels in the ditches, as from time to time, determined by Grantee. Grantor l'urther grants Grantee the right of ingess and egress to and from the Easement Area for all t)urposes convenient or incidental to use such of Grantor's lands immediately adjacent to each side o1' the Easement Area as is reasonably required during construction activities. 3. Grantee shall, as soon as possible, backfill any excavation made by it within the Easement /\rca and, with the exception of drainage ditches and public trailways and/or paths, shall restore the surd'ace area as reasonably practicable to its condition prior to the work by the Grantee. 4.. Gramce shall indemnify and hold Grantor harmless from and against any and all loss and damage that shall be caused by any construction, operation, use, maintenance, repair, leakage or replacement of Grantee's Utilities and/or trailways or through any act or omission of Grantee or of' its contractors, agents or employees in the course of their employment, except to the extent such loss or damage results from the negligence or willful misconduct of Grantor, its agents, representatives, employees, contractors, or invitees. 5. Grantor reserves the 'tight to use the surface portions of the Easement Area for purposes that will m)t interfere with Grantee's full enjoyment of the rights granted by this Agreement. 6. Thc Easement granted herein shall be perpetual and shall run with the land and shall be binding upon and inure to the benefit of the heirs, successors and assigns of Grantor and Grantee.