Easement No.
County Right-of-Way Easement
(Utilities)
THIS INDENTURE, made this ____ day of ______, between the State of Minnesota, by and through the Auditor of the County of ______, hereinafter called the Grantor, and ______hereinafter called Grantee.
WITNESSETH, whereas the Grantee has applied to Grantor for the granting of an easement for ______purposes over certain tax-forfeited lands owned by the State Minnesota, situated in the County of ______, and administered by the County of ______.
NOW, THEREFORE, Grantor, pursuant to the Authority of Minn. Stat. 282.04, subd. 4, and Resolution No. ______of the______County Board of Commissioners, and in consideration of the sum of ______($______), to it in hand paid by said Grantee, the receipt whereof is hereby acknowledged, which amount constitutes full payment for the rights and interests herein conveyed including payment for any improvements, timber and forest growth that will be destroyed on the easement area, does hereby grant and convey unto the Grantee, from and after the _____ day of ______, and through the _____ day of ______, a permanent easement for the purposes above described, over, under, and across the following described lands:
(______) of the County of ______, State of Minnesota. The right-of-way granted by this instrument is ______and confined to the area described on Exhibits A and B.
The above instrument is subject to the following grants, agreements, covenants, conditions and restrictions.
1.Outstanding rights and interests, if any.
2.Grantee shall construct and maintain said right-of-way development at its own expense.
3.The right-of-way hereby conveyed all be open to the general public.
4.Grantee shall be totally and fully responsible for all costs of survey, construction, maintenance and rebuilding of said right-of-way and shall keep the same in safe condition at all times and in conformance with all applicable laws and regulations.
5.Grantee shall during construction, maintenance and operation, protect and preserve soil and vegetation cover and scenic and aesthetic values on the right-of-way and outside of construction limits.
6.Grantee shall provide for the prevention and control of said erosion within the right-of-way, as reasonably required by the Grantor, that might be affected by construction, operation, or maintenance of the proposed right-of-way development and shall plant and maintain vegetation of suitable species on all earth cut or fill slopes feasible for revegetation or other areas where ground cover is destroyed, provided that it be mutually determined by the Grantor and an authorized representative of the Grantee prior to completion of construction, that such steps are necessary and the Grantee shall maintain all terracing, water bars, lead-off ditches, culverts where necessary, and other preventative works that may be required to accomplish such agreed objectives.
7.Grantee may maintain the right-of-way clearing by means of chemicals upon approval in writing by the Grantor. Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated.
8.Grantee may trim, cut, remove and dispose of such trees and obstructions from Grantor's land adjacent to the easement area as reasonably necessary to carry out its maintenance obligations hereunder, together with the right to cut and dispose of all dead, weak, leaning or dangerous trees that will reasonably interfere with usage of the right-of-way area.
9.Grantee shall establish no borrow, sand, or gravel pits, stone quarry, or permanent storage areas, sites for road operations and maintenance facilities, camps, supply depots or disposal areas within right-of-way, except with prior approval of the Grantor.
10.Grantees, their agents and contractors shall have the right of reasonable access over Grantor's property to the right-of-way area as necessary to carry out the uses of the property as specified herein.
11.Grantee shall have the right to close said right-of-way during any emergency, with the approval of the Grantor.
12.Grantee agrees to indemnify, save, and hold harmless the County of , its agents and employees, of and from any and all claims, demands, actions, or causes of action of whatsoever nature or character arising out of or by reason of the execution or performance of the terms provided for herein, and further agrees to defend at its own sole cost and expense, any action or proceeding commenced for the purpose of asserting any claims of whatsoever character arising hereunder.
13.Grantors and his assign and agents will at all times have the right to enter upon said right-of-way for any purpose necessary to the performance of lawful powers and duties.
14.Grantors hereby reserves for its own use, all the peat, iron, coal, gold, and other valuable minerals, and all water power, and all oils and gases, upon all lands covered by this easement, and the right to enter upon same for the purposes of exploration and mining same.
15.This easement is subject to cancellation for mining purposes, upon three months’ written notice from the County Auditor, as required by Minn. Stat. 282.01, subd. 8.
16.The right, privilege and license hereby granted shall extend to and bind the successors and assigns of the parties hereto and shall run with the land.
17.The easement and right-of-way herein conveyed may be terminated by the Grantee upon 30 days’ written notice, by mutual agreement of the parties hereto, or by the Grantor upon thirty (30) days’ written notice to the Grantee if Grantee fails to comply with applicable laws or the terms of this easement; otherwise to remain in effect as long as used for the purposes granted; provided, however, if the easement and right-of-way or any part thereof shall be abandoned or shall cease to be used by the Grantee for a period of one year, the rights and privileges hereby granted shall cease and terminate and the land traversed by the abandoned or unused segment shall be freed from this easement and right-of-way. In the event of such agreement to terminate or abandon , the Grantees, by authorized representative, shall furnish to the Grantor, a statement in recordable form evidencing termination.
18.All communications, notices, or demands from the parties shall be directed to the Land Commissioner at , on behalf of the Grantor and on behalf of the Grantee.
19.Additional terms may be attached hereto as Exhibit C.
IN TESTIMONY WHEREOF, Grantor has caused these presents to be executed by the Auditor, County of ______, the day and year first above written.
COUNTY,
STATE OF MINNESOTA
COUNTY LAND COMMISSIONER’S
REPRESENTATIVE and DEPUTY AUDITOR
STATE OF MINNESOTA)
) ss.
COUNTY OF ______)
On this day of , before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn did say that he is the Auditor (Deputy) the County of , State of Minnesota, and that the seal affixed to the foregoing instrument is the corporate seal of the County of , and that said instrument was signed and sealed on behalf of the State of Minnesota by its authority, and s/he acknowledged said instrument to be the free act and deed of the State of Minnesota.
Notary Public