STATE DEED TAX DUE HEREON:
.
Dated this ______ day of ____________________, 20__.
NONEXCLUSIVE [insert type, e.g. roadway and utility] EASEMENT
THIS INSTRUMENT is made by State of Minnesota, by and through the Board of
Trustees of the Minnesota State Colleges and Universities, [INSERT when necessary:
formerly known as the Higher Education Board,] on behalf of the [insert name of
college/unviersity], Grantor, pursuant to its authority granted in Minn. Stat. § 136F.60, subd. 3
(2006), in favor of the
, a Minnesota
, Grantee.
RECITALS
A.
The Grantor is the fee owner of the following described property in
County, Minnesota ( the “Property”) :
[insert legal description here]
B.
The Grantee desires to acquire an easement over, under and across the Property for the
purposes stated herein.
C.
The Grantor desires to grant to the Grantee and the Grantee desires to accept an
easement, according to the terms and conditions contained herein.
TERMS OF EASEMENT
1.
Grant of Easement. In consideration of
Dollars ($
) and
for other good and valuable consideration, receipt of which is acknowledged by the Grantor, the
Grantor grants and conveys to the Grantee a nonexclusive easement over, under, and across the
above-described Property for
purposes, including
easement hereby granted and conveyed is legally described as follows:
.
The
[insert legal description here ](“Easement Area”).
2.
Scope of Easement. The
[utility,road,etc.] easement granted
herein includes the right of the Grantee, its contractors, agents , and employees to enter the
Easement Area at all reasonable times for the purpose of locating, constructing, reconstructing,
operating, maintaining, inspecting, altering and repairing within the described easement area a
.
The easement granted herein also includes the right to cut, trim, or remove from the
easement area trees, shrubs, or other vegetation as in the Grantee’s judgment unreasonably
interfere with the easement or facilities of the Grantee or its successors, provided that the
Grantee shall take all reasonable precautions to prevent any damage to the Property subject to
this easement.
3.
Pursuant to Minnesota Statutes Section 136F.60, subdivision 3(b), this Easement
Agreement shall be revocable by written notice by the Board of Trustees of the Minnesota State
Colleges and Universities if at any time its continuance will conflict with a public use of land,
over, under or upon which it is granted; or for any other reason. The notice must be in writing
and is effective ninety (90) days after the notice is sent by certified mail to the last known
address of the holder of record of the Easement. If the address of the holder of the Easement is
not known, the Easement expires 90 days after the notice is recorded in the office of the county
recorder in
County. Upon revocation, the Board of Trustees of the Minnesota State
Colleges and Universities may allow a reasonable time to vacate the premises affected.
5.
State lands subject to this easement shall remain subject to sale or lease; such sale or
lease shall not serve to revoke this easement.
6.
The Grantee shall comply with all laws, regulations and municipal ordinances affecting
said Easement Area or the Property in which it is situated and keep and maintain the Easement
Area in a neat and orderly condition and remove all refuse and debris that may accumulate
thereon.
7.
The Grantee shall indemnify and hold harmless the Grantor and its officials, officers,
employees, agents, successors and assigns from and against any and all claims for injury,
damage, losses, costs, liability, and expenses, including reasonable attorney fees arising, in
whole or in part, from any exercise by Grantee or its officials, officers, employees, agents,
representative, contractors, licenses or invitees of its rights hereunder.
8.
The Grantor and the Grantee may mutually agree upon such changes or modifications
respecting construction or maintenance of structures, use or other conditions of this easement as
they deem necessary to protect the public health and safety.
9.
This easement shall not be assignable by the Grantee, except upon written consent of the
Grantor.
10.
Upon completion of construction and after any future maintenance and repair work, the
Grantee shall at its expense restore the area to substantially its original pre-construction
condition.
11.
The Grantee,
, shall not assess the Grantor for any current or future
improvements associated with this easement.
This Easement shall continue in effect until cancelled by the Grantor, subject to change
or modification as provided herein above.
12.
.
IN TESTIMONY WHEREOF, the Grantor has caused this easement to be executed in the
name of the State of Minnesota by and through its Board of Trustees of Minnesota State Colleges
and Universities, manifests its acceptance of these terms by its signature.
GRANTEE
[NAME OF GRANTEE]
BY:
TITLE:
DATE:
STATE OF MINNESOTA
COUNTY OF
)
)
)
The foregoing was acknowledged before this ______ day of ______________, 20__, by
_____________________, the _______________ of the[insert name of entity], a [insert type of
entity, e.g., corporation] under the laws of Minnesota, on behalf of the [name of entity or
governing body].
NOTARY PUBLIC
[NAME OF GRANTEE]
BY:
TITLE:
DATE:
STATE OF MINNESOTA
COUNTY OF
)
)
)
The foregoing was acknowledged before this ______ day of ______________, 20__, by
_____________________, the _______________ of the[insert name of entity], a [insert type of
entity, e.g., corporation] under the laws of Minnesota, on behalf of the [name of entity or
governing body].
NOTARY PUBLIC
GRANTOR
STATE OF MINNESOTA, by and through the
Board of Trustees of the Minnesota
State Colleges and Universities, on behalf of
Rochester Community and Technical College
BY:_____________________________________
Laura M. King
Vice-Chancellor and CFO of Minnesota
State Colleges and Universities
DATE:___________________________________
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
)
)
This instrument was acknowledged before me this ______ day of ______________,
20__, by Laura M. King, as Vice-Chancellor and CFO of Minnesota State Colleges and
Universities, authorized to sign on behalf of the Board of Trustees of Minnesota State Colleges
and Universities.
_____________________________________
Notary Public
Approved as to form and execution:
__________________________________
Assistant Attorney General
This document drafted by: