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1991 Sanitary Sewer Ejection Pump AGREEMENT ___ r �_C•f : SANITARY SEWER EJECTION PUMP 1 � SYSTEM INSTALLATION AND MAINTENANCE THIS AGREEMENT made and entered into this 8th day of August , 1991, between John L. Cullen and Joan C. Cullen, Husband & Wife, hereinafter referred to as "Owners", fee owners of See Attached Exhibit A ; and the City of Fridley, County of Anoka, Minnesota, hereinafter referred to as "City". WHEREAS, the residence was constructed and lived in prior to the installation of the public sanitary sewer line. WHEREAS, the residence was assessed the normal sanitary sewer costs and these assessments were paid. WHEREAS, any available sewer line does not provide for a normal gravity plumbing service and the owner(s) request the City to correct the problem. THEREFORE, the City will install at no expense to the owner a Sanitary Ejection Pump System under the following conditions: 1. The owner(s) provide the City with permission to enter the property and locate the most beneficial and economic location (in the building or on the property) as determined by the City. 2. The owner(s) provide immediate and continued maintenance and repair of the City installed Sanitary Ejection Pump System and shall hold the City harmless of any liability or damages consequent upon, resulting from, growing out of, or in any manner connected with the Sanitary Ejection Pump Installation. 3 . The owner(s) release the City of any future obligation regarding sewer hookup for the above property, that owner(s) maintain all facilities out to the City sewer line and realize there will be no future cost to the City for this facility and service. FURTHER, IT IS MUTUALLY AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the property herein described. An executed copy of this agreement shall be filed with Anoka County Recorder's Office and made a part of and be binding upon the above-described property. IN WITNESS WHEREOF, the parties heave hereunto set their hands this 8th day of August , 1991. EXHIBIT A All that part of Government Lot Two (2) Section 15, Township 30, Range 24, described as follows: Beginning at the point of intersection of the East and West Quarter Section Line of Said Section 15 and the Southwest line of the County Road as now laid out and established which point is 1633 .8 feet West from the East quarter section corner of said Section 15 and running thence Northwesterly along said Southwesterly line of said County Road 701 feet, to a point marked by an iron stake thence running Northwesterly along said Southwesterly line of said County Road 386. 65 feet to a point marked by an iron stake, which is the true point of beginning of the land to be described; thence Southwesterly at an included Southwesterly angle 87 degrees 45 minutes to the Mississippi River; thence Southeasterly along the Mississippi River 121.4 feet, more or less, to a point on a line beginning 120 feet Southeasterly along the Southwesterly line of said County Road from the point of beginning and running thence Southwesterly parallel to the last described course; thence Northeasterly parallel with the first described course a distance of 550.9 feet, more or less, to a Southwesterly line of said County Road; thence Northwesterly along the Southwesterly line of said County Road 120 feet to the point of beginning. Excepting therefrom the following: Commencing at the above true point of beginning; thence Southeasterly along the Southwesterly line of said County Road a distance of 13 . 21 feet to the actual point of beginning of the tract to be hereby excepted and described; thence Southwesterly at an included Southwesterly angle 87 degrees 45 minutes a distance of 312 . 48 feet; thence Southeasterly at right angles to the last described course a distance of 106.71 feet, more or less, to a point on a line beginning 120 feet Southeasterly along the Southwesterly line of said County Road from the true point of beginning and running thence Southwesterly at an included Southwesterly angle 87 degrees 45 minutes a distance of 308. 29 feet; thence Northeasterly along the last described course a distance of 308 . 29 feet to the Southwesterly line of said County Road; thence Northwesterly along the Southwesterly line of said County Road a distance of 106. 79 feet to the actual point of beginning, being a part of Lot 8 Revised Auditor's Subdivision No. 23 . Also excepting therefrom the following: Commencing at the above mentioned true point of beginning; thence Southwesterly at an included Southwesterly angle of 87 degrees 45 minutes a distance of 402 feet; thence Northeasterly a distance of 237 feet to a point distant 1. 2 feet measured at right angles Southeasterly from the last described course; thence Northeasterly parallel with the before mentioned course a distance of 165 feet, more or less, to a point on the before mentioned line described as Northwesterly along said Southwesterly line of said County Road 386. 65 feet; thence Northwesterly along said line a distance of 1. 2 feet to the point of beginning. Subject to easements of record. • This instrument drafter by: City of Fridley . 6431 University Avenue, N.E. Fridley, MN 55432 - C • ",./V /, . it. Owner / Owner State of Minnesota) ) ss County of Anoka ) . . On this 8th day of August, 1991, before me, a Notary Public within and.for the County . of Anoka-�and.the State of-Minnesota,.:.personally Appeared John'-L: Cullen add .Joan.G.. . . - -_, - - .- Ciullenrhusband-and-:wrfeY"to me known to-.be the.'same persons described =iri anti.°who �' executed.the foregoing:instrument, and acknowledged that they'executed the same at . 'their free-act-and deed. - .- . -. CLYDE V.MO ` � ' " ��„- '� RAVETZ a y Public II • NOTARY PUBUC-MINNESOTA ANOKA COUNTY •%., My Corms Ems-Jan.24,1994 1/(iktie41441:12 -�. ` ' ,, , William J. e, Mayor r ,1.4AN Ato ` City of Fridley -' 1s” '_ 1 S �raw Pii‘4 . xY r h � / / C, ��s Tom. fittft /���'�.Qs�a/ ( ( , J +:- Y 1' c, ,- William W. Burns • ."I-. ;i, .Lt •rai,,., ` Fa City Manager f .c . �, al, y Vic_�"'' �1; City of Fridley fir. �ty�sra,e ` -- State of Minnesota) �6 . . ) ... a -.� County of Anoka ) On this b'T day of /q06;03-q— , 1991, before me, a Notary Public within and for said County, personally appeared William J. Nee and William W. Burns to be personally known, who being each by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Fridley, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and said William J. Nee and William W. Burns acknowledged said instrument to be the free act and deed of said municipal corporation. ,Lim Notary Public ROBERTA COLLINS . �~ NOTAMY PIUUC•Mf�9OTA E t, ANOKA COUNTY ity Conn,Exp.Oct 21.199f _t- ..0 - ' • ,CII2 I CO n -... I-4(_.) —I —I . 1 CO• ;3 -.. 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County of 411Lic)t(/) ) 77 On this day of__ /4/7/( , A.D. 1972, before nee, a Notary Public within and for said County, personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as . -- ht S 7 fre , act and cbs'd. L Chi vi,v FE, G4:c:Yv _ ____ i mac_%//{4) l• C)�,1,h:'i cf C,0 5 6 - 9 .7.,,,,,,,—