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STATE OF MINNESOTA
COUNTY OF ANOKA settle c" +v s ., , s AGREEMENT
THIS AGREEMENT, dated this 144i_, day of , 1993,
by and between the City of Fridley, a munic al corporation
(hereinafter referred to as "the City") , and ank* and Vallie
Labandz, husband and wife (hereinafter referred to as "Labandzs") .
*Labandz
WHEREAS, the Labandzs are the owners of the East 119 feet of Lots
15 and 16, Block 2, Spring Valley Addition, Anoka County, Minnesota
(hereinafter referred to as the "subject property") ; and
WHEREAS, the City recently vacated the alley easement adjacent to
the subject property; and
WHEREAS, the City has reserved a 16 foot drainage and utility
easement over the entire width of said vacated alley; and
WHEREAS, the Labandzs wish to improve the vacated alley within the
easement held by the City.
THEREFORE, it is agreed by and between the parties as follows:
1. The City hereby agrees to permit certain improvements within
the drainage and utility easement.
2. The Labandzs acknowledge that the City may from time to time
need to utilize the easement. The Labandzs agree to hold the
City harmless for any damages which may occur to the
improvements, due to the City's exercise of its rights within
the easement area. The Labandzs further acknowledge that if
the City needs to remove the improvements to obtain access for
the purpose of exercising its easement rights, the Labandzs
will be responsible for the cost involved in removing the
improvements. Additionally, any reconstruction of the
improvements, including any costs, shall be the sole
responsibility of the Labandzs.
3 . This agreement shall be binding upon both parties and upon
their heirs, successors and assigns.
4 . Any additional costs incurred by the City in utilizing its
easement, which are caused by reason of the improvements,
shall be reimbursed to the City upon thirty (30) days written
notice to the Labandzs at 1356 - 64th Avenue N.E. or at such
other address as the Labandzs shall provide to the City in
writing.
IN WITNESS THEREOF, the parties to this Agreement have affixed
their signature to this Agreement on the date first mentioned in
this Agreement.
. ,`L: a.,a `
poa.
, CITY OF FRIDLEY
=.dr
By: (AytAilq
'y.
Its Mayor
BY: idicatioi,
'l j .,-ts)t�1
Its City Manager
STATE OF MINNESOTA) 0
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledged before me this 14th. day of
July , 1993, by William J. Nee, the Mayor, and by William
W. Burns, the City Manager of the City of Fridley, a Municipal
Corporation under the laws of Minnesota, on behalf of the Municipal
Corporation.
ROBERTA COLLN�S
ti VOTARY PIIBIIC•MME$QTA '�`''7
ti . ANOKA COUNTY
My Conm.Exp.Oct 21,1990
1 .r_ Ai .
Fra '-band ( - s•• -nd)
/4r,IL-(e4,,k(1-,4 I
Vallie Laba • z (wife) '
STATE OF MINNESOTA)
ss.
COUNTY OF ANOKA )
On this e day of
S) - 1993, before me, a Notary
Public, within and for sai County, personally appeared Frank
Labandz and Vallie Labandz, husband and wife, to me known to be the
persons described in and who executed the foregoing instrument and
acknowledged that they executed the same as their free act and
deed.
Drafted by : �1 1.11/ ", -�1 c, W aid,.„
City of Fridley �=
6431 University Avenue N .E . ,,,.,,, DEBORAH C. ANDERSON
Fridley , MN 55432 As'#`9: NOTARY PUBLIC-MINNESOTA
ANOKA COUNTY
My Commission Expires Aug.29,1995
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