City/County Easement-Sewer,Water,Bikepath

[gizmozo]

The city, Dayton/with county,Hennepin approval is putting in Sewer & Water. We do not have a problem with that, But they added a bike path to be included with the easement without our knowledge & came over with the easement to sign on 7/26. Our problem is, when our house was built 17 years ago, a county road(tar) was put in infront of our house & our house was built 85' from that center line per the county rules. They now want us to sign an easement allowing them to come in on our land 30-40' & put a bike path. We asked why they did not put the bike path by the road (takes 8'). Today 7/27, they agreed to change the drawings to move the path to the road, but they said we needed to sign the easement rights today 7/27, so they can start the sewer & water construction 7/28. I am concerned that they will not change the bikepath as agreed once we sign the easement. Should we write a stipulation onto the easement that we are giving rights to start of construction of sewer & water, but specifically state not agreed to the bikepath.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by gizmozo:
The city, Dayton/with county,Hennepin approval is putting in Sewer & Water. We do not have a problem with that, But they added a bike path to be included with the easement without our knowledge & came over with the easement to sign on 7/26. Our problem is, when our house was built 17 years ago, a county road(tar) was put in infront of our house & our house was built 85' from that center line per the county rules. They now want us to sign an easement allowing them to come in on our land 30-40' & put a bike path. We asked why they did not put the bike path by the road (takes 8'). Today 7/27, they agreed to change the drawings to move the path to the road, but they said we needed to sign the easement rights today 7/27, so they can start the sewer & water construction 7/28. I am concerned that they will not change the bikepath as agreed once we sign the easement. Should we write a stipulation onto the easement that we are giving rights to start of construction of sewer & water, but specifically state not agreed to the bikepath. <HR></BLOCKQUOTE>

Do not sign until you see the actual plans and give written approval.

 

[Tracey]

DO NOT SIGN until the easement language is changed to say exactly what you want it to say -- the path will be placed *here* & will be *this* wide & have *this* kind of surface. The sewer line will be placed *here*, etc. If it's not in writing on the easement grant, it's not binding on the county. The written word overrules the oral agreement to do things differently.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.