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S221222
4th%15PIA� '.uNrr TAXPAYER SrRVICES
NOV 12 2003
SPY FEE
NEPIN C U TY N
8Y. DEPUTY
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EASEMENT FOR UTILITY PURPOSES
THIS EASEMENT AGREEMENT, made this day of
2003, by and between ConAgra Foods, Inc., a Delaware corporation,
( "Grantor ") with offices at One ConAgra Drive, Omaha, Nebraska 68102, Attention Corporate
Controller, and the City of Edina, a municipal corporation organized under the laws of the State of
Minnesota, ( "Grantee ") with offices at 4801 West 50`h Street, Edina, Minnesota 55424 -1324;
1. WITNESSETH, that the said Grantor, in consideration of Six Thousand Eight Hundred
Fifty and No /100 Dollars ($6,850.00), to it in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does grant, bargain, sell, convey and warrant to said Grantee a non - exclusive easement for
the purposes hereinafter set forth, subject to all other items of record, in and over the following described
property (the "Property") situated in the City of Edina, County of Hennepin and State of Minnesota, to
wit:
Utility Easement for Lift Station Number 14 at 7450 Metro Blvd. as follows:
A permanent easement for utility purposes over and across the following Property: the
Easterly 40.00 feet of the Northerly 40.00 feet of Lot 6, Block 5, EDINA INTERCHANGE
CENTER, Hennepin County, Minnesota.
2. it is the intention. and :agreement of the parties hereto that the Grantee shall: in the
construction or maintenance of said utilities, replace any sod removed by any excavation in connection
with such construction or maintenance work, in as nearly as possible the same condition as before such
excavation. Grantee will install and maintain utility facilities on the Property in accordance with all
applicable laws, rules and regulations. Any buried portions of the utility facilities shall have a minimum
cover of two feet, or such greater cover as is otherwise required hereunder. Grantee shall promptly
backfill any excavations made by it on the Property and shall repair, or otherwise provide total
compensation for, any damage to the Property or adjoining property owned by Grantor caused by Grantee
or its employees, agents or contractors. After any construction and installation by Grantee or its
employees, agents or contractors which disturb the surface area of the Property, Grantee will restore, or
cause to be restored, the general surface of the ground as nearly as may be reasonably done to the grade
and condition it was in immediately prior to such construction and installation.
3. All of the provisions hereof shall run with the land and shall extend to and bind the
successors, representatives, grantees or assigns of the respective parties hereto.
4. Notice to a party hereto may be sent to the address noted above or to such other address
as is provided by a party hereto from time to time.
5. Grantee shall indemnify and hold Grantor harmless from and against any claims,
demands, liabilities, fines, losses, damages, expenses, charges or costs (including attorney's fees) based on
or arising from any damage to property, including the Property, or injury to person, including death,
resulting from the exercise by Grantee or any of its agents, servants, employees, or contractors of any
rights under this Agreement. Prior to entering on the Property, Grantee shall, upon the request of Grantor,
deliver to Grantor a certificate of insurance or other reasonable evidence demonstrating that Grantee (or
any of Grantee's contractors, should Grantee have contractors exercise the rights of Grantee hereunder)
has insurance coverage or reasonably similar protection through a municipal risk - sharing pool including
comprehensive general liability insurance in an amount not less than $1,000,000.00 per occurrence, with
$1,000,000.00 aggregate, and business auto liability coverage of not less than $750,000.00 per
occurrence.
6. In the event of abandonment of the utility facilities installed hereunder, Grantee shall
remove all facilities and equipment installed pursuant to this Agreement.
7. Grantor shall have the right, at Grantor's expense, to require Grantee to relocate the
Property (and the utility facilities thereon) to another location on Grantor's property, after which an
appropriate instrument amending this Agreement shall be signed by each party hereto and recorded in the
appropriate records of Hennepin County, Minnesota. In connection with this right, upon the request of
Grantor, Grantee shall advise Grantor within thirty (30) days after such request, of the cost to relocate the
utility facilities to a different location as proposed by Grantor.
IN WITNESS WHEREOF, the said Grantor has caused this instrument to be duly executed the
day and year first above written.
GRANTOR:
ConAgra Foods, Inc.
By: ktbl x of
Its: VICE PRESIDENT - TAX
GRANTEE:
City of Edina
r A
',
STATE OF NEBRASKA )
)ss
COUNTY OF DOUGLAS )
The foregoing instrument was acknowled ed before e this day of
' , 2003, by VM (_ the
of ConAgra Fo ds, Inc
NA 01 f
otary Public
GENERAL NOTARY - State of Nebraska
tARI A. WATSON
2 filly Comm. Em. Aug. 21, 2006
STATE OF MINNESOTA
)ss
COUNTY OF HENNEPIN
The regoing instrument was acknowledged beore me this �� _ day of
Q G 2003, by 0ENNIS 72Ci! 6 the
-�''f��,, d.�-. of the City of Edina and by
,�' 5QA .z- GG-S. , the % Y �'1 � of the City of
Edina. WA&AA.__ _
This instrument was drafted by
And return document to:
Evergreen Land Services
4131 Old Sibley Memorial Highway
Suite 201
Eagan, MN 55122
(651) 882 -0200
3
\V
TEMPORARY CONSTRUCTION
EASEMENT AND AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT, made this 15' m
day of O c ro 1b IG-Al , 2003, by and between ConAgra Foods, Inc., a Delaware
corporation, ( "Grantor ") with offices at One ConAgra Drive, Omaha, Nebraska 68102, Attention
Corporate Controller; and the City of Edina, Hennepin County, Minnesota, ( "Grantee ") with offices at
4801 West 50`" Street, Edina, Minnesota 55424 -1324.
WITNESSETH:
WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described.
1. That for and in consideration of the sum of One Dollar and other good and valuable
consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and
by these presents does bargain, sell and transfer unto the City of Edina, its successors and assigns the
following:
A Temporary construction easement, such right -of -way to be the right to enter upon the real
estate hereinafter described (the "Property") and grade and excavate land for the purpose of constructing
the public utility, and the further right to remove bushes, trees, undergrowth and other obstructions on
such Property interfering in the location and construction of said utility.
2. That said temporary easement and right -of -way located in the County of Hennepin, State
of Minnesota, is described as follows, to -wit:
Temporary Easement for Lift Station Number 14 at 7450 Metro Blvd. as follows:
A temporary easement for construction purposes over and across the following Property. the
Westerly 20.00 feet of the Easterly 60.00 feet of the Southerly 20.00 feet of the Northerly 60.00
feet of Lot 6, Block S, EDINA INTERCHANGE CENTER, Hennepin County, Minnesota.
TO HAVE AND TO HOLD, said temporary construction easement and right -of -way unto the
City of Edina, Hennepin County, Minnesota, its successors and assigns until December 31, 2004, at
which time the easement shall cease.
3. Grantor does hereby covenant with the City of Edina, that subject to all other items of
record, they are lawfully seized and possessed of the real estate above described and will defend Grantee
against the claim of any person made by, through or under Grantor.
4. Grantee shall promptly backfill any excavations made by it on the Property and shall
repair, or otherwise provide total compensation for, any damage to the Property or adjoining property
owned by Grantor caused by Grantee or its employees, agents or contractors. After any construction and
installation by Grantee or its employees, agents or contractors which disturb the surface area of the
Property, Grantee will restore, or cause to be restored, the general surface of the ground as nearly as may
be reasonably done to the grade and condition it was in immediately prior to such construction and
installation.
5. All of the provisions hereof shall run with the land and shall extend to and bind the
successors, representatives, grantees or assigns of the respective parties hereto.
6. Notice to a party hereto may be sent to the address noted above or to such other address
as is provided by a party hereto from time to time.
7. Grantee shall indemnify and hold Grantor harmless from and against any claims,
demands, liabilities, fines, losses, damages, expenses, charges or costs (including attorney's fees) based on
or arising from any damage to property, including the Property, or injury to person, including death,
resulting from the exercise by Grantee or any of its agents, servants, employees, or contractors of any
rights under this Agreement. Prior to entering on the Property, Grantee shall, upon the request of Grantor,
deliver to Grantor a certificate of insurance or other reasonable evidence demonstrating that Grantee (or
any of Grantee's contractors, should Grantee have contractors exercise the rights of Grantee hereunder)
has insurance coverage or reasonable similar protection through a municipal risk - sharing pool including
comprehensive general liability insurance in an amount not less than $1,000,000.00 per occurrence, with
$1,000,000.00 aggregate, and business auto liability coverage of not less than $750,000.00 per
occurrence.
8. In the event of abandonment of the utility facilities installed hereunder, Grantee shall
remove all facilities and equipment installed pursuant to this Agreement.
IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day
and year first above written.
GRANTOR:
ConAgra Foods, Inc. '� QQ
B C./l
B:_ . � &V
Its:
VICE PRESIDENT • TAX
2
GRANTEE:
City of Edina
1
STATE OF NEBRASKA )
)ss
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me this 1 a day of
-V1Mb&'- , 2003, by �)&Ora L, the
y Q h i &V1+ 1 of ConAgra Foods, Inc.
0 Ma Public
GENERAL NOTARY • State of Nebraska
LORI A. WATSON
MY Comm. Up. Aug. 21, 2006
STATE OF MINNESOTA )
)ss
OUNTY OF HENNEPIN
T`he� foregoing instrument was acknowledged fore me this �� - day of
I SC c�T 2003, by y .C/ill /S ): the
yd of the City of Edina and by
.C. /1�%6FiU�61� of the City of
dina. DARLENE R. WALLIN
NOTARY PUBLIC MINNESOTA
` 0-- ... My Commission Expires Jan 31.2005 10tary PUb11C
instrument was drafted by
return document to:
Evergreen Land Services
131 Old Sibley Memorial Highway
Suite 201
agan, MN 55122
(651) 882 -0200
a L 1 a A
(f
y
TRANSFER ENTERED
HFNNEPIN, 00; u Prry rAvP- v r n Wit: "FiVICGS
NOV 12 2003
/ - N 0
puplicat1,
Filing
Cerofieate
EASEMENT FOR UTILITY PURPOSES
y r I ,E OF i 0?j'h I (�f , i1i 13c1%
P NEPIN COUNTY, MN 1d1r'S01 A.
F 1 171:1 AND OR
2003 NOV 12 All 10: 08
0o u}IE ip
THIS EASEMENT AGREEMENT, made this 152 day of
OcTo$�tZ , 2003, by and between ConAgra Foods, Inc., a Delaware corporation,
( "Grantor ") with offices at One ConAgra Drive, Omaha, Nebraska 68102, Attention Corporate
Controller, and the City of Edina, a municipal corporation organized under the laws of the State of
Minnesota, ( "Grantee ") with offices at 4801 West 501h Street, Edina, Minnesota 55424 -1324;
1. WITNESSETH, that the said Grantor, in consideration of Six Thousand Eight Hundred
Fifty and No /100 Dollars ($6,850.00), to it in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does grant, bargain, sell, convey and warrant to said Grantee a non - exclusive easement for
the purposes hereinafter set forth, subject to all other items of record, in and over the following described
property (the "Property") situated in the City of Edina, County of Hennepin and State of Minnesota, to
wit:
Utility Easement for Lift Station Number 14 at 7450 Metro Blvd. as follows:
A permanent easement for utility purposes over and across the following Property: the
Easterly 40.00 feet of the Northerly 40.00 feet of Lot 6, Block 5, EDINA INTERCHANGE
CENTER, Hennepin County, Minnesota.
2. It is the intention and agreement of the parties hereto that the Grantee shall in the
construction or maintenance of said utilities, replace any sod removed by any excavation in connection
with such construction or maintenance work, in as nearly as possible the same condition as before such
excavation. Grantee will install and maintain utility facilities on the Property in accordance with all
applicable laws, rules and regulations. Any buried portions of the utility facilities shall have a minimum
cover of two feet, or such greater cover as is otherwise required hereunder. Grantee shall promptly
backfill any excavations made by it on the Property and shall repair, or otherwise provide total
compensation for, any damage to the Property or adjoining property owned by Grantor caused by Grantee
or its employees, agents or contractors. After any construction and installation by Grantee or its
employees, agents or contractors which disturb the surface area of the Property, Grantee will restore, or
cause to be restored, the general surface of the ground as nearly as may be reasonably done to the grade
and condition it was in immediately prior to such construction and installation.
3. All of the provisions hereof shall run with the land and shall extend to and bind the
successors, representatives, grantees or assigns of the respective parties hereto.
• i f 5
4. Notice to a party hereto may be sent to the address noted above or to such other address
as is provided by a party hereto from time to time.
5. Grantee shall indemnify and hold Grantor harmless from and against any claims,
demands, liabilities, fines, losses, damages, expenses, charges or costs (including attorney's fees) based on
or arising from any damage to property, including the Property, or injury to person, including death,
resulting from the exercise by Grantee or any of its agents, servants, employees, or contractors of any
rights under this Agreement. Prior to entering on the Property, Grantee shall, upon the request of Grantor,
deliver to Grantor a certificate of insurance or other reasonable evidence demonstrating that Grantee (or
any of Grantee's contractors, should Grantee have contractors exercise the rights of Grantee hereunder)
has insurance coverage or reasonably similar protection through a municipal risk - sharing pool including
comprehensive general liability insurance in an amount not less than S 1,000,000.00 per occurrence, with
$1,000,000.00 aggregate, and business auto liability coverage of not less than $750,000.00 per
occurrence.
6. In the event of abandonment of the utility facilities installed hereunder, Grantee shall
remove all facilities and equipment installed pursuant to this Agreement.
7. Grantor shall have the right, at Grantor's expense, to require Grantee to relocate the
Property (and the utility facilities thereon) to another location on Grantor's property, after which an
appropriate instrument amending this Agreement shall be signed by each party hereto and recorded in the
appropriate records of Hennepin County, Minnesota. In connection with this right, upon the request of
Grantor, Grantee shall advise Grantor within thirty (30) days after such request, of the cost to relocate the
utility facilities to a different location as proposed by Grantor.
IN WITNESS WHEREOF, the said Grantor has caused this instrument to be duly executed the
day and year first above written.
GRANTOR:
ConA ra Foods, Inc.
�Q
By: C/� • �Z.
VICE PRESIDENT - TAX
Its:
STATE OF NEBRASKA )
)ss
COUNTY OF DOUGLAS )
GRANTEE:
City of Edina
By: 'Oelr�r
The foregoing instrument was acknowled ed before me .this 1U, `—` day of
Y , 2003, by Y(A the
of ConAgra Foods, Inc
otary Public
GENERAL NOTARY • SIM of Nebraska
LORI A. WATSON
MY Comm. EV. Aug. 21, 2006
2
STATE OF MINNESOTA
)ss
COUNTY OF HENNEPIN ) 5�
The e in instrument was acknowledged befo e me this / day of
2003 b DEN�✓iS ! %Zp�L"� the
1711,07 D of the city of Edina and by
itl ,41 . the K446,6-o�— of the City of
Edina.
W
This instrument was drafted by
And return document to:
Evergreen Land Services
4131 Old Sibley Memorial Highway
Suite 201
Eagan, MN 55122
(651) 882 -0200
DARLENE R. WALLIN
NOTARY PUBLIC• MINNESOTA
My Commission Expires Jan. 31, &
3
Public