HomeMy WebLinkAbout2680GRANT OF PERMANENT AND TEMPORARY EASEMENTS
BRANDON SQUARE, PARTNERSHIP II, LLP, a Minnesota limited liability
partnership, "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant
unto the CITY OF EDINA, a Minnesota municipal corporation, the Grantee, hereinafter referred
to as the "City ", its successors and assigns, the following easements:
1. A permanent easement for public street, utility and drainage purposes over, on,
across, under, and through the land situated in the County of Hennepin, State of Minnesoiaa, ds
legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B,"
including the rights of the City, its contractors, agents, servants, and assigns, to enter upon the
permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair,
and maintain said public street, utility and drainage systems over, across, on, under, and through
the permanent easement premises, together with the right to grade, level, fill, drain, and excavate
the permanent easement premises, and the further right to remove trees, bushes, undergrowth,
and other obstructions interfering with the location, construction, and maintenance of said public
street, utility and drainage easements. z
2. A temporary construction. easement over, across, on, under, and through the land
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situated in the County of Hennepin, State of Minnesota, as legally described on the attached
Exhibit "A" and depicted on the attached Exhibit "B." To have and to hold the same, unto the
City, its contractors, agents, servants and assigns, commencing upon execution of this document
and expiring November 30, 2008, together with the right of ingress to and egress from the
temporary easement premises, for the purpose of constructing, reconstructing, inspecting,
repairing, and maintaining the property of the City, at the will of the City, its successors and
assigns. Grantor hereby grants the uses herein specified without divesting itself of the right to
use and enjoy the above described temporary easement premises, subject only to the right of the
City to use the same for the purposes herein expressed. The City, its agents and assigns, will
restore the described property to a condition as nearly equal as possible to that which existed
prior to construction.
The above named Grantor, for itself, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easements to the City; that there ar6 no
unrecorded interests in the easement premises; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day
f , 200
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GRANTOR:
BRANDON SQ ; AR"T. SHIP 11, LLP
By_ AA
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STATE OF MINNESOTA )
) ss.
COUNTY OF tJ )
The foregoing instrument was acknowledged fore me this ®day of
2008 by i�.r the *� of Brandon
Square Partnership II, LLP, a Minnesota limited liability partnership, on its behalf.
R, T�BLTC
'may PR; ( ��r;, risr.i,:f_::�;rs.lanir�ryt4,J0111 ,
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTsoN
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651 -452 -5000
TMS /cjh
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EXHIBIT "A"
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
Parcel No. 2
That part of the following described tract of land in the City of Edina:
(THE TRACT)
Lot 3 and the Easterly Seventy (70) feet of Lot 2, Block 1, YORKTOWN, according to the
recorded plat thereof on file or of record in the office of the Registrar of Titles in and for
Hennepin County.
Which lies within the following permanent easement for street, utility and drainage purposes:
That part of Lot 2, Block 1, YORKTOWN, according to said plat on file_ and of record in the office
of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the
intersection of the north line of said Lot 2, and a line drawn parallel with and distant 70.00 feet
west of the east line of said Lot 2; thence South 00 degrees 30 mitrutes 55 seconds East, assumed
bearing along said line drawn parallel with and distant 70.00 feet west of the east line of Lot 2,
42.53 feet; thence North 90 degrees 00 minutes 00 seconds East, 22.84 feet; thence North 25
degrees 53 minutes 59 seconds East, 33.03 feet; thence North 67 degrees 42 minutes 18 seconds
East, 34.36 feet, to said north line of Lot 2; thence west along said north line of Lot 2, to the point
of beginning.
And also which lies within the following temporary easements for construction purposes: 14
The north 119.50 feet of the west 44.50 feet of the east 70.00 feet of said Lot 2. Except that part
which lies within any of the above described permanent easement for street, utility and drainage
purposes.
And also the north 58.50 feet of east 25.5() feet of said Lot 2. Except that part which. lies within
any of the above described permanent easement for street, utility and drainage purposes.
And also the north 58.50 feet of the west 85.00 feet of said Lot 3.
Said temporary easement to expire November 30, 2008.
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