HomeMy WebLinkAbout3187Hennepin County, Minnesota
Daniel Rogan
County Auditor and Treasurer
I I II II
II
II I I I I I II
LAND TYPE Abstract A)
DOC NUM 11217951
Certified, filed and/or recorded on
Jul 26, 2023 12:48 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 98 Pkg ID 2585855E
Document Recording Fee $46.00
Document Total $46.00
Transfer Entered
Jul 26, 2023 12:48 PM
PID(s)
28-117-21-34-0002
This cover sheet is now a permanent part of the recorded document.
(Reserved for recording)
GRANT OF PERMANENT DRAINAGE AND UTILITY
EASEMENTS
THE CHURCH OF OUR LADY OF GRACE, IN EDINA, MINNESOTA, a
Minnesota non-profit corporation, hereinafter referred to as "Grantor", in consideration of One
Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and subject to the terms and conditions contained herein, 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. Permanent non-exclusive easement for public drainage and utility purposes over,
across, on, under, and through land situated within the County of Hennepin, State of Minnesota,
as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the
"Permanent Easement Area"), including the rights of the City, its contractors, agents, and servants
(the "Permitted Users") to enter upon the Permanent Easement Area at all reasonable times to
construct, reconstruct, inspect, repair, and maintain said, publicdrainage and utility systems over,
across, on, under, and through the Permanent Easement Area, together with the right to grade,
level, fill, drain and excavate the Permanent Easement Area, and the further right to remove
trees, bushes, undergrowth, and other obstructions interfering with the location, construction,
and maintenance of said public drainage and utility systems, Grantor hereby grants the uses herein
specified without divesting itself of the right to use and enjoy the above described Permanent
3647170.v2 215739v1A
Easement Area, subject only to the right of the City to use the same for the purposes herein
expressed.
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
Area; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the Easement Area; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants. The Easement Area is granted in its "as is" condition.
With the exception of the express covenants contained herein, Grantor makes no representation,
warranty, or covenant that the Easement Area is suitable for the use of the City or the Permitted
Users. This grant of easements shall not be interpreted to create any rights in third parties as
beneficiaries or otherwise.
[Remainder of page intentionally left blank.
Signature page follows.]
3647170.v2 215739v1A 2
Notary Public
STEPHEN P. BONELLO
NOTARY PUBLIC
MINNESOTA
uycornmhthn Expina Musty St 2027
4.-rrwrfly•-•00"11PTIPW—r".•
IN TES IMONY WHEREOF, the Grantor hereto has signed this agreement this
day of •-fd , 2023.
GRANTOR: THE CHURCH OF OUR LADY OF
GRACE, IN EDINA, MINNESOTA
010;47.-- [print name]
ItS412.4./S flaw7447-0641914:- [titlel
STATE OF MINNESOTA )
) ss,
COUNTY OF tteltplepin )
The foregoing instrument was acknowledged before me this (day of "C1/4)
2023, by Meg( bontit o , the av-te,d-V-1 As.+441A1- of The Church of
Our Lady of Grace, In Edina, Minnesota, a Minnesota general entity corporation, on behalf of
the entity.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center 1.
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DSK
3647170.v2 2 5739v1A 3
EXHIBIT "A"
Permanent Easement Description:
A permanent drainage and utility easement over, under, and across the following properties:
Parcel 1:
All that part of Government Lot 8, Section 28, Township 117, Range 21, West of the 5th Principal
Meridian bounded and described as follows:
Commencing at the point where the Easterly line of the right of way of the Minneapolis, Northfield,
and Southern Railway as located and constructed across said section, is intersected by a line
parallel with and 40 feet Southerly at right angles from the center line of the Eden Prairie Road, so
called, as laid out and located through said Section, and running thence North 67 degrees 2
minutes, East along said parallel line and at an angle of 116 degrees 47 minutes with said right of
way line, a distance of 120 feet; thence South 2 degrees 33 minutes, East 408.5 feet; thence West
154.3 feet to said Easterly line of Railway right of way at a point 363.7 feet South from the place
of beginning, as measured along said right of way line; thence North along said Easterly line of
Railway right of way to place of beginning, Hennepin County, Minnesota.
Parcel 2:
That part of Section 28, Township 117 North, Range 21 West, Hennepin County, Minnesota,
described as follows:
Commencing at a point on the South line of Government Lot 8 of said Section 28, distant 26 2/3
rods east of the Southwest corner thereof; thence North to the Easterly line of the Minnesota,
Northfield and Southern Railway right of way; thence Northerly along said right of way line to a
point distant 703.7 feet Southerly along same from the Southerly line of Eden Prairie Road; thence
East 193.2 feet; thence North to the centerline of said road; thence Northeasterly along same to the
North line of said Government Lot 8; thence East To the Northeast corner thereof; thence South
to the Southeast corner thereof; thence West to the point of beginning, Except highway
and
The North 150 feet of that part of Government Lot 1 of Section 33, Township 117 North, Range
21 West of Trunk Highway No. 100 as now laid out and established and East of railroad right of
way, Hennepin County, Minnesota.
Said easement being the northerly 11.00 feet of the westerly 18.00 feet of said Parcel 1
ALSO a permanent drainage and utility easement over, under, and across the northerly 5.50 feet
easterly of the westerly 45.00 feet of said Parcel 2; EXCEPT that part of the northeasterly corner
encumbered by an existing sewer easement.
ALSO a permanent drainage and utility easement over, under, and across the easterly 5.50 feetof
the northerly 115.00 feet of said Parcel 2; EXCEPT that part of the northeasterly corner
encumbered by an existing sewer easement.
3647170.v2 215739v IA 4
20.00
EON PSE
18.97 -- eio"
2
FILE NO.
DATE:- I PARCEL SKETCH
OUR LADY OF GRACE CHURCH
5.50 5.50 1.1/4
115.00
18.W
11.00
Affidavit
Doc. No.
215743
EXHIBIT "B"
LEGEND
OWNER; OUR LADY OF GRACE CHURCH
RID'S: 2811721340002, 2811721340001
Permanent Ease: 1,467 SQFT +1-
DIISTRIL SkialARY IFTStAit011EASEIAErva
PFAWNENICAEURIT
_ • •
EXISTING SANITARY LIFT STATION EASEMENT
4629 SF
3647170.v2 215739v1A 7
(Reserved for recording)
GRANT OF PERMANENT DRAINAGE AND UTILITY
EASEMENTS
THE CHURCH OF OUR LADY OF GRACE, IN EDINA, MINNESOTA, a
Minnesota non-profit corporation, hereinafter referred to as "Grantor", in consideration of One
Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and subject to the terms and conditions contained herein, 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. Permanent non-exclusive easement for public drainage and utility purposes over,
across, on, under, and through land situated within the County of Hennepin, State of Minnesota,
as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the
"Permanent Easement Area"), including the rights of the City, its contractors, agents, and servants
(the "Permitted Users") to enter upon the Permanent Easement Area at all reasonable times to
construct, reconstruct, inspect, repair, and maintain said, publicdrainage and utility systems over,
across, on, under, and through the Permanent Easement Area, together with the right to grade,
level, fill, drain and excavate the Permanent Easement Area, and the further right to remove
trees, bushes, undergrowth, and other obstructions interfering with the location, construction,
and maintenance of said public drainage and utility systems. Grantor hereby grants the uses herein
specified without divesting itself of the right to use and enjoy the above described Permanent
3647170.v2 215739v1A 1
Easement Area, subject only to the right of the City to use the same for the purposes herein
expressed.
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
Area; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the Easement Area; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants. The Easement Area is granted in its "as is" condition.
With the exception of the express covenants contained herein, Grantor makes no representation,
warranty, or covenant that the Easement Area is suitable for the use of the City or the Permitted
Users. This grant of easements shall not be interpreted to create any rights in third parties as
beneficiaries or otherwise.
[Remainder of page intentionally left blank.
Signature page follows]
3647170.v2 215739v1A 2
By
[print name]
[title]
IN TES MONY WHEREOF, the Grantor hereto has signed this agreement this
day of it , 2023.
GRANTOR: THE CHURCH OF OUR LADY OF
GRACE, IN EDINA, MINNESOTA
STATE OF MINNESOTA )
) ss.
COUNTY OF atntNepilkk )
The foregoins, instrument was acknowledged before me this rday of "CO Ll
2023, by Skeot tont t( o , the 13-"y-tc,LN-1 A tt,.a. NA( of The Church of
Our Lady of Grace, In Edina, Minnesota, a Minnesota general entity corporation, on behalf of
the entity.
Notary Public
STEPHEN P. BONELLO
NOTARY PUBLIC
MINNESOTA
My Commlation EXIat anal). 31. W27
ir•Orrillrerrinrorn-4
1{--set 601
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DSK
3647170.v2 215739v1A 3
EXHIBIT "A"
Permanent Easement Description:
A permanent drainage and utility easement over, under, and across the following properties:
Parcel 1:
All that part of Government Lot 8, Section 28, Township 117, Range 21, West of the 5th Principal
Meridian bounded and described as follows:
Commencing at the point where the Easterly line of the right of way of the Minneapolis, Northfield,
and Southern Railway as located and constructed across said section, is intersected by a line
parallel with and 40 feet Southerly at right angles from the center line of the Eden Prairie Road, so
called, as laid out and located through said Section, and running thence North 67 degrees 2
minutes, East along said parallel line and at an angle of 116 degrees 47 minutes with said right of
way line, a distance of 120 feet; thence South 2 degrees 33 minutes, East 408.5 feet; thence West
154.3 feet to said Easterly line of Railway right of way at a point 363.7 feet South from the place
of beginning, as measured along said right of way line; thence North along said Easterly line of
Railway right of way to place of beginning, Hennepin County, Minnesota.
Parcel 2:
That part of Section 28, Township 117 North, Range 21 West, Hennepin County, Minnesota,
described as follows:
Commencing at a point on the South line of Government Lot 8 of said Section 28, distant 26 2/3
rods east of the Southwest corner thereof; thence North to the Easterly line of the Minnesota,
Northfield and Southern Railway right of way; thence Northerly along said right of way line to a
point distant 703.7 feet Southerly along same from the Southerly line of Eden Prairie Road; thence
East 193.2 feet; thence North to the centerline of said road; thence Northeasterly along same to the
North line of said Government Lot 8; thence East To the Northeast corner thereof; thence South
to the Southeast corner thereof; thence West to the point of beginning, Except highway
and
The North 150 feet of that part of Government Lot 1 of Section 33, Township 117 North, Range
21 West of Trunk Highway No. 100 as now laid out and established and East of railroad right of
way, Hennepin County, Minnesota.
Said easement being the northerly 11.00 feet of the westerly 18.00 feet of said Parcel 1
ALSO a permanent drainage and utility easement over, under, and across the northerly 5.50 feet
easterly of the westerly 45.00 feet of said Parcel 2; EXCEPT that part of the northeasterly corner
encumbered by an existing sewer easement.
ALSO a permanent drainage and utility easement over, under, and across the easterly 5.50 feetof
the northerly 115.00 feet of said Parcel 2; EXCEPT that part of the northeasterly corner
encumbered by an existing sewer easement.
3647170.v2 215739v1A 4
N
LEGEND
EXISTNG SANITARY LFT STATION EASEMENT
OWNER: OUR LADY OF GRACE CHURCH
P.I.D'S: 2811721340002, 2811721340001
Permanent Ease: 1,467 SQFT +1-
IS PERWVIENT EASEMENT
EXISTING SANITARY LIFT STATION EASEMENT
462.9 SF
20.00
18.97
5.50 5.50
115.00
18.00
11.00
Affidavit —I
Doc. No.
215743
ko,s,44A
4,0
4/1/2021
FILE NO.
ea SEH DATE:
PARCEL SKETCH
OUR LADY OF GRACE CHURCH
EXHIBIT "B"
3647170.v2 215739vIA 7