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HomeMy WebLinkAbout3284 220976v2 1 (Reserved for recording) GRANT OF PERMANENT AND TEMPORARY EASEMENTS RUTH Y. OSTROM and DEAN T. BECKER, married to each other, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do 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 easement for public roadway 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" (“Permanent Easement Premises”), including the rights of the City, its contractors, agents, and servants to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway system over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, pave and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and 220976v2 2 other obstructions interfering with the location, construction, and maintenance of said public roadway system. 2. A temporary construction easement 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" (“Temporary Easement Area”). To have and to hold the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring October 31, 2024, together with the right of ingress to and egress from the Temporary Easement Area, 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. Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described Temporary Easement Area, subject only to the right of the City to use the same for the purposes herein expressed. The above named Grantors, for themselves, their heirs, successors and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described Permanent Easement Premises and Temporary Easement Area; that they have the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the Permanent Easement Premises and/or Temporary Easement Area; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. [Remainder of page intentionally left blank. Signature page follows.] 220976v2 3 IN TESTIMONY WHEREOF, the Grantors hereto have signed this agreement this ______ day of ______________, 2022. GRANTORS: _____________________________________ Ruth Y. Ostrom _____________________________________ Dean T. Becker STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2022, by Ruth Y. Ostrom and Dean T. Becker, married to each other, Grantors. _________________________________________ Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 DSK 220976v2 4 EXHIBIT "A" Permanent Easement Description: A permanent easement for public roadway purposes over, under, across and through Lot 4, Block 1, Mirror Lake View, according to the recorded plat thereof, Hennepin County, Minnesota. Said permanent easement lies southerly of the following described line: Commencing at the southwest corner of said Lot 4; thence North 00 degrees 32 minutes 10 seconds West, assumed bearing along the west line thereof, a distance of 5.78 feet to the point of beginning of the line to be described; thence southeasterly, a distance of 72.09 feet along a non-tangential curve concave to the northeast having a radius of 271.83 feet, a central angle of 15 degrees 11 minutes 43 seconds, and a chord which bears South 71 degrees 32 minutes 45 seconds East a distance of 71.88 feet; thence southeasterly, a distance of 51.15 feet along a reverse curve concave to the southwest having a radius of 58.17 feet and a central angle of 50 degrees 23 minutes 09 seconds; thence North 89 degrees 34 minutes 47 seconds East, a distance of 1.66 feet to the east line of said Lot 4, and said line there terminating. Temporary Easement Description: A temporary easement for construction purposes over, under, and across that part of the following described property: Lot 4, Block 1, Mirror Lake View, according to the recorded plat thereof, Hennepin County, Minnesota. Said temporary easement lies between Line A and Line B described as follows: Line A: Commencing at the southwest corner of said Lot 4; thence North 00 degrees 32 minutes 10 seconds West, assumed bearing along the west line thereof, a distance of 5.78 feet to the point of beginning of the line to be described; thence southeasterly, a distance of 72.09 feet along a non-tangential curve concave to the northeast having a radius of 271.83 feet, a central angle of 15 degrees 11 minutes 43 seconds, and a chord which bears South 71 degrees 32 minutes 45 seconds East a distance of 71.88 feet; thence southeasterly, a distance of 51.15 feet along a reverse curve concave to the southwest having a radius of 58.17 feet and a central angle of 50 degrees 23 minutes 09 seconds; thence North 89 degrees 34 minutes 47 seconds East, a distance of 1.66 feet to the east line of said Lot 4, and said line there terminating. Line B: Commencing at the southwest corner of said Lot 4; thence North 00 degrees 32 minutes 10 seconds West, assumed bearing along the west line thereof, a distance of 74.56 feet to the point of beginning of the line to be described; thence South 62 degrees 24 minutes 39 seconds East, a distance of 37.19 feet; thence North 27 degrees 35 minutes 21 seconds East, a distance of 10.00 feet; thence South 62 degrees 24 minutes 39 seconds East, a distance of 38.35 feet; thence South 27 degrees 35 minutes 21 seconds West, a distance of 31.27 feet; thence South 02 degrees 51 minutes 17 seconds East, a distance of 30.43 feet; thence easterly, a distance of 52.24 feet along a non-tangential curve concave to the north having a radius of 266.83 feet, a central angle of 11 degrees 13 minutes 04 seconds, and a chord which 220976v2 5 bears South 82 degrees 18 minutes 16 seconds East a distance of 52.16 feet to the east line of said Lot 4, and said line there terminating. Said Temporary Easement will expire October 31, 2024. [PID 30-117-21-14-0040 / 6300 Interlachen Blvd., Edina, MN /Abstract] 220976v2 6 EXHIBIT "B"