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HomeMy WebLinkAbout3290(Reserved fir recording) GRANT OF PERMANENT EASEMENT FOR PUBLIC UTILITY PURPOSES NEIL D. SNYDER and NATASHA D. ALEXANDER-SNYDER, as Co-Trustees of THE SNYDER FAMILY TRUST DATED SEPTEMBER 28, 2006, ("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, forever, a permanent easement for utility purposes over, on, across, under and through the land situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the "Easement Property"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said utility systems over, across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, pave, and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public utility systems. 233668v1 The above-named Grantor, for itself, it's heirs, successors and assigns, does covenant with the City, its successors and assigns, that Grantor is well seized in fee title of the Easement Property; that Grantor has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and Grantor will indemnify and hold the City harmless for any breach of the foregoing covenants. [Remainder of this page is intentionally left blank. Signature pages follow.] 233668v1 IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this 10\k's day of 14/4,j. , 202. GRANTOR: THE SNYDER FAMILY TRUST DATED SEPTE BER, 2 , 2006 iiwstek N . Sn der, lqustee a/171741-a a at 06, e t Natasha D. Alexand .--Snyder, rustee STATE OF MINNESOTA ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 202 by Neil D. Snyder, Trustee of The Snyder Family Trust dated September 28,2006, on behalf of the Trust. Nctr ry Public STATE OF MINNESOTA ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of rtastt, , 202 6, by Natasha D. Alexander-Snyder, Trustee of The Snyder Family Trust dated September 28, 2006, on behalf of the Trust. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 DSIUrnew TRYG D. JOHNSON NatAAY PUBUC-MINNEEMA My Commission Expires AIL 31, 2027 233668v1 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A 10.00-foot-wide Utility Easement lying over, on, across, under and through the following described property: Lots 59 and 59A, "ROLLING GREEN, SECTION TWO" The center line of said 10.00-foot Utility Easement is described as follows: Commencing at the southeast corner of Lot 59, "ROLLING GREEN SECTION TWO"; thence North 0 degrees 0 minutes 0 seconds East an assumed bearing along the east line of said Lot 59A a distance of 41.48 feet to the point of beginning of the 10.00-foot Utility Easement to be described; thence North 90 degrees 0 minutes 0 seconds West 8.46 feet; thence South 0 degrees 0 minutes 0 seconds East 8.69 feet; thence southwesterly a distance of 62.73 feet, along a non-tangential curve concave to the northwest having a radius of 223.45 feet, a central angle of 16 degrees 05 minutes 06 seconds and the chord of said curve is 62.52 feet and bears South 58 degrees 47 minutes 17 seconds West; thence northwesterly a distance of 55.43 feet, along a non-tangential compound curve concave to the northeast having a radius of 82.64 feet, a central angle of 38 degrees 25 minutes 47 seconds and the chord of said curve is 54.40 feet and bears North 70 degrees 00 minutes 15 seconds West; thence North 39 degrees 17 minutes 51 seconds West, not tangent to the last describe curve, a distance of 50.31 feet, more or less, to the east line of the west 15.00 feet of Lot 59, "ROLLING GREEN SECTION TWO" and there terminating. The side lines of said easement are to be prolonged or shortened to terminate at the east line of the west 15.00 feet of Lot 59, "ROLLING GREEN SECTION TWO" and the east and south lines Lot 59A, "ROLLING GREEN SECTION TWO". 233668v1 •••• EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT 10.00 Foot Utility Easement Hope Law HARRY S. JOHNSON LAND SURVEYORS SCALE: 1" = 40' 15.00 15.00 FOOT UTIUTY EASEMENT PER "GUNNAR JOHNSON'S REARRANGEMENT, RCLUNG GREEN" Y "ROLLING GREEN SECTION TWO" EAST UNE CF WEST 15.00 FEET OF C.—LOT 59, "ROLLING GREEN SECTION TWO" EAST UNE OF LOT :AA, ...--, "ROLLING GREEN SECTION TNO"---s,, . „..-----' •••,.. 11 9 --- ...... szis tk ;?,0 :5\ ...-••-• , , • ,( bC3 ....-... \ r•ki t, 1 . -----4 . "1/41 1), o fp...i 10 4% '8. 1 1...3 2.5'4> b \-1.,,f,i-)i I, •I'' • t cp, 04', 82‘'.:3 ' " ftkc..„ .2 ,3a00"" •.../i.„ -..,, ...,4 ;41:•see: .4•Alt**".. .•04,..••••••-• .••••%Ire • 14•:*:".4.k.".;:ttt'.4%•/ • ci • ;••••• 0.1- N 90'0'0" W • S 0'0'0" E • N 0'0'0" E 9063 Lyiricio Ave. So. 1131nomingtor, Mt:. 554211 (i‘K° ANN i\\N ) phcne.952-884-5341 fax: 952-884-5344 N( \IL General Notes: SOUTH LINE OF LOT 59A, "ROLUNG GREEN SECTION TWO"— SOUTHEAST CORNER OF LOT 59A, / "ROLM° GREEN SECTION TWO" 1. The bearing system used is assumed. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. i/ Thomas/ Hodoiff, LS.; pMN Roy, No. 23677 10.00 FOOT UTILITY EASEMENT SHEET 2 OF 2 SHEETS HSJ WO: 2024357.DWG Date- October 30, 2074 233668v1 [Reserved for Recording Data] AFFIDAVIT OF TRUSTEE STATE OF A‘u•e, t) ) (ss. COUNTY OF Vky ) Neil D. Snyder and Natasha D. Alexander-Snyder, being first duly sworn on oath, say that: 1. Affiants are one of the Trustees named in that certain Certificate of Trust of record as Document No. T6105609 ("Trust Instrument"), which Certificate of Trust was executed by Affiants and which relates to real property in Hennepin County, Minnesota, legally described as follows: See Attached Exhibit "A" 2. The name and address of each Trustee empowered to act under the Trust Instrument at the time of the execution of this Affidavit is: Neil D. Snyder Natasha D. Alexander-Snyder 5805 Mait Lane 5805 Mait Lane • Edina, MN 55436 Edina, MN 55436 3. The Trustees who have executed that certain Grant of Permanent Easement Agreement relating to the real property described on the attached Exhibit A, between, The Snyder Family Trust dated September 28, 2006, as Grantor, and the City of Edina, as Grantee, dated 0 , 2025: (a) are empowered by the Trust Instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real property held in trust; and 234920v1 (b) are the only Trustees required by the Trust Instrument to execute and deliver such an instrument. 4. The Trust has not terminated and the Trust Instrument has not been revoked. 5. There has been no amendment to the Trust Instrument which limits the power of the Trustees to execute and deliver the instrument described in paragraph 3. 6. The Trust is not supervised by any Court. 7. Affiants do not have actual knowledge of any facts indicating the Trust is invalid. SIGNAT RE F TRUSTEES: pil . yder 1\164,44 0. (176 -1/111 Natasha D. Alexander Snyder Subscri ed and sworn to before me this day of KrAc-c-L , 2025. THIS INSTRUMENT WAS 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/mew 234920v1 EXHIBIT "A" Legal Description Parcel 1: Lot 59, Rolling Green, Section Two, Hennepin County, Minnesota. (Abstract) Parcel 2: Lot 59A, Rolling Green, Section Two, Hennepin County, Minnesota. (Torrens) Parcel 3: An undivided 1/11 interest in and to Outlot 1, Gunner Johnson's Rearrangement, Rolling Green, Hennepin County, Minnesota. (Torrens) 234920v1