HomeMy WebLinkAbout2849Existing Certs
338661
Doc No T05341321
Certified, filed and/or recorded on
Apr 13, 2016 2:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 84 Pkg ID 1378931M
Document Recording Fee $46.00
Document Total $46.00
e
This cover sheet is now a permanent part of the recorded document.
GRANT OF PERMANENT EASEMENT
THISAASEMENT AGREEMENT ("Agreement") is made and entered as of the an -A
day of -f"e�j • , 2016, by and between the CITY OF EDINA, a Minnesota municipal
corporation, ("City") and CENTERPOINT ENERGY RESOURCES CORP., a Delaware
corporation, doing business in Minnesota as CenterPoint Energy Minnesota Gas, its successors and
assigns ("Grantee") (collectively as the "Parties").
RECITALS
A. The City is the fee owner of property legally described on Exhibit A ("City
Property");
B. Grantee desires an easement over City Property for the purpose of installing gas
pipeline facilities;
NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and
other good and valuable consideration to it in hand paid by Grantee, the receipt and sufficiency of
which is hereby acknowledged by the City:
1. Easement.
A. The City hereby grants unto Grantee, its, successors and assigns, forever, an exclusive
easement (the "Easement") to construct, operate, alter, relocate, replace, substitute,
remove, repair and maintain a gas transmission or distribution pipelines or pipeline
facilities and appurtenances thereto ("Utility System") over, across, on, under, and
through land legally described on the attached Exhibit "B" and depicted on the attached
Exhibit "C" ('Basement Premises"). The Easement shall include the rights of the
Grantee, its contractors, agents, employees, and assigns, to enter upon the Easement
Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain
said Utility System over, across, on, under, and through the Easement Premises,
together with the right to grade, level, fill, drain, pave, and excavate the Easement
Premises, and the further right to remove trees, bushes, undergrowth, and other
1849290
obstructions interfering with the location, construction, and maintenance of said Utility
System. City retains the right to landscape the Easement Premises with grass, mulch or
other similar material and to pave the Easement Premises for parking and driveway
purposes.
B. In addition, City grants to Grantee, its successors and assigns, the right of ingress and
egress to and from City Property and the Easement Premises; the right of surveying, the
right of lateral and subjacent support; and the right to place signs and markers on the
Easement Premises as required by law, or in Grantee's judgment, to protect the public
interest or property owner or to notify them of Grantee's easement.
2. Location of Utility Facilities. The Utility System shall be located and constructed
so as not to interfere with the safety and convenience of ordinary travel along and over currently
existing public ways and so as not to disrupt normal operation of any facilities currently existing
and used for providing sewer, water, or any other public utility service owned or operated by the
City or agency thereof ("City Utility System"). Grantee's construction, operation, repair,
maintenance and location of such Utility System shall be subject to other ordinances or regulations
of the City.
3. Protection of Utilityystem.
A. Grantee shall take reasonable measures to prevent the Grantee's Utility System from
causing damage to persons or property. Grantee shall take reasonable measures to
protect the Utility System from damage that could be inflicted on the facilities by
persons, property, or the elements. Grantee shall take protective measures to the extent
reasonably necessary given the City's work when the City performs work within the
Easement Premises near the Utility System, if given reasonable notice by the City of
such work prior to its commencement. The City shall, and shall cause anyone claiming
by, through or under the City, and their respective contractors, agents, and employees,
to perform any work within the Easement Premises and near the Utility System to use
reasonable measures to prevent such work from causing damage to Grantee's Utility
System.
B. The City agrees not to interfere with, obstruct, or perform or undertake any activity that
could damage or restrict Grantee's use or operation of the utility facilities within the
Easement Premises or the rights granted to Grantee by this instrument. Additionally,
City agrees not to encroach upon the Easement Premises by filling, excavating or
erecting buildings or permanent enclosures unless the same are pre -approved by
Grantee, which approval shall not be unreasonably delayed or withheld. City
understands and agrees that Grantee may remove any unapproved encroachments or
obstructions City places on the Easement Premises, at City's expense.
C. City agrees that future utilities of other entities will not be located within the Easement
Premises without Grantee's advance written consent, which consent shall not be
unreasonably delayed or withheld.
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4. Restoration. Upon completion of any work requiring the opening of the Easement
Premises, Grantee shall, in all cases, place the Easement Premises in, on, under or across which the
same are located in as good condition as they were prior to said operation. Grantee shall also
maintain the same in good condition for two (2) years thereafter. The work shall be completed as
promptly as weather permits, and if Grantee shall not promptly perform and complete the work,
remove all dirt, rubbish, equipment and material, and put the Easement Premises in the said
condition, the City shall have, after demand to Grantee to cure and the passage of a reasonable
period of time following the demand, but not to exceed five (5) days, the right to make the
restoration at the expense of Grantee. Grantee shall pay to the City the cost of such work done for
or performed by the City, including its administrative expense and overhead, plus ten percent
(10%) additional as liquidated damages. This remedy shall be in addition to any other remedy
available to the City.
5. Permission for Excavation. Grantee shall not open or disturb the surface of the
Easement Premises for any purpose without first having obtained permission from the City.
Grantee may, however, open and disturb the Easement Premises without permission from the City
where an emergency exists requiring the immediate repair of Utility System. In such event Grantee
shall notify the City by telephone to the office designated by the City before opening or disturbing
the Easement Premises. On the next working day thereafter, Grantee shall obtain any required
permits and pay any required fees.
6. Termination. This Easement shall terminate if the Utility System is abandoned or
relocated from the City Property.
7. Indemnification. Grantee shall indemnify, keep and hold the City, its elected
l officials, officers, employees, and agents free and harmless from any and all liability on account of
" injury or death of persons or damage to property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, or the operation of the
Utility System in, on, over, under, or across the Easement Premises. The City shall not be
indemnified for losses or claims occasioned through its own negligence and/or the negligence of its
contractors, agents, and employees except for losses or claims arising out of or alleging the City's
negligence as to the issuance of permits for, or inspection of, the Grantee's plans or work.
8. Grantee to Defend Claims. In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Grantee at its sole cost and expense shall
defend the City in such suit if written notice thereof is promptly given to Grantee within a period
wherein Grantee is not prejudiced by lack of such notice. If Grantee is required to indemnify and
defend, it will thereafter have control of such litigation, but Grantee may not settle such litigation
without the consent of the City, which consent shall not be unreasonably withheld. This section is
not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and
Grantee, in defending any action on behalf of the City shall be entitled to assert in any action every
defense or immunity that the City could assert in its own behalf.
9. Compliance with Applicable Laws. Grantee shall at all times comply with all
applicable laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now or
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hereafter promulgated or enacted. At no time shall the installation, operation, or maintenance of
the system endanger or interfere with the safety of persons or property in the City.
10. Failure to Exercise Rights. Grantee may exercise the rights conveyed herein from
time to time as may be necessary and convenient, and Grantee's failure to exercise said rights will
not limit or extinguish said rights. Grantee's rights can only be extinguished or modified by a
written instrument executed by Grantee and filed of record.
11. Recitals. Recitals are incorporated and made a part of this Easement.
12. Authority. The persons signing this Easement have the real and apparent authority
to bind the respective parties.
13. Counterparts. This Easement Agreement may be executed in any number of
counterparts, each of which will be deemed to be an original, but all of which, when taken
together, constitute the same instrument.
IN TIMONY WHEREOF, the parties hereto have signed this document this
day of , 2016.
[Remainder of Page Intentionally Left Blank]
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1849290
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
T e foregoing instrument was acknowledged before me this an -1 day
4-V L2 2016, by James Hovland and Scott Neal, respectively the Mayor and
M ager of the City of Edina, a Minnesota municipal corporation, City, on behalf of
corporation and pursuant to the authority grante i
tCncil.
SHARON M. ALLISON Not blic
Notary Public -Minnesota
MY Commission Expires Jan 31, 2020
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184929vl
of
City
the
GRANTEE:
CENTERPOINT ENERGY RESOURCES CORP.,
D/B/A CENTERPOINT ENERGY MINNESOTA GAS
By:
rad A. Tu pian, &vision Vice rest t
CenterPoint Energy
Regional Gas Operations
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
1
The foregoing instrument was acknowledged before me this � day of
2016, by Brad A. Tutunjian, Division Vice President, CenterPoint Energy
Regional Gas Operations of Centerpoint Energy Resources Corp., a Delaware corporation, doing
business in Minnesota as CenterPoint Energy Minnesota Gas, on behalf of said corporation.
KATHLEEN MM S MONSON
�� Notary c
t' -• �•
Minnesota
�" ,s/ My Comm. Expires
Jar& 11, 2017
-a'N='ch'%m" "'.'}`sem.
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/cjh
Notary Public
6
184929v1
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of City Property:
Lot 1, Block 1, AMUNDSON'S TERRACE, Hennepin, Minnesota, according to the recorded plat
thereof.
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184929v1
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of Easement Premises:
A 25 foot permanent easement for gas facility purposes over, under and upon the land legally
described as follows:
The East 25.00 feet of the West 65.00 feet of the North 30.00 feet, Lot 1, Block 1, AMUNDSON'S
TERRACE, Hennepin County, Minnesota, according to the recorded plat thereof.
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EXHIBIT "C"
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GRANT OF PERMANENT EASEMENT
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Doc No T05160870
Certified, filed and/or recorded on
Mar 27, 2014 10:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 89 Pkg ID 1095477M
Doc Name: Easement
Document Recording Fee $46.00
Document Tota! $46.00
Existing Certs New Certs
1107950
This cover sheet is now a permanent part of the recorded document.
GRANT OF PERMANENT EASEMENT
L B EDINA, LLC, a Minnesota limited liability company, hereinafter referred to as
"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 municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City," its successors and assigns, forever, a permanent,
non-exclusive easement (the "Easement") for public roadway, sidewalk, drainage and utility
purposes over, across, on, under, and through land situated within the County of Hennepin, State
of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit `B"
(the "Easement Area"), subject to the terms hereinafter set forth.
1. The Easement shall include the rights of the City, its contractors, agents, servants,
and assigns, to enter upon the Easement Area at all reasonable times to construct, reconstruct,
inspect, repair, and maintain said public roadway, sidewalk, drainage and utility systems over,
across, on, under, and through the Easement Area, together with the right to grade, level, fill,
drain and excavate the Easement Area, and the further right to remove trees, bushes,
undergrowth, and other obstructions located within the Easement Area interfering with the
location, construction, and maintenance of said public roadway, sidewalk, drainage and utility
easements (all such activities are hereafter collectively referred to as "City Activities").
2. In making use of the Easement, the City shall, and shall cause its contractors to:
(i) use commercially reasonable efforts to minimize any adverse impact to the business
operations conducted by Grantor on the adjacent property, including, but not limited to, keeping
the access drive to be installed over the Easement Area at all times open for ingress to and egress
from Grantor's adjacent property from and to Hazelton Road; (ii) replace and restore any areas
and improvements disturbed by City Activities to the condition they were in prior to the
performance thereof; (iii) diligently complete all City Activities once such activities have begun;
and (iv) maintain any City installations or equipment located on or about the Easement Area in
good order and repair.
3. The Easement is subject to all matters of record, and Grantor hereby reserves
from the grant of the Easement the continuing right to use the Easement Area for all purposes not
inconsistent with the permitted use of the Easement Area granted to the City herein.
4. The City agrees, as and for consideration given for the grant of the Easement, that
no costs associated with City Activities or any other improvements, maintenance, or repair,
within the Easement Area or in the right of way of Hazelton Road, shall be charged to or
assessed against any property of Grantor, or otherwise be the obligation of Grantor.
5. 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 Easement 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.
-2-
6. The rights and obligations of this agreement shall bind and benefit, and be
enforceable by, Grantor and the City, and their respective successors and assigns.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this 16
day of '2014.
GRANTOR:
L B EDINA, LLC
is
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /1" day of
2014, by u� T AWA � , the 1 �IIIT of L
B Edina, 6LC, a Minnesota limited liability company, on behalf of said company.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh
-3-
gw�zh 06 ( OA
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• ��; ROBERTA ANN 30HNSON
NOIARY PUBLIC MINNESOTA
�•+�"'�;vy !.t Camri55wnEI res Jan. 31. 2014
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EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Parcel 15
A permanent easement for roadway, sidewalk, drainage and utility purposes over, under and
across that part of Lot 2, Block 7, Yorktown as is on file and of record in the Office of the
County Recorder, Hennepin County Minnesota, which lies northerly and northeasterly of the
following described line: Commencing at the northeast corner of said Lot 2; thence South 00
degrees 11 minutes 54 seconds East, assumed bearing along the east line thereof, 43.09 feet to
the point of beginning of the line to be hereinafter described; thence South 89 degrees 46 minutes
15 seconds West, 39.27 feet; thence northwesterly along a non-tangential curve, concave the
southwest, 53.03 feet, having a radius of 49.00 feet, central angle of 62 degrees 00 minutes 33
seconds, chord bearing of North 31 degrees 33 minutes 47 seconds West and a chord distance of
50.48 feet to the north line of said Lot 2 and said line there terminating
AND ALSO
A permanent easement for roadway, sidewalk, drainage and utility purposes over, under and
across that part of said Lot 2, described as follows: Commencing at the northwest corner of said
Lot 2, thence North 89 degrees 47 minutes 37 seconds East, assumed bearing along the north line
thereof, 102.19 feet to the point of beginning of the easement to be hereinafter described; thence
continue North 89 degrees 47 minutes 37 seconds East along said north line, 135.00 feet; thence
South 00 degrees 12 minutes 23 seconds East, 7.62 feet; thence South 89 degrees 28 minutes 49
seconds West, 135.00 feet; thence North 00 degrees 12 minutes 23 seconds West, 8.36 feet to the
point of beginning.
(Torrens Certificate of Title No. 1107950)
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
AMERICAN UNITED LIFE INSURANCE COMPANY, an Indiana corporation,
which holds a mortgage on all or part of the property more particularly described in the
foregoing Grant of Permanent Easement, which mortgage is dated June 19, 2003, and recorded
June 20, 2003 as Torrens Document No. 3761425 with the office of the County Registrar of
Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the
foregoing Grant of Permanent Easement.
Dated this 13 day of January, 2014.
AMERICAN UNITED LIFE
INSURANCE COMPANY
By:
Steven T. Holland
Its:Vice President
STATE OF INDIANA )
)ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me this 234_ day of January, 20,14;
by Steven T. Holland the Vice President of American United Life Insurance Company; an:
Indiana corporation, on behalf of said corporation.
NOTARY PUBLI
Kathleen M Gregory
DRAFTED BY: Vota y Public Seal State of Indiana;
CAMPBELL KNUTSON Johnson county
Professional Association tdy Commission Expires 09/05#2079
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh -
GP3581988 vl
GP:3581988 Q
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_PROPOSED PERMANENT ROADWAY SIDEWALK AND
DRAINAGE AND UTILITY EASEMENT AREA ■ 3,220&q R
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101 xonb�vem S" a, 3W France Avenue Improvements V%NA. M, mamw NO.
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Il�a7 a�.1 Easement Parcel Sketch
'�� s,U Parcel No. IS
i..—•�� City of Edina, Minnesota Exhibit B
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