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HomeMy WebLinkAbout3026Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer III II II I I I II I II I I III I Doc No A10695367 Certified, filed and/or recorded on Aug 27, 2019 10:38 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1865242E Document Recording Fee $46.00 Document Total $46.00 Transfer Entered Aug 27, 2019 10:38 AM PID(s) 18-028-24-24-0075 This cover sheet is now a permanent part of the recorded document. GRANT OF TEMPORARY AND PERMANENT EASEMENT THIS AGREEMENT made this k 61 day of Atkomu 94 , 2019, by DIANE MULLIGAN, a single person, hereinafter referred to as "Grantor'; to the CITY OF EDINA, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City". WITNESSETH: TEMPORARY EASEMENT The Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the City, its successors and assigns a temporary construction easement over, on, across, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described in the attached Exhibit "N' and depicted on the attached Exhibit "B"("Temporary Construction Easement "). TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants, successors and assigns, commencing upon execution of this document and expiring July 1, 2020, together with the right of ingress to and egress from the Temporary Construction Easement, 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, it being the intention of the parties hereto that the Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described Temporary Construction Easement, subject only to the right of the City to use the same for the purposes herein expressed; it being further intentioned by the parties that if any of the City's activities cause any disruption of the surface of the Temporary Construction Easement, the City shall cause such surface areas of the Temporary Construction Easement to be put back in a condition as close as reasonably possible to the condition which existed prior to the City's activities thereon, provided the City shall not be required to replace any shrubs, bushes, trees or other vegetation. 184817v1 PERMANENT EASEMENT FURTHER, the Grantor, in consideration of the additional sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, forever, a permanent easement for drainage and utility purposes over, across, on, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described in the attached Exhibit "A" and depicted on the attached Exhibit "B" ("Permanent Easement Premises"). 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 drainage and utility systems 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 other obstructions interfering with the location, construction, and maintenance of said public roadway, sidewalk, drainage and utility easements. 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 are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. (Remainder of the page intentionally left blank Signature page follows.) 184817v1 IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this ig day of pcvaJus ,2019. GRANTOR: Diane Mulligan STA OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of am s tat , 2019, by Diane Mulligan, a sin Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 ELIZABETH A. MOORE NOTARY PUBLIC.MINNESOTA My Commission Expires January 31, 2022 184817v1 pe /1 EXHIBIT "A" TO GRANT OF TEMPORARY AND PERMANENT EASEMENT A perpetual easement for drainage and utility purposes over, under and across the north 10.00 feet, as measured at a right angle, of Lot 5, Block 14, COUNTRY CLUB DISTRICT, BROWN SECTION, according to the recorded plat thereof, Hennepin County, Minnesota. AND Together with a temporary easement for construction purposes over, under and across the south 15.00 feet of the north 25.00 feet, as measured at right angles, of said Lot 5. Said temporary easement shall expire on July 1, 2020. 10C1A1 t% 111..; 1 yyA 184817v1 ,-722,117;9 V (1/ L1 12 L T OCK t 0 14 N , N LOT .2 14 est e• -r- .., e r.rr ter r r r r end PROPOSED EASEMENT DESCRIPTIONS A perpetual. easement for drainage and inlay psupos - mu; under and across the north IMOD feet. as measured a a right angle, a/ lat 5, UWE lit COUNTRY CW OUTRICT, BROWN SECTION, arnardinnothe recorded plat thereof, Hennepin Camay. Cfmnesota. AND Together vn7h a temporary earomentfor construction purposes over. under and amass the south 15.00 feet of the north 25.00 feet as measured at light =Glee, of said Lae 5. Said temporary ease nem shall engrean December 1.2019- 0 30 MN SIMS SCALER" FEET Heaton &Menk. Inc 2019, All Riglis Reserved 111111a1 22 722 PROPOSED PERPLTUAL DIIMIAGE Fr. UMW EASEMENT (± SAMMYFT.) PROPOSED1EMPORARYCCHBIRUCOON EASEMENT (± LOOP SES nip EASEMENT EXHIBIT 41iO4 EIROWNDME AVENUE, EDINA, MN 55424 12224 PROWLS-AVENUE BURIISVII1E,MINNBOTA 59337 (932)840-050 LOT s & B. BIDF](14 COUNTRY CLUB OBTRICT, DROWN SECTION HENNEPIN «metre, mpi TOR: CM' OF MIRA C C - -TO T SURVEYOR'S CERTIFICATION I hereby codify that illissurvey, plan, or report WI, prepared by men, under my deer suiperuisim and distil am; duly licensed Land Surveyor undertht laws of the State or Minnesota. EXHIBIT "B" TO GRANT OF TEMPORARY AND PERMANENT EASEMENT JCIONOMBFIC T11117106 FEW BOOK: DRAWN BY: HRH H:1,EDRUt a_MNE1135.1780BtGMAC3131505117BE1E0 .51.9-72B-1124-23,24 184817v1 2 GRANT OF TEMPORARY AND PERMANENT EASEMENT THIS AGREEMENT made this 61 day of ALL fiA , 2019, by DIANE MULLIGAN, a single person, hereinafter referred to as "Grantor", to the CITY OF EDINA, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City". WITNESSETH: TEMPORARY EASEMENT The Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the City, its successors and assigns a temporary construction easement over, on, across, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described in the attached Exhibit "A" and depicted on the attached Exhibit "B"("Temporary Construction Easement "). TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants, successors and assigns, commencing upon execution of this document and expiring July 1, 2020, together with the right of ingress to and egress from the Temporary Construction Easement, 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, it being the intention of the parties hereto that the Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described Temporary Construction Easement, subject only to the right of the City to use the same for the purposes herein expressed; it being further intentioned by the parties that if any of the City's activities cause any disruption of the surface of the Temporary Construction Easement, the City shall cause such surface areas of the Temporary Construction Easement to be put back in a condition as close as reasonably possible to the condition which existed prior to the City's activities thereon, provided the City shall not be required to replace any shrubs, bushes, trees or other vegetation. 184817v1 tse...a.....a.a.sibussassbado ELIZABETH A. MOORE I 0 DM} 1 ED BY: CAMPBELL KNUTSON Professional Association 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 NOTARY PUBLIC • MINNESOTA My Commission Expires January 31, 2022 ilrePTIPTIWWWWWWrIl IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this i day of i\3 , 2019. GRANTOR: Diane Mulligan STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this t ett-. day of OkilSt , 2019, by Diane Mulligan, a sin Notary Public 184817v1 r• ••• • • a • 1-r. I Ulf It! e--1' I rl•• ilii 8128019 Date Eric R. Mahn- 46 17 License Number Together with a temporary easement for construction purposes over, under and across the south 15.00 feet of the north 251:43 feet, as measured at right angles, amid Lot 5. AND Said temporary easement shall expire on December 1, 2019. 12224 NIODLLETAVENUE BURNSVIIIE, MINNESOTA 55337 (952)290-0509 nri Way MENK DOLTON FIELD BOOK: DRAWN BY: ERW 5111-128-824-23,24 JOB NUMBER: T13.1171305 HAEDINA_O_MN013117808\CAD1C30 SW31178050 ti (is' Ti) / 1 N ACle as ~ q, PROPOSED EASEMENT DESCRIPTIONS A perpetual easement for drainage and Milky purposes over. under and amass the north 10.00feet, as measured at a right angle, of Lot 5, Block 14, COMMIT CWB DISTRICT, BROWN SECTION. according to the recorded plat thereof, Hennepin County, Minnesota. SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor underthe laws of the State of Minnesota. 0 30 WA' F IN FEET thBolton & Meth, Inc. 2019, AR Rights Reserved 2Z 22 PROPOSED PERPETUAL DRAINAGE UTILITY EASEMENT (±-1A28 Sq. FL) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (2 2009 SIX ft) EASEMENT EXHIBIT 4604 BROWNDALE AVENUE, EDINA, MN 55424 LOT 5 & 8, BLOCK 14 COUNTRY CWB DISTRICT, BROWN SECTION HENNEPIN COUNTY, MN FOR: COY OF EOM O 4 0 LOT 5 EXHIBIT "B" TO GRANT OF TEMPORARY AND PERMANENT EASEMENT 184817v1