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HomeMy WebLinkAbout30681 211088v2 (reserved for recording information) GRANT OF PERMANENT EASEMENT FRANK BENNETT and MARY LENARD, as joint tenants, 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, 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 easement for 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”. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said utility systems. 2 211088v2 Following any construction, reconstruction, excavation, inspection, repair, maintenance, or other work (collectively, “work”) relating to or affecting the easement premises or Grantors’ real property, the City agrees to repair or restore at its cost the easement premises and Grantors’ real property to pre-work conditions, including not limited to the repair or replacement of improvements, landscaping, lawn, trees, and shrubbery. 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 easement premises subject to interests appearing of record, that they have the sole right to grant and convey the easement to the City; that are no unrecorded interests in the easement premises; 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] IN TESTIMONY WHEREOF, the Grantor(s) hereto has signed this document this 2o day of PLC t Oe ier, 2020. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 2-° day of 0 ete,etivanr" , 2020, by Frank Bennett and Mary Lenard, husband and wife, Grantors. (ev b74. Notary Public DRAFTED BY: City of Edina 4801 West 50th Street Edina, Minnesota 55424-1394 [RNIC] EYLEEN e BRAATEN Notary Public State of Minnesota My Commission Expires January 31, 2021 211088v2 3 4 211088v2 EXHIBIT “A” TO GRANT OF PERMANENT EASEMENT A permanent easement for utility purposes over, across, on, under and through Lot 9, Block 2, Morningside Oaks and that part of vacated West 41st Street, dedicated in the plat of Morningside Oaks, lying northerly of the centerline of said street, and between the southerly extensions of the east line and of the west line of Lot 9, Block 2, said plat, Hennepin County, Minnesota, described as follows. The Southerly 10.00 feet of said Lot 9, Block 2, Morningside Oaks, as measured at a right angle to the Southerly line of said lot. [Property address: 4024 Grimes Avenue South, Edina, MN 55416 / PIN: 07-028-24-13-0100 / torrens] Certificate of Title No. 1505609 5 211088v2 EXHIBIT “B” TO GRANT OF PERMANENT EASEMENT