Loading...
HomeMy WebLinkAbout2579qb S221222 4th%15PIA� '.uNrr TAXPAYER SrRVICES NOV 12 2003 SPY FEE NEPIN C U TY N 8Y. DEPUTY �� n �f ;� i .ND OR ?,b0; ii&1 12 A 10'- U8 f';wtf- SZZ1222 r rpf, 7' EASEMENT FOR UTILITY PURPOSES THIS EASEMENT AGREEMENT, made this day of 2003, by and between ConAgra Foods, Inc., a Delaware corporation, ( "Grantor ") with offices at One ConAgra Drive, Omaha, Nebraska 68102, Attention Corporate Controller, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, ( "Grantee ") with offices at 4801 West 50`h Street, Edina, Minnesota 55424 -1324; 1. WITNESSETH, that the said Grantor, in consideration of Six Thousand Eight Hundred Fifty and No /100 Dollars ($6,850.00), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey and warrant to said Grantee a non - exclusive easement for the purposes hereinafter set forth, subject to all other items of record, in and over the following described property (the "Property") situated in the City of Edina, County of Hennepin and State of Minnesota, to wit: Utility Easement for Lift Station Number 14 at 7450 Metro Blvd. as follows: A permanent easement for utility purposes over and across the following Property: the Easterly 40.00 feet of the Northerly 40.00 feet of Lot 6, Block 5, EDINA INTERCHANGE CENTER, Hennepin County, Minnesota. 2. it is the intention. and :agreement of the parties hereto that the Grantee shall: in the construction or maintenance of said utilities, replace any sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. Grantee will install and maintain utility facilities on the Property in accordance with all applicable laws, rules and regulations. Any buried portions of the utility facilities shall have a minimum cover of two feet, or such greater cover as is otherwise required hereunder. Grantee shall promptly backfill any excavations made by it on the Property and shall repair, or otherwise provide total compensation for, any damage to the Property or adjoining property owned by Grantor caused by Grantee or its employees, agents or contractors. After any construction and installation by Grantee or its employees, agents or contractors which disturb the surface area of the Property, Grantee will restore, or cause to be restored, the general surface of the ground as nearly as may be reasonably done to the grade and condition it was in immediately prior to such construction and installation. 3. All of the provisions hereof shall run with the land and shall extend to and bind the successors, representatives, grantees or assigns of the respective parties hereto. 4. Notice to a party hereto may be sent to the address noted above or to such other address as is provided by a party hereto from time to time. 5. Grantee shall indemnify and hold Grantor harmless from and against any claims, demands, liabilities, fines, losses, damages, expenses, charges or costs (including attorney's fees) based on or arising from any damage to property, including the Property, or injury to person, including death, resulting from the exercise by Grantee or any of its agents, servants, employees, or contractors of any rights under this Agreement. Prior to entering on the Property, Grantee shall, upon the request of Grantor, deliver to Grantor a certificate of insurance or other reasonable evidence demonstrating that Grantee (or any of Grantee's contractors, should Grantee have contractors exercise the rights of Grantee hereunder) has insurance coverage or reasonably similar protection through a municipal risk - sharing pool including comprehensive general liability insurance in an amount not less than $1,000,000.00 per occurrence, with $1,000,000.00 aggregate, and business auto liability coverage of not less than $750,000.00 per occurrence. 6. In the event of abandonment of the utility facilities installed hereunder, Grantee shall remove all facilities and equipment installed pursuant to this Agreement. 7. Grantor shall have the right, at Grantor's expense, to require Grantee to relocate the Property (and the utility facilities thereon) to another location on Grantor's property, after which an appropriate instrument amending this Agreement shall be signed by each party hereto and recorded in the appropriate records of Hennepin County, Minnesota. In connection with this right, upon the request of Grantor, Grantee shall advise Grantor within thirty (30) days after such request, of the cost to relocate the utility facilities to a different location as proposed by Grantor. IN WITNESS WHEREOF, the said Grantor has caused this instrument to be duly executed the day and year first above written. GRANTOR: ConAgra Foods, Inc. By: ktbl x of Its: VICE PRESIDENT - TAX GRANTEE: City of Edina r A ', STATE OF NEBRASKA ) )ss COUNTY OF DOUGLAS ) The foregoing instrument was acknowled ed before e this day of ' , 2003, by VM (_ the of ConAgra Fo ds, Inc NA 01 f otary Public GENERAL NOTARY - State of Nebraska tARI A. WATSON 2 filly Comm. Em. Aug. 21, 2006 STATE OF MINNESOTA )ss COUNTY OF HENNEPIN The regoing instrument was acknowledged beore me this �� _ day of Q G 2003, by 0ENNIS 72Ci! 6 the -�''f��,, d.�-. of the City of Edina and by ,�' 5QA .z- GG-S. , the % Y �'1 � of the City of Edina. WA&AA.__ _ This instrument was drafted by And return document to: Evergreen Land Services 4131 Old Sibley Memorial Highway Suite 201 Eagan, MN 55122 (651) 882 -0200 3 \V TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT, made this 15' m day of O c ro 1b IG-Al , 2003, by and between ConAgra Foods, Inc., a Delaware corporation, ( "Grantor ") with offices at One ConAgra Drive, Omaha, Nebraska 68102, Attention Corporate Controller; and the City of Edina, Hennepin County, Minnesota, ( "Grantee ") with offices at 4801 West 50`" Street, Edina, Minnesota 55424 -1324. WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. 1. That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Edina, its successors and assigns the following: A Temporary construction easement, such right -of -way to be the right to enter upon the real estate hereinafter described (the "Property") and grade and excavate land for the purpose of constructing the public utility, and the further right to remove bushes, trees, undergrowth and other obstructions on such Property interfering in the location and construction of said utility. 2. That said temporary easement and right -of -way located in the County of Hennepin, State of Minnesota, is described as follows, to -wit: Temporary Easement for Lift Station Number 14 at 7450 Metro Blvd. as follows: A temporary easement for construction purposes over and across the following Property. the Westerly 20.00 feet of the Easterly 60.00 feet of the Southerly 20.00 feet of the Northerly 60.00 feet of Lot 6, Block S, EDINA INTERCHANGE CENTER, Hennepin County, Minnesota. TO HAVE AND TO HOLD, said temporary construction easement and right -of -way unto the City of Edina, Hennepin County, Minnesota, its successors and assigns until December 31, 2004, at which time the easement shall cease. 3. Grantor does hereby covenant with the City of Edina, that subject to all other items of record, they are lawfully seized and possessed of the real estate above described and will defend Grantee against the claim of any person made by, through or under Grantor. 4. Grantee shall promptly backfill any excavations made by it on the Property and shall repair, or otherwise provide total compensation for, any damage to the Property or adjoining property owned by Grantor caused by Grantee or its employees, agents or contractors. After any construction and installation by Grantee or its employees, agents or contractors which disturb the surface area of the Property, Grantee will restore, or cause to be restored, the general surface of the ground as nearly as may be reasonably done to the grade and condition it was in immediately prior to such construction and installation. 5. All of the provisions hereof shall run with the land and shall extend to and bind the successors, representatives, grantees or assigns of the respective parties hereto. 6. Notice to a party hereto may be sent to the address noted above or to such other address as is provided by a party hereto from time to time. 7. Grantee shall indemnify and hold Grantor harmless from and against any claims, demands, liabilities, fines, losses, damages, expenses, charges or costs (including attorney's fees) based on or arising from any damage to property, including the Property, or injury to person, including death, resulting from the exercise by Grantee or any of its agents, servants, employees, or contractors of any rights under this Agreement. Prior to entering on the Property, Grantee shall, upon the request of Grantor, deliver to Grantor a certificate of insurance or other reasonable evidence demonstrating that Grantee (or any of Grantee's contractors, should Grantee have contractors exercise the rights of Grantee hereunder) has insurance coverage or reasonable similar protection through a municipal risk - sharing pool including comprehensive general liability insurance in an amount not less than $1,000,000.00 per occurrence, with $1,000,000.00 aggregate, and business auto liability coverage of not less than $750,000.00 per occurrence. 8. In the event of abandonment of the utility facilities installed hereunder, Grantee shall remove all facilities and equipment installed pursuant to this Agreement. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. GRANTOR: ConAgra Foods, Inc. '� QQ B C./l B:_ . � &V Its: VICE PRESIDENT • TAX 2 GRANTEE: City of Edina 1 STATE OF NEBRASKA ) )ss COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me this 1 a day of -V1Mb&'- , 2003, by �)&Ora L, the y Q h i &V1+ 1 of ConAgra Foods, Inc. 0 Ma Public GENERAL NOTARY • State of Nebraska LORI A. WATSON MY Comm. Up. Aug. 21, 2006 STATE OF MINNESOTA ) )ss OUNTY OF HENNEPIN T`he� foregoing instrument was acknowledged fore me this �� - day of I SC c�T 2003, by y .C/ill /S ): the yd of the City of Edina and by .C. /1�%6FiU�61� of the City of dina. DARLENE R. WALLIN NOTARY PUBLIC MINNESOTA ` 0-- ... My Commission Expires Jan 31.2005 10tary PUb11C instrument was drafted by return document to: Evergreen Land Services 131 Old Sibley Memorial Highway Suite 201 agan, MN 55122 (651) 882 -0200 a L 1 a A (f y TRANSFER ENTERED HFNNEPIN, 00; u Prry rAvP- v r n Wit: "FiVICGS NOV 12 2003 / - N 0 puplicat1, Filing Cerofieate EASEMENT FOR UTILITY PURPOSES y r I ,E OF i 0?j'h I (�f , i1i 13c1% P NEPIN COUNTY, MN 1d1r'S01 A. F 1 171:1 AND OR 2003 NOV 12 All 10: 08 0o u}IE ip THIS EASEMENT AGREEMENT, made this 152 day of OcTo$�tZ , 2003, by and between ConAgra Foods, Inc., a Delaware corporation, ( "Grantor ") with offices at One ConAgra Drive, Omaha, Nebraska 68102, Attention Corporate Controller, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, ( "Grantee ") with offices at 4801 West 501h Street, Edina, Minnesota 55424 -1324; 1. WITNESSETH, that the said Grantor, in consideration of Six Thousand Eight Hundred Fifty and No /100 Dollars ($6,850.00), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey and warrant to said Grantee a non - exclusive easement for the purposes hereinafter set forth, subject to all other items of record, in and over the following described property (the "Property") situated in the City of Edina, County of Hennepin and State of Minnesota, to wit: Utility Easement for Lift Station Number 14 at 7450 Metro Blvd. as follows: A permanent easement for utility purposes over and across the following Property: the Easterly 40.00 feet of the Northerly 40.00 feet of Lot 6, Block 5, EDINA INTERCHANGE CENTER, Hennepin County, Minnesota. 2. It is the intention and agreement of the parties hereto that the Grantee shall in the construction or maintenance of said utilities, replace any sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. Grantee will install and maintain utility facilities on the Property in accordance with all applicable laws, rules and regulations. Any buried portions of the utility facilities shall have a minimum cover of two feet, or such greater cover as is otherwise required hereunder. Grantee shall promptly backfill any excavations made by it on the Property and shall repair, or otherwise provide total compensation for, any damage to the Property or adjoining property owned by Grantor caused by Grantee or its employees, agents or contractors. After any construction and installation by Grantee or its employees, agents or contractors which disturb the surface area of the Property, Grantee will restore, or cause to be restored, the general surface of the ground as nearly as may be reasonably done to the grade and condition it was in immediately prior to such construction and installation. 3. All of the provisions hereof shall run with the land and shall extend to and bind the successors, representatives, grantees or assigns of the respective parties hereto. • i f 5 4. Notice to a party hereto may be sent to the address noted above or to such other address as is provided by a party hereto from time to time. 5. Grantee shall indemnify and hold Grantor harmless from and against any claims, demands, liabilities, fines, losses, damages, expenses, charges or costs (including attorney's fees) based on or arising from any damage to property, including the Property, or injury to person, including death, resulting from the exercise by Grantee or any of its agents, servants, employees, or contractors of any rights under this Agreement. Prior to entering on the Property, Grantee shall, upon the request of Grantor, deliver to Grantor a certificate of insurance or other reasonable evidence demonstrating that Grantee (or any of Grantee's contractors, should Grantee have contractors exercise the rights of Grantee hereunder) has insurance coverage or reasonably similar protection through a municipal risk - sharing pool including comprehensive general liability insurance in an amount not less than S 1,000,000.00 per occurrence, with $1,000,000.00 aggregate, and business auto liability coverage of not less than $750,000.00 per occurrence. 6. In the event of abandonment of the utility facilities installed hereunder, Grantee shall remove all facilities and equipment installed pursuant to this Agreement. 7. Grantor shall have the right, at Grantor's expense, to require Grantee to relocate the Property (and the utility facilities thereon) to another location on Grantor's property, after which an appropriate instrument amending this Agreement shall be signed by each party hereto and recorded in the appropriate records of Hennepin County, Minnesota. In connection with this right, upon the request of Grantor, Grantee shall advise Grantor within thirty (30) days after such request, of the cost to relocate the utility facilities to a different location as proposed by Grantor. IN WITNESS WHEREOF, the said Grantor has caused this instrument to be duly executed the day and year first above written. GRANTOR: ConA ra Foods, Inc. �Q By: C/� • �Z. VICE PRESIDENT - TAX Its: STATE OF NEBRASKA ) )ss COUNTY OF DOUGLAS ) GRANTEE: City of Edina By: 'Oelr�r The foregoing instrument was acknowled ed before me .this 1U, `—` day of Y , 2003, by Y(A the of ConAgra Foods, Inc otary Public GENERAL NOTARY • SIM of Nebraska LORI A. WATSON MY Comm. EV. Aug. 21, 2006 2 STATE OF MINNESOTA )ss COUNTY OF HENNEPIN ) 5� The e in instrument was acknowledged befo e me this / day of 2003 b DEN�✓iS ! %Zp�L"� the 1711,07 D of the city of Edina and by itl ,41 . the K446,6-o�— of the City of Edina. W This instrument was drafted by And return document to: Evergreen Land Services 4131 Old Sibley Memorial Highway Suite 201 Eagan, MN 55122 (651) 882 -0200 DARLENE R. WALLIN NOTARY PUBLIC• MINNESOTA My Commission Expires Jan. 31, & 3 Public