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EASEMENT FOR DRAINAGE AND UTILITY PURPOSES
THIS INSTRUMENT is made this day of � 0o) 2002, by and
between Rovick Realty Limited Liability Partnership, a limited liability partnership under the
laws of the State of Minnesota ( "Rovick "), and the City of Edina, a municipal corporation
organized under the laws of the State of Minnesota (the "City ").
RECITALS
A. Rovick is the fee owner of certain real property described on Exhibit A, attached
hereto and made a part hereof (the "Property ");
B. The City is relocating certain utilities and drainage facilities affecting the Property
and, as a result, requires an easement over said Property to perform this said relocation and
any related future maintenance, repair or replacement; and
C. Rovick wishes to create a non - exclusive, perpetual easement for utility and drainage
purposes over, under, across, and through a portion of the Property in favor of the City and
more fully described on Exhibit B, attached hereto and made a part hereof (the "Easement ").
AGREEMENT
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Granting of Easement. Rovick does hereby grant, bargain, sell, convey and warrant
to the City the non - exclusive, perpetual Easement described on Exhibit B for the purpose of
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EASEMENT FOR DRAINAGE AND UTILITY PURPOSES
THIS INSTRUMENT is made this day of � 0o) 2002, by and
between Rovick Realty Limited Liability Partnership, a limited liability partnership under the
laws of the State of Minnesota ( "Rovick "), and the City of Edina, a municipal corporation
organized under the laws of the State of Minnesota (the "City ").
RECITALS
A. Rovick is the fee owner of certain real property described on Exhibit A, attached
hereto and made a part hereof (the "Property ");
B. The City is relocating certain utilities and drainage facilities affecting the Property
and, as a result, requires an easement over said Property to perform this said relocation and
any related future maintenance, repair or replacement; and
C. Rovick wishes to create a non - exclusive, perpetual easement for utility and drainage
purposes over, under, across, and through a portion of the Property in favor of the City and
more fully described on Exhibit B, attached hereto and made a part hereof (the "Easement ").
AGREEMENT
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Granting of Easement. Rovick does hereby grant, bargain, sell, convey and warrant
to the City the non - exclusive, perpetual Easement described on Exhibit B for the purpose of
f
constructing, relocating, maintaining, repairing, and replacing utility services and drainage
facilities.
2. Construction, Maintenance, Repair, and Replacement. Rovick hereby grants the
City the right to entef the Property to construct utilities and drainage facilities within the
Easement. The City shall thereafter maintain such utilities and drainage facilities in good
condition and repair, and may enter the Property and the Easement as necessary for such
purposes. Except in the event of an emergency, the City shall provide Rovick five days prior
notice before undertaking any construction, maintenance, repair or replacement of such
utilities or drainage facilities. In the event of an emergency, the City shall provide such notice
as is reasonable under the circumstances. At any and all times during which the City
undertakes said construction, maintenance, repair or replacement, the City shall not
unreasonably interfere with the use of the Property by Rovick, its employees, customers, or
invitees. Unless otherwise agreed by the parties in writing, all costs of any such maintenance,
repair or replacement shall be borne exclusively by the City. Any act of construction,
maintenance, repair or replacement performed on the Property or on the Easement by the City
shall be performed in a good and workmanlike manner, free from fault, defects and liens,
pursuant to sound engineering practices and in compliance with all applicable governmental
requirements.
3. Improvements. Rovick shall not make or cause to be made any improvements in,
under, over or around the Easement that may unreasonably interfere with the City's use of the
Easement for the above - described purposes.
4. Future Conveyances; Covenants Running With the Land. The Easement set forth in
this agreement shall be incorporated by reference in all future conveyances, mortgages,
assignments and other transfers of the Property; provided, however, that notwithstanding any
failure to incorporate the Easement herein granted by reference, the Easement will run with
the title to the Property.
5. Successors and Assigns. The Easement is binding upon and inures to the benefit
of Rovick and the City, and their respective successors and assigns.
LMW- 218341v2 2
RV 105 -3
6. Entire Agreement. This instrument contains all the agreements and understandings
of the parties hereto concerning the matters that are the subject of this instrument. Any
modification hereto shall be of no force and effect unless it is made in writing, signed by both
parties hereto, and filed for record in the Office of the County Recorder, Hennepin County,
Minnesota.
7. Governing Law. This instrument shall be governed by the laws of the State of
Minnesota.
IN WITNESS WHEREOF, Rovick has caused this instrument to be duly executed the day
and year first above written.
Rovick ty Limited Liability Partnership
By:
Its:
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this �= day of
2002, by 90-1 -cal c.
the of Rovick Realty Limited Liability Partnership, a
limited liability partnership of the State of Minnesota on behalf of the limited liability
partnership.
This instrument was drafted by:
City of Edina
4801 W. 50th Street
Edina, MN 55424
LM W- 218341 v2
RV 105 -3
Notary .
s
BARBARA E. LANEY
E NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan. 31, 200!
3
Exhibit A
Legal Description of the Property
Lots 1 and 2, Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION, according to the
recorded plat thereof, Hennepin County, Minnesota
LMW- 218341v2 4
RV 105 -3
A
Exhibit B
Legal Description of the Easement
A 16.00 foot wide strip of land over, under and across Lots 1 and 2, Block 2, SOUTHDALE
OFFICE PARK SECOND ADDITION, according to the recorded plat thereof, Hennepin County,
Minnesota. The center line of said strip of land is described as commencing at the southeast
corner of said Lot 2; thence South 89 degrees 49 minutes 30 seconds West, assumed bearing,
along the southerly line of said Lot 2, a distance of 18.56 feet to an angle point in said southerly
line of Lot 2; thence North 61 degrees 04 minutes 44 seconds West, along said southerly line of
Lot 2, a distance of 18.66 feet to the point of beginning of said center line to be described;
thence North 33 degrees 11 minutes 13 seconds East a distance of 30.74 feet; thence North 0
degrees 28 minutes 58 seconds West a distance of 12.29 feet to a point hereinafter referred to
as Point "A "; thence continuing North 0 degrees 28 minutes 58 seconds West a distance of
141.54 feet; thence North 48 degrees 27 minutes 21 seconds West a distance of 125.95 feet;
thence 0 degrees 25 minutes 30 seconds West a distance of 36.85 feet to the northerly line of
said Lot 2 and said center line there terminating. The side lines of said easement shall be
prolonged or shortened to terminate at said northerly and southerly lines of said Lot 2.
Together with an 18.00 foot wide strip of land over, under and across said Lots 1 and 2. The
center line of said strip of land is described as beginning at the above referenced Point "A ";
thence South 89 degrees 50 minutes 00 seconds West a distance of 37.30 feet; thence North
65 degrees 10 minutes 29 seconds West a distance of 216.13 feet; thence North 80 degrees
51 minutes 37 seconds West a distance of 166.95 feet to a line hereinafter referred to as Line
"A"; thence South 88 degrees 18 minutes 05 seconds West a distance of 117.69 feet to the
westerly line of said Lot 1 and said center line there terminating. The side lines of said
easement shall be prolonged or shortened to terminate at said westerly line of Lot 1.
Together with a 12.00 foot wide strip of land over, under and across said Lots 1 and 2. The
center line of said strip of land is described as beginning at the intersection of said westerly line
of Lot 1 with a line 15.00 feet southerly of and parallel with said Line "A'; thence North 88
degrees 18 minutes 05 seconds East, along said parallel line and its easterly extension, a
distance of 272.64 feet; thence South 50 degrees 09 minutes 12 seconds East a distance of
106.37 feet to said southerly line of Lot 2 and said center line there terminating. The side lines
of said easement shall be prolonged or shortened to terminate at said westerly line of Lot 1 and
southerly line of Lot 2.
Together with an easement over, under and across that part of the east 16.00 feet of said Lot 2
which lies northerly of the most southerly 26.00 feet of said Lot 2.
Together with an easement over, under and across the northerly 10.00 feet of said Lot 2.
Together with an easement over, under and across that part of said Lot 2 which lies
northeasterly of a line described as commencing at the northeast corner of said Lot 2; thence
South 0 degrees 25 minutes 30 seconds East, along the east line of said Lot 2, a distance of
36.83 feet to the point of beginning of the line to be described; thence North 43 degrees 07
minutes 40 seconds West a distance of 94.13 feet to said northerly line of said Lot 2 and said
line there terminating.
LM W- 218341 v2 5
RV 105 -3