Loading...
HomeMy WebLinkAbout2680GRANT OF PERMANENT AND TEMPORARY EASEMENTS BRANDON SQUARE, PARTNERSHIP II, LLP, a Minnesota limited liability partnership, "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 Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City ", its successors and assigns, the following easements: 1. A permanent easement for public street, utility and drainage purposes over, on, across, under, and through the land situated in the County of Hennepin, State of Minnesoiaa, ds legally 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 permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public street, utility and drainage systems over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain, 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 street, utility and drainage easements. z 2. A temporary construction. easement over, across, on, under, and through the land 131985 situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B." To have and to hold the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring November 30, 2008, together with the right of ingress to and egress from the temporary easement premises, 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. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the described property to a condition as nearly equal as possible to that which existed prior to construction. 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 ar6 no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day f , 200 f GRANTOR: BRANDON SQ ; AR"T. SHIP 11, LLP By_ AA 131985 STATE OF MINNESOTA ) ) ss. COUNTY OF tJ ) The foregoing instrument was acknowledged fore me this ®day of 2008 by i�.r the *� of Brandon Square Partnership II, LLP, a Minnesota limited liability partnership, on its behalf. R, T�BLTC 'may PR; ( ��r;, risr.i,:f_::�;rs.lanir�ryt4,J0111 , THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651 -452 -5000 TMS /cjh 131985 EXHIBIT "A" TO GRANT OF PERMANENT AND TEMPORARY EASEMENTS Parcel No. 2 That part of the following described tract of land in the City of Edina: (THE TRACT) Lot 3 and the Easterly Seventy (70) feet of Lot 2, Block 1, YORKTOWN, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County. Which lies within the following permanent easement for street, utility and drainage purposes: That part of Lot 2, Block 1, YORKTOWN, according to said plat on file_ and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the north line of said Lot 2, and a line drawn parallel with and distant 70.00 feet west of the east line of said Lot 2; thence South 00 degrees 30 mitrutes 55 seconds East, assumed bearing along said line drawn parallel with and distant 70.00 feet west of the east line of Lot 2, 42.53 feet; thence North 90 degrees 00 minutes 00 seconds East, 22.84 feet; thence North 25 degrees 53 minutes 59 seconds East, 33.03 feet; thence North 67 degrees 42 minutes 18 seconds East, 34.36 feet, to said north line of Lot 2; thence west along said north line of Lot 2, to the point of beginning. And also which lies within the following temporary easements for construction purposes: 14 The north 119.50 feet of the west 44.50 feet of the east 70.00 feet of said Lot 2. Except that part which lies within any of the above described permanent easement for street, utility and drainage purposes. And also the north 58.50 feet of east 25.5() feet of said Lot 2. Except that part which. lies within any of the above described permanent easement for street, utility and drainage purposes. And also the north 58.50 feet of the west 85.00 feet of said Lot 3. Said temporary easement to expire November 30, 2008. 131985