HomeMy WebLinkAbout2714r
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Doc No T4856197
Certified, filed and /or recorded $on
5/11/11 12:00 PM-
Office of the Reg strar of Titles
Hennepin Couniy, Minnesota
Michael H. Cunhfff, Registrar of Titles
Jill L. Alverson�:County Auditor and Treasurer
Deputy 45 Pkg ID 710473
Doc NameyEasement
�r.
Document Recording Fee $46.00
Multiple Certificates Affected $20.00
Fee:
Document Total $66.00
Existing Certs New Certs
426147
448083
This cover sheet is now a permanent part of the recorded document.
UTILITY EASEMENT
KNOW ALL BY THESE PRESENTS, That the undersigned, hereinafter called "Grantor ", in
consideration of the sum of $1.00 and other good and valuable consideration in hand paid by
NORTHERN STATES POWER COMPANY, a Minnesota Corporation, d/b /a Xcel Energy, the receipt
and sufficiency whereof is hereby acknowledged, do hereby, grant unto said Company its successors and
assigns, hereinafter called "Grantee ", an easement with the right, privilege and authority to excavate for,
construct, install, mark, inspect, operate, repair, alter, replace, reconstruct, remove and maintain its
facilities for the transmission and distribution of electrical energy, including the necessary electric
cables, conduits, vaults, pedestals, manholes and facilities related and appurtenant thereto, over, across,
under and upon said easement on the following described land situated in the County of Hennepin, State
of Minnesota, (hereinafter called "Premises ") to -wit:
Outlots 1 and 2, Edina Grove
(Torrens Certificate of Title No. 426147)
Except for the right of access, tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called "Easement Area ") described as follows:
The Easterly 10 feet as measured perpendicular to the east lines of the above described
Premises. (As shown on attached Exhibit A).
That part of Tract B, Registered Land Survey No. 1126, Files of the Registrar of Titles,
County of Hennepin lying Southerly and Westerly of the following described line:
Beginning at the most Southerly corner of said Tract B; thence Northwesterly at an angle
of 12 degrees 00 minutes as turned Northerly from the South line of said Tract B, a
distance of 665 feet to a point of curve to the right with a radius of 295 feet and a delta
angle of 77 degrees 30 minutes; thence Northwesterly and Northerly along said curve a
distance of 399.03 feet to a point of reverse curve to the left, said curve to the left having
a radius of 145 feet; thence Northerly along said curve to the left to the south line of
County Road No. 158 (Vernon Avenue) and there terminating.
(Torrens Certificate No. 448083)
Except for the right of access, tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called "Easement Area ") described as follows:
Page 1 of 3
A 10 foot wide easement lying between a line drawn parallel and 70 feet southwesterly
of the northeasterly line of the above described Premises and a line drawn parallel and 60
feet southwesterly of the northeasterly line of the above described Premises.
The side lines of said easement are intended to be prolonged or shortened to terminate on
the southerly right of way line of Vernon Avenue and the south line of R.L.S. No. 1126.
(As shown on attached Exhibit B).
The grant of easement herein contained shall also include the right of reasonable access to said
easement across said lands for the purpose of exercising the rights granted herein, together with the right
to remove from said Easement Area any structure, trees, shrubbery, or other object or obstruction which
in Grantee's opinion interferes with said facilities or the removal of which may be reasonably necessary
for the construction or maintenance thereof.
Except as otherwise provided herein in any Underground Distribution Agreement between the
Grantor and Grantee covering the above described premises, Grantee shall, after installation of the above
described electrical facilities, or after the exercise of any rights granted herein, restore the lands subject
to this easement to as near their original condition as is reasonably possible and remove therefrom all
debris, spoils, and equipment resulting from or used in connection with said installation.
Grantor further agrees that no structure or obstruction will be erected or permitted or any trees
planted on or within said easement, that Grantor will not change the ground elevation thereof without the
written consent of Grantee, or perform any act which will interfere with or endanger said electrical
facilities. Grantor covenants with Grantee, its successors and assigned, that Grantor has the right to sell
and convey an easement in the manner and form aforesaid.
Grantee, at the request of the Grantor, shall relocate, remove, replace or reconnect at its own
expense its facilities where such relocation, removal, replacement or reconnection is necessitated by any
other. project authorized by the Grantor in the Easement Area, regardless of whether the project is
temporary or permanent.
This instrument and the covenants and agreements contained herein are binding upon the
Grantor, his personal representatives, heirs, successors and assigns.
It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms hereof.
This instrument is exempt from the Minnesota Deed Tax.
SIGNATURE PAGE FOLLOWS
Page 2 of 3
G:\Engineering \General \O Streets \Olinger Boulevard \Utility Easements\2011 031 City of Edina Torrens (3).doc
IN WITNESS WHEREOF, the undersigned have caused this
of the 6-4" day of 92011.
CITY OF ED)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
to be duly executed as
�.
MPA& MA'"OR.
The foregoing instrument was acknowledged before me this day of ,
2011, by 13 4uGew.®i and -s,-a4 {�. /UQ�,J the
respectfully, of the City of
Edina, a Minnesota municipal corporation, on behalf of the corporation.
' — DEBRA MANGEN
NOTARY MW -IMIN %SOTA
IN
MY Canrniation firaa Jan. 3t, 2015
This instrument was drafted by: BJA
Northern States Power Company
414 Nicollet Mall, Minneapolis, MN 55401
Torrens
2011.031
Notary - ku"" a
• ,�•
Page 3 of 3
GAEngineering \General \O Streets \Olinger Boulevard \Utility Easements\2011 031 City of Edina Torrens (3).doc
NORTHERN STATES POWER
MINNESOTA
EXHIBIT A
Certificate of Survey
Location: City of Edina, Hennepin County, Minnesota
Grantor: City of Edina
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DIST: EDINA
SEC. 32, T.117N., R.21Vi1., 5TH P.M.
CO.: HENNEPIN
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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 UNDER
THE 14W T ESTATE OF MINNESOTA.
PETER D. GrrZEkJ LIC. NO. 44901
5
DATE
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JEFF PLACE
DIST: EDINA
SEC. 32, T.117N., R.21Vi1., 5TH P.M.
CO.: HENNEPIN
�ct� i I
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 UNDER
THE 14W T ESTATE OF MINNESOTA.
PETER D. GrrZEkJ LIC. NO. 44901
5
DATE
Certificate of Survey
location: City of Edina,
Grantor: City of Edina
Seale: V=1501
— } NORTII LINE OF SWA SECTION 32
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NORTHERN STATES POWER N
MINNESOTA
EXHIBIT B
Hennepin County, Minnesota
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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 UNDER
TNM�W M7 E OF MINNESOTA.
DIST: EDINA PETER D. GITZEW LIC. NO. 44901
SEC. 32 T.117N., R.21W., 5TH P.M.
CO.: HE�INEPIN DATE 1 ��
r-A"-
Transfer Entered
5/11/20114:00:00 PM
Hennepin County, Minnesota
Jill L. Alverson
County Auditor and Treasurer
Doc No A9653475
Certified filed and /or recorded on
5/11/11 4:00 PM
Office of the County Recorder`"
Hennepin County, Minnesota/,-""
Michael H. Cunniff, County Eder
Jill L. Alverson, County Audito nd Treasurer
Deputy 4 Pkg ID 710479
Doc Name: Easement
Document Recording ee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
UTILITY EASEMENT
KNOW ALL BY THESE PRESENTS, That the undersigned, hereinafter called "Grantor ", in
consideration of the sum of $1.00 and other good and valuable consideration in hand paid by
NORTHERN STATES POWER COMPANY, a Minnesota Corporation, d /b /a Xcel Energy, the receipt
and sufficiency whereof is hereby acknowledged, do hereby, grant unto said Company its successors and
assigns, hereinafter called "Grantee ", a non - exclusive easement with the right, privilege and authority to
excavate for, construct, install, mark, inspect, operate, repair, alter, replace, reconstruct, remove and
maintain its underground facilities for the transmission and distribution of electrical energy, including the
necessary underground electric cables, conduits, vaults, pedestals, manholes and facilities related and
appurtenant thereto, under and upon said easement on the following described land situated in the County
of Hennepin, State of Minnesota, (hereinafter called "Premises ") to -wit:
That part of the Northwest Quarter of the Southwest Quarter of Section 32, Township
117, Range 21 described as follows: Commencing at a point in the West line of said
Northwest Quarter of the Southwest Quarter which is 510 feet South of the Northwest
corner thereof; thence South along the West line thereof to the Southwest corner thereof;
thence East 80 rods to the Southeast corner thereof; thence North along the East
boundary line thereof to a point 849 feet South of the North line thereof; thence
Northwesterly along a straight line to the point of commencement.
Except for the right of access tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called "Easement Area ") described as follows:
A 10 foot wide easement which lies within 10 feet to the left of the following described
sideline:
Commencing at the northwest corner of the above described Premises thence on an
assumed bearing of South 76 degrees 06 minutes 17 seconds East a distance of 565.42
feet along the north line of said Premises to the point of beginning of the sideline to be
described; thence South 64 degrees 06 minutes 17 seconds East a distance of 264.32 feet;
thence southeasterly 299.13 feet along a 1268.77 foot radius tangential curve concave to
the southwest having a central angle of 13 degrees 30 minutes 30 seconds; thence South
50 degrees 35 minutes 47 seconds East a distance of 24.28 feet; thence southeasterly
212.19 feet along a 592.32 foot radius tangential curve concave to the northeast having a
central angle of 20 degrees 31 minutes 30 seconds; thence South 71 degrees 07 minutes
17 seconds East a distance of 103.05 feet and there said sideline terminates. (As shown
on attached Exhibit A).
Page 1 of 5
AND
That part of the South 14 rods of Government Lot 1, Section 32, Township 117 North,
Range 21, West of the 5th Principal Meridian, lying South and West of the following
described line: Beginning at the Southwest corner of Lot 1, Block 3, Edina Grove;
thence Southeasterly along the extension of the West line of said Lot, a distance of 80
feet to a point of curve to the left with a radius of 210 feet; thence along said curve to the
left to its intersection with the West line of the East 750 feet of the South 14 rods of said
Government Lot 1; thence South along the West line of said East 750 feet to the South
line of said Government Lot 1 and there terminating; and lying East of the West line of
Edina Grove, and the Southerly extension of said West line to the South line of said
Government Lot 1. All according to said recorded plat and United States Government
Survey thereof, Hennepin County, Minnesota.
Except for the right of access tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called `Basement Area ") described as follows:
AND
A 10 foot wide easement lying between a line drawn parallel and 70 feet southwesterly
of the northeasterly line of the above described Premises and a line drawn parallel and 60
feet southwesterly of the northeasterly line of the above described Premises except the
South 33 feet thereof. (As shown on attached Exhibit B).
The Easterly Six Hundred Sixty -Three (663) feet of the Northerly Six Hundred Sixty -
Three (663) feet of the Northeast One Quarter (NE1 /4) of the Northwest One Quarter
(NWl /4) of Section Five (5), Township One Hundred Sixteen (116) North, Range
Twenty -One (21) West of the Fifth (5th) Principal Meridian, according to the United
States Government Survey thereof.
Except for the right of access tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called "Easement Area ") described as follows:
AND
The South 10 feet of the North 43 feet of the West 630 feet and the West 10 feet of the
East 43 feet of the South 198 feet of the North 231 feet of the above described Premises.
(As shown on attached Exhibit C).
Outlot 3, Scenic View Second Addition
ALSO
Parcel 1:
That part of the North 20 rods of Government Lot 1, Section 32, Township 117 North,
Range 21, West of the 5th Principal Meridian, lying Easterly of the Northerly extension of
the West line of Edina Grove and Westerly of Line A below described;
Page 2 of 5
C:\ Users \WHoule\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook\DYNBNG6J\2011 031 City of Edina
Abstract.doc
ALSO
Parcel 2:
That part of the South 180 feet of the Northeast 1/4 of the Southwest 1/4 of Section 32,
Township 117, Range 21 lying Westerly of a line (herein called line A) described as
follows: Commencing at a point on the South line of said North 20 rods 303 feet West of
the East line of Government Lot 1; thence on an assumed bearing of North 89 degrees 59
minutes 30 seconds West along said South line a distance of 569.43 feet to the actual
point of beginning of the line to be described; thence Northerly along a curve concave to
the West, said curve having a radius of 265 feet, central angle of 37 degrees 34 minutes
46 seconds and a chord bearing of North 8 degrees 12 minutes 37 seconds East, an arc
distance of 173.8 feet to a point of compound curve; thence Northwesterly along a curve
concave to the Southwest, said curve having a radius of 450 feet and being tangent with
the last described curve, to its intersection with the North line of the above mentioned
South 180 feet and there terminating. All according to the recorded plat and United
States Government Survey thereof, Hennepin County, Minnesota.
Except for the right of access tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called "Easement Area ") described as follows:
The Northerly 10 feet of Outlot 3, Scenic View Second Addition.
(As shown on attached Exhibit D).
/11 •
The Easterly 10 feet of the above described Parcel I and Parcel 2.
(As shown on attached Exhibit D).
The grant of easement herein contained shall also include the right of reasonable access to said
easement across said lands for the purpose of exercising the rights granted herein, together with the right
to remove from said Easement Area any structure, trees, shrubbery, or other object or obstruction which
in Grantee's opinion interferes with said facilities or the removal of which may be reasonably necessary
for the construction or maintenance thereof.
Except as otherwise provided herein in any Underground Distribution Agreement between the
Grantor and Grantee covering the above described premises, Grantee shall, after installation of the above
described electrical facilities, or after the exercise of any rights granted herein, restore the lands subject
to this easement to as near their original condition as is reasonably possible and remove therefrom all
debris, spoils, and equipment resulting from or used in connection with said installation.
Grantor further agrees that no structure or obstruction will be erected or permitted or any trees
planted on or within said easement, that Grantor will not change the ground elevation thereof without the
written consent of Grantee, or perform any act which will interfere with or endanger said electrical
facilities. Grantor covenants with Grantee, its successors and assigned, that Grantor has the right to sell
and convey an easement in the manner and form aforesaid.
Grantee, at the request of the Grantor, shall relocate, remove, replace or reconnect at its own
expense its facilities where such relocation, removal, replacement or reconnection is necessitated by any
Page 3 of 5
C:\ Users \WHoule\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outtook\DYNBNG6J\2011 031 City of Edina
Abstract.doc
other project authorized by the Grantor in the Easement Area, regardless of whether the project is
temporary or permanent.
This instrument and the covenants and agreements contained herein are binding upon the
Grantor, his personal representatives, heirs, successors and assigns.
It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms hereof.
This instrument is exempt from the Minnesota Deed Tax.
SIGNATURE PAGE FOLLOWS
Page 4 of 5
C:\ Users \WHoule\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.OutlookWYNBNG6J\2011 031 City of Edina
Abstract.doc
IN WITNESS WHEREOF, the undersigned have caused this inst>ument to be duly executed as
of the day of April , 2011. _ __ Al
LL
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �S� day of
2011, by and SCOj /V ed l the
Ce Q �/ respectfully, of the City of
Edina, a Minnesota municipal corporation, on behalf the corporation.
www..wrvwww.�n,...
• '``y DEBRA MANGEN
NOTARY KWIC. NNNESOTA
My CamnissiMn E1lpires Jan. 31.2015 .
This instrument was drafted by: BJA
Northern States Power Company
414 Nicollet Mall, Minneapolis, MN 55401
Abstract
2011.031
61"
Notary Public
Page 5 of 5
C:\ Users \WHoule\AppData\Local\Microsoft \Windows \Temporary Intemet Files \Content.Outlook\DYNBNG6J\2011 031 City of Edina
Abstract.doc
NORTHERN STATES POWER N
MINNESOTA
EXHIBIT A
Certificate of Survey
Location: City of Edin, Hennepin County, Minnesota
Grantor: City of Edina
- Scale: 1"=200'
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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 UNDER
THE Ij�F T E TATE OF MINNESOTA.
DIST: EDINA PETER D. GIT N LIC. NO. 44901
SEC. 32, T.1 17N., R.21W., 5TH P.M. `t
CO.: HENNEPIN DATE, `\
NORTHERN STATES POWER
MINNESOTA
EXHIBIT B =
Certificate of Survey
Location: City of Edina, Hennepin County, Minnesota
Grantor: City of Edina
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Scale: 1"=80'
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SOUTH LINE OF GOVERNMENT LOT 1, SECTION 32
OLINGER BLVD
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I HERESY 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 UNDER
THE �TH S TE OF MINNESOTA.
PETER D. GITZEN LIC. NO. 44901
DATE -J!�>
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DIST: EDINA
SEC. 32, T.1 17N., R.21 W., 5TH P.M.
CO.:HENNEPIN
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SOUTH LINE OF GOVERNMENT LOT 1, SECTION 32
OLINGER BLVD
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I HERESY 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 UNDER
THE �TH S TE OF MINNESOTA.
PETER D. GITZEN LIC. NO. 44901
DATE -J!�>
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DIST: EDINA
SEC. 32, T.1 17N., R.21 W., 5TH P.M.
CO.:HENNEPIN
NORTHERN STATES POWER N
MINNESOTA
EXHIBfT C .
Certificate of Survey
Location: City of Edina, Hennepin County, Minnesota
Grantor: City of Edina
Scale: V=100'
-� SE CORNER
W1 /4, 32 /--NORTH LINE OF NW114 SECTIONS ci
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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 UNDER
THE rW O TH S iE OF MINNESOTA.
DIST: EDINA PETER D. GITZEN LIC. NO. 44901
SEC. 5, T.1 16N., R.21W., 5TH P.M. t
CO.:HENNEPIN DATE�`l \� __
NORTHERN STATES POWER
MINNESOTA
EXHIBIT D
Certificate of Survey
Location: City of Edina, Hennepin County, Minnesota
Grantor: Citv of Edina
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DIST: EDINA
SEC. 32, T.117N., R.21 W., 5TH P.M.
CO.: HENNEPIN
OLINGER CIRCLE
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P.O.B. LINE W"
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 UNDER
THE L 5 OF HE T E OF MINNESOTA.
PETER D. GITZEN U LIC. NO. 44901
DATE 1_I_
UTILITY EASEMENT
KNOW ALL BY THESE PRESENTS, That the undersigned, hereinafter called "Grantor ", in
consideration of the sum of $1.00 and other good and valuable consideration in hand paid by
NORTHERN STATES POWER COMPANY, a Minnesota Corporation, d/b /a Xcel Energy, the receipt
and sufficiency whereof is hereby acknowledged, do hereby, grant unto said Company its successors and
assigns, hereinafter called "Grantee ", a non - exclusive easement with the right, privilege and authority to
excavate for, construct, install, mark, inspect, operate, repair, alter, replace, reconstruct, remove and
maintain its underground facilities for the transmission and distribution of electrical energy, including the
necessary underground electric cables, conduits, vaults, pedestals, manholes and facilities related and
appurtenant thereto, under and upon said easement on the following described land situated in the County
of Hennepin, State of Minnesota, (hereinafter called "Premises ") to -wit:
That part of the Northwest Quarter of the Southwest Quarter of Section 32, Township
117, Range 21 described as follows: Commencing at a point in the West line of said
Northwest Quarter of the Southwest Quarter which is 510 feet South of the Northwest
corner thereof; thence South along the West line thereof to the Southwest corner thereof;
thence East 80 rods to the Southeast corner thereof; thence North along the East
boundary line thereof to a point 849 feet South of the North line thereof; thence
Northwesterly along a straight line to the point of commencement.
Except for the right of access tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called "Easement Area") described as follows:
A 10 foot wide easement which lies within 10 feet to the left of the following described
sideline:
Commencing at the northwest corner of the above described Premises thence on an
assumed bearing of South 76 degrees 06 minutes 17 seconds East a distance of 565.42
feet along the north line of said Premises to the point of beginning of the sideline to be
described; thence South 64 degrees 06 minutes 17 seconds East a distance of 264.32 feet;
thence southeasterly 299.13 feet along a 1268.77 foot radius tangential curve concave to
the southwest having a central angle of 13 degrees 30 minutes 30 seconds; thence South
50 degrees 35 minutes 47 seconds East a distance of 24.28 feet; thence southeasterly
212.19 feet along a 592.32 foot radius tangential curve concave to the northeast having a
central angle of 20 degrees 31 minutes 30 seconds; thence South 71 degrees 07 minutes
17 seconds East a distance of 103.05 feet and there said sideline terminates. (As shown
on attached Exhibit A).
Page 1 of 5
AND
That part of the South 14 rods of Government Lot 1, Section 32, Township 117 North,
Range 21, West of the 5th Principal Meridian, lying South and West of the following
described line: Beginning at the Southwest corner of Lot 1, Block 3, Edina Grove;
thence Southeasterly along the extension of the West line of said Lot, a distance of 80
feet to a point of curve to the left with a radius of 210 feet; thence along said curve to the
left to its intersection with the West line of the East 750 feet of the South 14 rods of said
Government Lot 1; thence South along the West line of said East 750 feet to the South
line of said Government Lot 1 and there terminating; and lying East of the West line of
Edina Grove, and the Southerly extension of said West line to the South line of said
Government Lot 1. All according to said recorded plat and United States Government
Survey thereof, Hennepin County, Minnesota.
Except for the right of access tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called `Basement Area ") described as follows:
AND
A 10 foot wide easement lying between a line drawn parallel and 70 feet southwesterly
of the northeasterly line of the above described Premises and a line drawn parallel and 60
feet southwesterly of the northeasterly line of the above described Premises except the
South 33 feet thereof. (As shown on attached Exhibit B).
The Easterly Six Hundred Sixty -Three (663) feet of the Northerly Six Hundred Sixty -
Three (663) feet of the Northeast One Quarter (NEl /4) of the Northwest One Quarter
(NW1 /4) of Section Five (5), Township One Hundred Sixteen (116) North, Range
Twenty -One (21) West of the Fifth (5th) Principal Meridian, according to the United
States Government Survey thereof.
Except for the right of access tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called `Basement Area ") described as follows:
AND
The South 10 feet of the North 43 feet of the West 630 feet and the West 10 feet of the
East 43 feet of the South 198 feet of the North 231 feet of the above described Premises.
(As shown on attached Exhibit C).
Outlot 3, Scenic View Second Addition
ALSO
Parcel 1:
That part of the North 20 rods of Government Lot 1, Section 32, Township 117 North,
Range 21, West of the 5th Principal Meridian, lying Easterly of the Northerly extension of
the West line of Edina Grove and Westerly of Line A below described;
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ALSO
Parcel 2:
That part of the South 180 feet of the Northeast 1/4 of the Southwest 1/4 of Section 32,
Township 117, Range 21 lying Westerly of a line (herein called line A) described as
follows: Commencing at a point on the South line of said North 20 rods 303 feet West of
the East line of Government Lot 1; thence on an assumed bearing of North 89 degrees 59
minutes 30 seconds West along said South line a distance of 569.43 feet to the actual
point of beginning of the line to be described; thence Northerly along a curve concave to
the West, said curve having a radius of 265 feet, central angle of 37 degrees 34 minutes
46 seconds and a chord bearing of North 8 degrees 12 minutes 37 seconds East, an arc
distance of 173.8 feet to a point of compound curve; thence Northwesterly along a curve
concave to the Southwest, said curve having a radius of 450 feet and being tangent with
the last described curve, to its intersection with the North line of the above mentioned
South 180 feet and there terminating. All according to the recorded plat and United
States Government Survey thereof, Hennepin County, Minnesota.
Except for the right of access tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called "Easement Area ") described as follows:
The Northerly 10 feet of Outlot 3, Scenic View Second Addition.
(As shown on attached Exhibit D).
The Easterly 10 feet of the above described Parcel 1 and Parcel 2.
(As shown on attached Exhibit D).
The grant of easement herein contained shall also include the right of reasonable access to said
easement across said lands for the purpose of exercising the rights granted herein, together with the right
to remove from said Easement Area any structure, trees, shrubbery, or other object or obstruction which
in Grantee's opinion interferes with said facilities or the removal of which may be reasonably necessary
for the construction or maintenance thereof.
Except as otherwise provided herein in any Underground Distribution Agreement between the
Grantor and Grantee covering the above described premises, Grantee shall, after installation of the above
described electrical facilities, or after the exercise of any rights granted herein, restore the lands subject
to this easement to as near their original condition as is reasonably possible and remove therefrom all
debris, spoils, and equipment resulting from or used in connection with said installation.
Grantor further agrees that no structure or obstruction will be erected or permitted or any trees
planted on or within said easement, that Grantor will not change the ground elevation thereof without the
written consent of Grantee, or perform any act which will interfere with or endanger said electrical
facilities. Grantor covenants with Grantee, its successors and assigned, that Grantor has the right to sell
and convey an easement in the manner and form aforesaid.
Grantee, at the request of the Grantor, shall relocate, remove, replace or reconnect at its own
expense its facilities where such relocation, removal, replacement or reconnection is necessitated by any
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other project authorized by the Grantor in the Easement Area, regardless of whether the project is
temporary or permanent.
This instrument and the covenants and agreements contained herein are binding upon the
Grantor, his personal representatives, heirs, successors and assigns.
It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms hereof.
This instrument is exempt from the Minnesota Deed Tax.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the undersigned have caused this ins ment to be duly executed as
of the 64' day of 2011.
Its:
< � Z?
M
o
�/-:' �-/'
J
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this cs 4A day of
/
20I111, by Inn v s G b [0,v1 and �e OiT f4 . /V pu the
V v n respectfully, of the City of
Edina, a innesota municipal corporation, on beha of the corpol6dion.
DEBRA MANGEN
WTAar1W1C. WTA
... My Cammisaion Erpinn Jan. 31, 2015
This instrument was drafted by: BJA
Northern States Power Company
414 Nicollet Mall, Minneapolis, MN 55401
Abstract
2011.031
I /
Notary Public
Page 5 of 5
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NORTHERN STATES POWER
MINNESOTA
EXHIBIT A
Certificate of Survey
Location: City of Edin, Hennepin County, Minnesota
Grantor: City of Edina
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SOUTH LINE OF NW' /,
OF SW' /a SECTION 32 a
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t HERESY 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 UNDER
THE IMF TAiE PTATE OF MINNESOTA.
DIST: EDINA
PETER D. dl-ffd& LIC, NO. 44901
SEC. 32, T.1 17N., R.21W., 5TH P.M.
CO.: HENNEPIN
DATE,�`�
NORTHERN STATES POWER N
MINNESOTA
EXHIBIT B
Certificate of Survey
Location: City of Edina, Hennepin County, Minnesota
Grantor: City of Edina
Scale: 1"=80'
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NORTH LINE OF SOUTH 14 RODS `, ® SW CONEjj�� LOT 1 I coo
OF GOVERNMENT LOT 1, SECTION 32 ` g0 BLK3, OINAGR0V wW
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SOUTH LINE OF GOVERNMENT LOT 1, SECTION 32 M Cl)
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OLINGiER BLVD M
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1 HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER
THE TH S TE OF MINNESOTA.
DIST: EDINA PETER D. GRZEN Lao. NO. 44901
SEC. 32, T.117N., R.21W., 5TH P.M.
CO.:HENNEPIN DATE SAS``
1
NORTHERN STATES POWER
MINNESOTA
EXHIBIT Q,
Certificate of Survey
Location: City of Edina, Hennepin County, Minnesota
Grantor: City of Edina
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Scale: 1"=100'
- -1- - -sl; CORNER
2114, SEC. 32 NORTH LINE OF NW A SECTION 5 `c7,
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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 UNDER
THE IN O TH S 7E OF MINNESOTA.
/ - >
DIST: EDINA PETER D. GITZEN LIC. NO. 44901
SEC. 5, T.1 16N., R.21W., 5TH P.M. j
CO.:HENNEPIN DATE
NORTHERN STATES POWER
MINNESOTA
EXHIBIT D
Certificate of Survey
Location: City of Edina, Hennepin County, Minnesota
Grantor: City ref Edina
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Scale: I"=100'
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v�JIVV /t1-.$ V111\JII
NORTH LIN F THE SOUTH 180 FEET OF
— —� THE NE% O/� HE SW%, SECTION 32
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SOUTH LINE OF THE NE114 OF THE SWIM ---/
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SOUTH LINE OF THE NORTH 20 RODS OF
GO'T. LOT 1, SECTION 32, T.1 17N, R.21 W
DIST: EDINA
SEC. 32, T.I I7N., R.21 W., 5TH P.M.
CO.: HENNEPIN
P.O.B. LINE °A"
r�
OLINGER CIRCLE
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 UNDER
THEG� "``'HE TQI E OF MINNESOTA.
PETER D. GITZEN LIC. NO. 44901
DATE, "d 1 I
UTILITY EASEMENT
KNOW ALL BY THESE PRESENTS, That the undersigned, hereinafter called "Grantor ", in
consideration of the sum of $1.00 and other good and valuable consideration in hand paid by
NORTHERN STATES POWER COMPANY, a Minnesota Corporation, d/b /a Xcel Energy, the receipt
and sufficiency whereof is hereby acknowledged, do hereby, grant unto said Company its successors and
assigns, hereinafter called "Grantee ", an easement with the right, privilege and authority to excavate for,
construct, install, mark, inspect, operate, repair, alter, replace, reconstruct, remove and maintain its
facilities for the transmission and distribution of electrical energy, including the necessary electric
cables, conduits, vaults, pedestals, manholes and facilities related and appurtenant thereto, over, across,
under and upon said easement on the following described land situated in the County of Hennepin, State
of Minnesota, (hereinafter called "Premises ") to -wit:
Outlots 1 and 2, Edina Grove
(Torrens Certificate of Title No. 426147)
Except for the right of access, tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called "Easement Area ") described as follows:
AND
The Easterly 10 feet as measured perpendicular to the east lines of the above described
Premises. (As shown on attached Exhibit A).
That part of Tract B, Registered Land Survey No. 1126, Files of the Registrar of Titles,
County of Hennepin lying Southerly and Westerly of the following described line:
Beginning at the most Southerly corner of said Tract B; thence Northwesterly at an angle
of 12 degrees 00 minutes as turned Northerly from the South line of said Tract B, a
distance of 665 feet to a point of curve to the right with a radius of 295 feet and a delta
angle of 77 degrees 30 minutes; thence Northwesterly and Northerly along said curve a
distance of 399.03 feet to a point of reverse curve to the left, said curve to the left having
a radius of 145 feet; thence Northerly along said curve to the left to the south line of
County Road No. 158 (Vernon Avenue) and there terminating.
(Torrens Certificate No. 448083)
Except for the right of access, tree trimming and temporary working area, said easement shall be limited
to that part of the Premises (hereinafter called "Easement Area ") described as follows:
Pagel of 3
A 10 foot wide easement lying between a line drawn parallel and 70 feet southwesterly
of the northeasterly line of the above described Premises and a line drawn parallel and 60
feet southwesterly of the northeasterly line of the above described Premises.
The side lines of said easement are intended to be prolonged or shortened to terminate on
the southerly right of way line of Vernon Avenue and the south line of R.L.S. No. 1126.
(As shown on attached Exhibit B).
The grant of easement herein contained shall also include the right of reasonable access to said
easement across said lands for the purpose of exercising the rights granted herein, together with the right
to remove from said Easement Area any structure, trees, shrubbery, or other object or obstruction which
in Grantee's opinion interferes with said facilities or the removal of which may be reasonably necessary
for the construction or maintenance thereof.
Except as otherwise provided herein in any Underground Distribution Agreement between the
Grantor and Grantee covering the above described premises, Grantee shall, after installation of the above
described electrical facilities, or after the exercise of any rights granted herein, restore the lands subject
to this easement to as near their original condition as is reasonably possible and remove therefrom all
debris, spoils, and equipment resulting from or used in connection with said installation.
Grantor further agrees that no structure or obstruction will be erected or permitted or any trees
planted on or within said easement, that Grantor will not change the ground elevation thereof without the
written consent of Grantee, or perform any act which will interfere with or endanger said electrical
facilities. Grantor covenants with Grantee, its successors and assigned, that Grantor has the right to sell
and convey an easement in the manner and form aforesaid.
Grantee, at the request of the Grantor, shall relocate, remove, replace or reconnect at its own
expense its facilities where such relocation, removal, replacement or reconnection is necessitated by any
other. project authorized by the Grantor in the Easement Area, regardless of whether the project is
temporary or permanent.
This instrument and the covenants and agreements contained herein are binding upon the
Grantor, his personal representatives, heirs, successors and assigns.
It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms hereof.
This instrument is exempt from the Minnesota Deed Tax.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the undersigned have caused this i>�strument to be duly executed as
of the day of , 2011. 1 ,
STATE OF MINNESOTA )
)Ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this — day of
2011, by -- � Mes �12 1 -� �_ and -S!C o'6�, R . IVe CIL,t the
a 144Ak, A respectfully, of the City of
Edina, a Minnesota municipal corporation, on be ha f of the corporation.
Notary Public
;�"•' DEBRA MANGEN
NOTARY PL43LIC MUVNESOTA
My Cwm iuiw EVkft Jan. 31, 2015
This instrument was drafted by: BJA
Northern States Power Company
414 Nicollet Mall, Minneapolis, MN 55401
Torrens
2011.031
Page 3 of 3
GAEngineering \General \O Streets \Olinger Boulevard \Utility Easements\2011 031 City of Edina Torrens (3).doc
NORTHERN STATES POWER N
MINNESOTA
EXHIBIT A
Certificate of Survey
Location: City of Edina, Hennepin County, Minnesota
Grantor: City of Edina
Scale: 1" =124'
F
I - _ 0
V V IL %J I t
1 /
I �40- P� /
W. 61 ST STREET
70
80 '\ V
r-n11%1 A r�t,t(�t rr COO A rEfl�l
rluul 1 60
W 1 0 JEFF PLACE
0 �-
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 UNDER
THE W T ESTATE OF MINNESOTA.
DIST: EDINA PETER D. GGIITTZE LIC. NO. 44901
SEC. 32, T.1 17N., R.21 W., 5TH P.M.
CO.: HENNEPIN DATE__T! `y
I
A
NORTHERN STATES POWER N
MINNESOTA
EXHIBIT B
Certificate of Survey
Location: City of Edina, Hennepin County, Minnesota
Grantor: City of Edina
Scale: 1 " -150'
LINE OF SW' /. SECTION 32
Q -I n
�NELY ILNF�OF "PRMI S
12
LU
t
SOUTH LINE OF R.L.S,NO.1126 tq
i
i )AEI-' nr klIAl'l /A nr —,Ikll In
r
r-11 \I VI INVY I / I' VI _VV I
I J1�v1101V � �
r
r \
I
r \
I
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 UNDER
THE OF TH STATE OF MINNESOTA.
/
DIST: EDINA PETER D. GITZEW LIC. NO.44901
SEC. 32 T117N., R.21W., 5TH P.M.
CO.: HEWEPIN DATE �`