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HomeMy WebLinkAbout3187Hennepin County, Minnesota Daniel Rogan County Auditor and Treasurer I I II II II II I I I I I II LAND TYPE Abstract A) DOC NUM 11217951 Certified, filed and/or recorded on Jul 26, 2023 12:48 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2585855E Document Recording Fee $46.00 Document Total $46.00 Transfer Entered Jul 26, 2023 12:48 PM PID(s) 28-117-21-34-0002 This cover sheet is now a permanent part of the recorded document. (Reserved for recording) GRANT OF PERMANENT DRAINAGE AND UTILITY EASEMENTS THE CHURCH OF OUR LADY OF GRACE, IN EDINA, MINNESOTA, a Minnesota non-profit corporation, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject to the terms and conditions contained herein, 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. Permanent non-exclusive easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the "Permanent Easement Area"), including the rights of the City, its contractors, agents, and servants (the "Permitted Users") to enter upon the Permanent Easement Area at all reasonable times to construct, reconstruct, inspect, repair, and maintain said, publicdrainage and utility systems over, across, on, under, and through the Permanent Easement Area, together with the right to grade, level, fill, drain and excavate the Permanent Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems, Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described Permanent 3647170.v2 215739v1A Easement Area, subject only to the right of the City to use the same for the purposes herein expressed. 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 Area; that it has the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the Easement Area; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. The Easement Area is granted in its "as is" condition. With the exception of the express covenants contained herein, Grantor makes no representation, warranty, or covenant that the Easement Area is suitable for the use of the City or the Permitted Users. This grant of easements shall not be interpreted to create any rights in third parties as beneficiaries or otherwise. [Remainder of page intentionally left blank. Signature page follows.] 3647170.v2 215739v1A 2 Notary Public STEPHEN P. BONELLO NOTARY PUBLIC MINNESOTA uycornmhthn Expina Musty St 2027 4.-rrwrfly•-•00"11PTIPW—r".• IN TES IMONY WHEREOF, the Grantor hereto has signed this agreement this day of •-fd , 2023. GRANTOR: THE CHURCH OF OUR LADY OF GRACE, IN EDINA, MINNESOTA 010;47.-- [print name] ItS412.4./S flaw7447-0641914:- [titlel STATE OF MINNESOTA ) ) ss, COUNTY OF tteltplepin ) The foregoing instrument was acknowledged before me this (day of "C1/4) 2023, by Meg( bontit o , the av-te,d-V-1 As.+441A1- of The Church of Our Lady of Grace, In Edina, Minnesota, a Minnesota general entity corporation, on behalf of the entity. DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1. 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 DSK 3647170.v2 2 5739v1A 3 EXHIBIT "A" Permanent Easement Description: A permanent drainage and utility easement over, under, and across the following properties: Parcel 1: All that part of Government Lot 8, Section 28, Township 117, Range 21, West of the 5th Principal Meridian bounded and described as follows: Commencing at the point where the Easterly line of the right of way of the Minneapolis, Northfield, and Southern Railway as located and constructed across said section, is intersected by a line parallel with and 40 feet Southerly at right angles from the center line of the Eden Prairie Road, so called, as laid out and located through said Section, and running thence North 67 degrees 2 minutes, East along said parallel line and at an angle of 116 degrees 47 minutes with said right of way line, a distance of 120 feet; thence South 2 degrees 33 minutes, East 408.5 feet; thence West 154.3 feet to said Easterly line of Railway right of way at a point 363.7 feet South from the place of beginning, as measured along said right of way line; thence North along said Easterly line of Railway right of way to place of beginning, Hennepin County, Minnesota. Parcel 2: That part of Section 28, Township 117 North, Range 21 West, Hennepin County, Minnesota, described as follows: Commencing at a point on the South line of Government Lot 8 of said Section 28, distant 26 2/3 rods east of the Southwest corner thereof; thence North to the Easterly line of the Minnesota, Northfield and Southern Railway right of way; thence Northerly along said right of way line to a point distant 703.7 feet Southerly along same from the Southerly line of Eden Prairie Road; thence East 193.2 feet; thence North to the centerline of said road; thence Northeasterly along same to the North line of said Government Lot 8; thence East To the Northeast corner thereof; thence South to the Southeast corner thereof; thence West to the point of beginning, Except highway and The North 150 feet of that part of Government Lot 1 of Section 33, Township 117 North, Range 21 West of Trunk Highway No. 100 as now laid out and established and East of railroad right of way, Hennepin County, Minnesota. Said easement being the northerly 11.00 feet of the westerly 18.00 feet of said Parcel 1 ALSO a permanent drainage and utility easement over, under, and across the northerly 5.50 feet easterly of the westerly 45.00 feet of said Parcel 2; EXCEPT that part of the northeasterly corner encumbered by an existing sewer easement. ALSO a permanent drainage and utility easement over, under, and across the easterly 5.50 feetof the northerly 115.00 feet of said Parcel 2; EXCEPT that part of the northeasterly corner encumbered by an existing sewer easement. 3647170.v2 215739v IA 4 20.00 EON PSE 18.97 -- eio" 2 FILE NO. DATE:- I PARCEL SKETCH OUR LADY OF GRACE CHURCH 5.50 5.50 1.1/4 115.00 18.W 11.00 Affidavit Doc. No. 215743 EXHIBIT "B" LEGEND OWNER; OUR LADY OF GRACE CHURCH RID'S: 2811721340002, 2811721340001 Permanent Ease: 1,467 SQFT +1- DIISTRIL SkialARY IFTStAit011EASEIAErva PFAWNENICAEURIT _ • • EXISTING SANITARY LIFT STATION EASEMENT 4629 SF 3647170.v2 215739v1A 7 (Reserved for recording) GRANT OF PERMANENT DRAINAGE AND UTILITY EASEMENTS THE CHURCH OF OUR LADY OF GRACE, IN EDINA, MINNESOTA, a Minnesota non-profit corporation, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject to the terms and conditions contained herein, 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. Permanent non-exclusive easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the "Permanent Easement Area"), including the rights of the City, its contractors, agents, and servants (the "Permitted Users") to enter upon the Permanent Easement Area at all reasonable times to construct, reconstruct, inspect, repair, and maintain said, publicdrainage and utility systems over, across, on, under, and through the Permanent Easement Area, together with the right to grade, level, fill, drain and excavate the Permanent Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described Permanent 3647170.v2 215739v1A 1 Easement Area, subject only to the right of the City to use the same for the purposes herein expressed. 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 Area; that it has the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the Easement Area; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. The Easement Area is granted in its "as is" condition. With the exception of the express covenants contained herein, Grantor makes no representation, warranty, or covenant that the Easement Area is suitable for the use of the City or the Permitted Users. This grant of easements shall not be interpreted to create any rights in third parties as beneficiaries or otherwise. [Remainder of page intentionally left blank. Signature page follows] 3647170.v2 215739v1A 2 By [print name] [title] IN TES MONY WHEREOF, the Grantor hereto has signed this agreement this day of it , 2023. GRANTOR: THE CHURCH OF OUR LADY OF GRACE, IN EDINA, MINNESOTA STATE OF MINNESOTA ) ) ss. COUNTY OF atntNepilkk ) The foregoins, instrument was acknowledged before me this rday of "CO Ll 2023, by Skeot tont t( o , the 13-"y-tc,LN-1 A tt,.a. NA( of The Church of Our Lady of Grace, In Edina, Minnesota, a Minnesota general entity corporation, on behalf of the entity. Notary Public STEPHEN P. BONELLO NOTARY PUBLIC MINNESOTA My Commlation EXIat anal). 31. W27 ir•Orrillrerrinrorn-4 1{--set 601 DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 DSK 3647170.v2 215739v1A 3 EXHIBIT "A" Permanent Easement Description: A permanent drainage and utility easement over, under, and across the following properties: Parcel 1: All that part of Government Lot 8, Section 28, Township 117, Range 21, West of the 5th Principal Meridian bounded and described as follows: Commencing at the point where the Easterly line of the right of way of the Minneapolis, Northfield, and Southern Railway as located and constructed across said section, is intersected by a line parallel with and 40 feet Southerly at right angles from the center line of the Eden Prairie Road, so called, as laid out and located through said Section, and running thence North 67 degrees 2 minutes, East along said parallel line and at an angle of 116 degrees 47 minutes with said right of way line, a distance of 120 feet; thence South 2 degrees 33 minutes, East 408.5 feet; thence West 154.3 feet to said Easterly line of Railway right of way at a point 363.7 feet South from the place of beginning, as measured along said right of way line; thence North along said Easterly line of Railway right of way to place of beginning, Hennepin County, Minnesota. Parcel 2: That part of Section 28, Township 117 North, Range 21 West, Hennepin County, Minnesota, described as follows: Commencing at a point on the South line of Government Lot 8 of said Section 28, distant 26 2/3 rods east of the Southwest corner thereof; thence North to the Easterly line of the Minnesota, Northfield and Southern Railway right of way; thence Northerly along said right of way line to a point distant 703.7 feet Southerly along same from the Southerly line of Eden Prairie Road; thence East 193.2 feet; thence North to the centerline of said road; thence Northeasterly along same to the North line of said Government Lot 8; thence East To the Northeast corner thereof; thence South to the Southeast corner thereof; thence West to the point of beginning, Except highway and The North 150 feet of that part of Government Lot 1 of Section 33, Township 117 North, Range 21 West of Trunk Highway No. 100 as now laid out and established and East of railroad right of way, Hennepin County, Minnesota. Said easement being the northerly 11.00 feet of the westerly 18.00 feet of said Parcel 1 ALSO a permanent drainage and utility easement over, under, and across the northerly 5.50 feet easterly of the westerly 45.00 feet of said Parcel 2; EXCEPT that part of the northeasterly corner encumbered by an existing sewer easement. ALSO a permanent drainage and utility easement over, under, and across the easterly 5.50 feetof the northerly 115.00 feet of said Parcel 2; EXCEPT that part of the northeasterly corner encumbered by an existing sewer easement. 3647170.v2 215739v1A 4 N LEGEND EXISTNG SANITARY LFT STATION EASEMENT OWNER: OUR LADY OF GRACE CHURCH P.I.D'S: 2811721340002, 2811721340001 Permanent Ease: 1,467 SQFT +1- IS PERWVIENT EASEMENT EXISTING SANITARY LIFT STATION EASEMENT 462.9 SF 20.00 18.97 5.50 5.50 115.00 18.00 11.00 Affidavit —I Doc. No. 215743 ko,s,44A 4,0 4/1/2021 FILE NO. ea SEH DATE: PARCEL SKETCH OUR LADY OF GRACE CHURCH EXHIBIT "B" 3647170.v2 215739vIA 7