04-22-2024 CC Agenda Packet - Laserfiche WebLink

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Exhibit B Public Trailway Perpetual Easement and Permanent Irrevocable Permit Agreement April 9, 2024 11 PUBLIC TRAILWAY PERPETUAL EASEMENT AND PERMANENT IRREVOCABLE PERMIT AGREEMENT This Public Trailway Easement (“Easement”) and Permanent Irrevocable Permit (“Permit”), made this ______ day of ________, 202_, by the City of ____________, a Minnesota municipal corporation (“Grantor”) to Three Rivers Park District, a political subdivision of the State of Minnesota, Hennepin County, Minnesota (“Grantee”). RECITALS WHEREAS, Grantor and Grantee entered into a Trailway Cooperative Agreement (“Agreement”) for ___________ Regional Trail (“Trail”) dated as of _________ __, 202_; and WHEREAS, pursuant to the Agreement, Grantor agreed to convey to Grantee an Easement and/or Permit as further described herein and Grantee agreed to accept Easement and/or Permit according to the terms and conditions contained herein; and WHEREAS, Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (“Easement Area”); and WHEREAS, Grantor is not the fee owner, but has legal authority to construct, maintain and operate sidewalks, trails, and other such publicways and Permit within the area legally described on the attached Exhibit B (“Permit Area”); and WHEREAS, said Easement provided by the Grantor does not convey ownership of lands within the Easement and Permit Areas to the Grantee. NOW THEREFORE, in consideration of mutual covenants contained within the Agreement referenced above, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Grantor agrees to as follows: TERMS OF PERPETUAL EASEMENT AND PERMANENT AND IRREVOCABLE PERMIT 1.) Grant of Easement. Grantor grants and conveys to the Grantee the Easement legally described and depicted on the attached Exhibit A. The easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. The easement shall be non-exclusive; provided, however, this easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to, and shall not interfere with, the easement without the consent, in writing, of Grantee. 2.) Grant of Permit. Grantor grants and conveys to the Grantee the permanent, irrevocable Permit legally described and depicted on the attached Exhibit B. In accordance with the Agreement, the Grantor may substitute a Permit for an Easement only where the Grantor currently does not own property rights sufficient to convey an Easement. The permit shall be permanent, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and 142