01-11-2016 Council Packet - Laserfiche WebLink

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184949v1 WHEREAS, the Grantor granted the City a scenic easement over the Shoreline Parcel recorded with the Hennepin County Registrar of Titles on or about the date hereof (the “New Scenic Easement”) and Grantor’s predecessor-in-interest previously granted the City a scenic easement over the Middle Parcel by virtue of Document No. T1144484, filed July 2, 1975 (the “Old Scenic Easement”) (such scenic easements are collectively referred to herein as the “Scenic Easements”); WHEREAS, Grantees wish to obtain an easement from Grantor to have the right of ingress and egress from Stubbs Bay over a portion of the Shoreline Parcel and the Middle Parcel, and to place one or more docks on a portion of the Shoreline Parcel; and WHEREAS, Grantor is willing to grant such an easement to Grantees on the terms and conditions set forth hereinafter. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor and Grantees, it is agreed as follows: 5. Grant of Easement. Subject to the terms and conditions herein, Grantor hereby grants and conveys to Grantees the following easements: A. Dock Easement. A perpetual easement over the west half of the Shoreline Parcel (the “Dock Parcel”) for purposes of ingress and egress from Stubbs Bay and for the purpose of erecting and maintaining one or more small private boat dock (individually and collectively, a “Dock”) on and upon the Dock Parcel (collectively, the “Dock Easement”). B. Access Easement. A perpetual easement over, across and upon the Dock Parcel and the west half of the Middle Parcel for purposes of pedestrian ingress and egress between the public right-of-way for Bayside Road and the shore of Stubbs Bay and for purposes vehicular ingress and egress between the public right-of-way for Bayside Road and the shore of Stubbs Bay as may be necessary for constructing, installing, maintaining, repairing replacing, and utilizing a Dock (collectively, the “Access Easement”). The Dock Easement and the Access Easement shall be referred to herein, collectively and individually, as the “Easements” and the property subject to the Easements shall be referred to as the “Easement Property”. The Easements shall be appurtenant to and for the exclusive benefit of Grantee’s Property and shall be binding on, enforceable against, and burden Grantor’s Property. 6. Restrictions on Use of Easement Property. Grantees agree that they shall use the Easement Property only for the purposes set forth in Section 1 above, and shall not store or dispose of any hazardous substances on the Easement Property, and shall not use the Easement Property in any manner inconsistent with the Scenic Easements or any ordinances, laws or governmental regulations governing or otherwise affecting the Easement Property. Grantees shall not alter the grade of the Easement Property in any way, and shall not place or construct structures on or within the Easement Property, except a Dock to the extent permitted by law and the Scenic Easements, and shall not install any permanent cover surface on the Easement Property without the prior written consent of the Grantor. Without limiting any of the foregoing, Grantees acknowledge that