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Home My WebLink Aboutpermanent/temp easements � - , � � �3�� , , ,/� ` � I'4r . (Reserved or recording information) GRANT OF PEA;MANENT AND TEMPORARY EASEMENTS NSMSB, LLC, a Minnesota limited liability company, hereinafter referred to as "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 ORONO, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns,the following easements: 1. A permanent easement 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", for a generator, control panel, and related electrical cables servicing the City's sanitary sewer system (hereinafter "Electrical System"), 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 Electrical System, 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 Electrical System. The City shall not place any 1 186729v1 —A.�, �,v�.� structure within two feet of the north line of Spates Avenue, formerly Central Avenue. If the City takes formal action to discontinue use of the Electrical System on the easement premises, this easement shall ternunate. 2. A temporary construction easement over, across, on, under, and through the land 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 on the effective date of this easement and expiring December 1, 2016, 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 Electrical System, 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. As a condition of said temporary construction easement grant, the City shall, upon completion of construction and prior to termination,restore the ground surface of the temporary construction easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth,other materials,trees and other vegetation. Subject to the statutory limits under Minnesota Statutes chapter 466, the City shall indemnify, defend,protect and hold harmless the Grantor from and against any and all claims, cost and liabilities(including reasonable attorneys' fees and costs) arising from property loss or damage or personal injury or death occurring as a result of the Electrical System, except for claims, costs and liabilities to the extent arising from the negligence or willful misconduct of the Grantor, its officers, employees, contractors or agents. Nothing herein shall be deemed a waiver by the City of 2 �186729v] the limits of liability set forth in Minnesota Statutes, Chapter 466 and the City shall not be obligated to indemnify the Grantor for any amounts in excess of the limits set forth therein, less any amounts that the City is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. The City shall obtain liability insurance in an amount of the municipal liability limits under Minn. Stat. Chapter 466 or successor statute with respect to the operation and maintenance of the Electrical System on the easement premises. The above named Grantor, for itself, his 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 easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. [Remainder of Page Intentionally Left B1ankJ (Signature Page to FollowJ 3 � 186729v1 IN TESTIMONY WHEREOF,the Grantor hereto has signed this easement document this n ` day of !� "S\ 2016. �:� :,�,- ��,�'`�,t{�* GRANTOR: ; ;� '" ��`��;_� NSMSB LC C -�. ,��F.,i+� < b�,- �� , �' � �t ..��' �r�,�� ,n�'•�� . B'.�,� �'t`;.�.� ,1e;.� .f�'k , �.,. � ��' ., �`�Y�r� � '{t3�� ui'�,�:.. Y ;, �.;,;� {�. � `��"� ;°��,�s: [print name] 'q� � ' r T �`'PF�.,.�"��y,a f 'tip� � �� n 1tS •; ar r,:r > ��r v j � -i y' � ,� ,�,d �;;a�� r�� v�) �'L§ey `��''�'f`'� :�Ty{� �/i' Y�'J� �'},( ��4 51• . . .Y.�5 .,'8 .$ y �'�. _f� ' -�4 v_ �'F: .'a.«;h .:,d�..., ,r�: f. t #� . # �y ��.�. s -��: STATE O�N�TNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was ackno ledged before me this� �� 'day of , 2016,by (�,L,/r�, ��>,Z,, the ��J ofNSMSB, LLC, � Minnesota limited liability company, on half of the limit ab' ' compan , Grantor. Y , ' !�-�LQ/ Public NOTARY P�I�LIC M WNESOT/► Mq Cpnni�ton E�Yw OtAli121 INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,Minnesota 55121 Telephone: 612 452-5000 4 �186729v1 � . ` � EXHIBTT ��A�� TO GRANT OF PERMANENT AND TEMPORARY EASEMENTS A permanent non-exclusive easement for utility purposes over, under and across the northwesterly 25.00 feet of the following described Parcel A: PARCEL A: That part of Government Lot 3, Section 10, Township 117, Range 23, and of the accretions in said Section 10, which lies southeasterly of the south line of Hennepin County State Aid Highway No. 15, Plat 51, and between easterly extensions to the lake of the southerly line of Lot 6, Elbridge S. Barnes' First Subdivisions in Section 10, Township 117, Range 23, and the north line of Spates Avenue, formerly Central Avenue, as shown on the plat of"Ora Park" on Lake Minnetonka, all according to the recorded plats thereof, Hennepin County, Minnesota. EXCEPT the southwester1y15.00 feet thereof. TOGETHER WITH a temporary easement for construction purposes over, under and across the northwesterly 50.00 feet of said Parcel A described above. EXCEPT the northeasterly 10.00 feet of the northwesterly 25.00 feet thereof. Subject to easements and restrictions of record, if any. Said temporary easement shall expire on December 1, 2016. 5 �186729v1 "� . ,� . EXHIBIT ��B�� TO GRANT OF PERMANENT AND TEMPORARY EASEMENTS ,� � �~ , ';�M� r ,:.� wti J �, • ` °`�a� �� * f � {y�k �+f r +��,v � ti�f � � ., w �j �1�� °1 � R y 5 ~\ / � � r. "' �` /"'4' '� � � � y�y,✓ rF~ „• /� � � r'. � � 'y' Y'a�'+' � , � � T � �,• � ��. �•�• L� 5 � . ^ ry' � 1 4 (� �•r, � � t ��J , �.. 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No delinquent taxes Transfer Entered Sep 12, 2016 4:30 PM Doc No T05381893 Certified, filed and/or recorded on Hennepin County, Minnesota Sep 12, 2016 4:30 PM Mark Chapin County Auditor and Treasurer Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Cfiapin, County Auditor and Treasurer " Deputy 120 Pkg ID 1446637M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1413758 This cover sheet is now a permanent part of the recorded document.