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GRANT OF LIMITED LICENSE
GABR1Ei, E. JABBOUR AND COLLEEN JABBOtiR, husband and wife ("Licensors"),
make this Grant of Limited Licensc (this "Grant") as of the 16th day of November, 2005.
WITNESSETH:
WHEEZEAS, Licensors are the owners of the following described parcel of land and the
improve�nents thereon situated in the City of Orono, County of Carver, State of Minnesota, to-
wit:
Lots 1 through 5, MORSE ISLAND PARK, Hennepin County, Minnesota
(hereinafter, the"Jabboui• ParceP'); and
WHEREAS, the Jabbour Parcel is located on the island in Lake Minnetonka commonly known
as Big lsla�ld; and
WHEREAS, Robert L. Naas, individually ("Naas"), and as Trustee of the Qualified Personal
Residence Trust of Robert L. Naas dated January 27, 1999 ("Trustee"), is the owner of the
parcel of land legally described in Exhibit A attached hereto, which parcel is an island in Lake
Minnetonka commonly known as Gale Island (such parcel being refcrred to herein as "Gale
Island"); and
W�IEREAS, the Jabbour Parcel includes a strip of land approximately thirty (30) feet wide (the
"License Area"), that is le�ally described in Exhibit B attached hereto and that is adjacent to
Massasolt Avenue; and
W'HEREAS, the Licensors have agreed to permit the Trustee to locate an undergrou�ld conduit
within the License Area for the provision of electrical, telephone and other utility services to be
provided to Gale Island from utilities located in Massasolt Avenue; and
WHEREAS, Licensors wish to grant to the Trustee and to Naas, for the benefit of their
respective interests in Gale Island, a perpetual, noil-exclusive, limited license to construct and
leave in place an underground utility conduit across and in the License Area.
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NOW, THEREFORE, in consideration of Ten Dollars and the covenants of the parties
hereinafter expressed, and other good and valuable consideration, the receipt and sufficiency of
which Licensors hereby acknowledge, Licensors make the following grant:
1. Grant of License. Licensors, intending to bind themselves and their heirs, personal
representatives, successors and assigns, hereby grant, bargain, sell and convey unto the Trustee,
Robert L. Naas, individually, and all of their respective successors-in-interest to Gale Island
(collectively, the "Licensees"), a non-exclusive, perpetual right and license for the installation
and maintenance of an underground utilities conduit (the "Conduit") in, on, and under, the
License Area. The foregoing license shall be subject to the terms and conditions set forth in this
Grant.
2. Scope of License.
(a) Without limiting the extent of the grant set forth in Section 1, Licensors
hereby state that the grant set forth in Section 1 includes the right of the Licensees, any
utility company, and their respective franchisees, licensees, contractors, agents, servants,
successors, and assigns (collectively "Contractors") to enter upon the License Area at all
reasonable times to initialty construct and install the Conduit under and through the
License Area, together with the right to excavate within the License Area in the course of
the initial installation of the Conduit. The Licensees shall install the Conduit in
compliance wit11 all applicable laws and codes and shall obtain all necessary permits.
The Licensors shali cooperate with the Licensees and their Contractors in connection
with obtaining any permits that may be required under applicable law, provided that the
Licensees shall reimburse the Licensors for any out-of-pocket expenses incurred by the
Licensors in connection with such permits and Licensees shall indemnify and hold
harmless Licensors from any and atl claims and damages relating to any permits and the
performance of any work required under the permits.
(b) Following completion of the last of(i) the installation of the Conduit, {ii)
the restoration of electrical and telephone service to Gate Island, and (iii) the restoration
of the License Area described in Section 3 below ("Completion of Installation"), the
Licensees shall have no further right to enter the Jabbour Parcel under the terms of the
grant set forth in Section 1, except as set forth in Section 2(d).
(c) Notwithstanding Section 2(b), the Licensees and their Contractors shall be
permitted to enter upon the License Area (together with the right to excavate within the
License Area) at all reasonable times for the purpose of repairing the Conduit in the event
that the Conduit has been damaged by an activity caused by the Licensors or by any
person acting by or through the Licensors.
(d) Without limiting the extent of the grant set forth in Section 1> the
Licensees shall be permitted to utilize the Conduit for the provision of utilities to Gale
Island. The term "utilities" shall include (but shall not be limited to) electricity,
telephone, cable television and any other communications or power system or service in
use now or in the future. Subject to Section 2(b), the Licensees shall be permitted to
install additionai utilities (or to reinstall utilities)within the Conduit at any time.
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3. Restoration of License Area. As a condition of the grant set forth herein, any person
entering the License Area for an activity pursuant to this Grant shall restore the License Area,
and any landscaping thereon to substantially the same condition they were in prior to entry
within 30 days of completing the activity; provided however, that restoration that cannot be
cornpleted during winter months shall be accomplished as promptly as weather conditions
permit.
4. Termination of License. The grant set forth in Section 1 shall terminate upon the earlier
of (a) the failure of the Conduit or (b) the abandonment of the use of the Conduit by the
Licensees; provided, however that any failure of the Conduit that can be repaired without entry
upon or disturbance of the Jabbour Parcel shall not cause the termination of the grant so long as
the Licensees repair such failure within a reasonable period following discovery of such failure.
Upon termination of the grant in accordance with the preceding sentence, the Licensees shall
execute an instrument in recordable form that confirms the termination of this License (the
"Termination Notice"). The Licensors shall have the right to require the Licensees to remove
all Conduit from the License Area that lies above a depth of 48"below the surface of the ground
and thereafter restore the License Area and any landscaping thereon to substantially the same
condition that they were in immediately prior to such removal; provided that the Licensors may
only exercise this right by delivering notice to the Licensees of the Licensors' exercise of such
right of removal (the "Removal Notice") within sixty (60) days of the Licensors' receipt of the
Termination Notice. The Licensees shall commence removal of the Conduit from the License
Area within ninety(90) days of the Licensees' receipt of the Removal Notice from the Licensors;
provided however, that if the removal cannot be completed during winter months, removal
and/or restoration shall be accomplished as promptly as weather conditions permit.
5. Partial Release of Interest in Jabbour Parcel. Subject to and upon the occurrence of
Completion of Installation, the Licensees release and quitclaim to the Licensors all claims to any
easement, right, title or other interest in the Jabbour Parcel SAVE AND EXCEPT the rights and
licenses granted to the Licensees in this Grant.
6. Plans and Drawings. Within a reasonable period following Completion of Installation,
the Licensees shall deliver to the Licensors copies of all written documentation (e.g., as-built
surveys, field notes, etc.) within the Licensees' possession or control relating to the location of
the Conduit within the License Area.
7. Successors and Assi�ns. The terms and conditions of this Grant shall constitute
covenants and servitudes running with the land, burdening and benefiting, as appurtenances, the
Jabbour Parcel and Gale Island as stated herein, and shall be binding upon and for the benefit of
the parties hereto and their respective heirs, personal representatives, devisees, administrators,
tenants, successors and assigns, and any other persons who hereafter acquire an interest in any
portion of the Jabbour Parcel or Gale Island by operation of law or other legal means.
8. Notices. Any notices required or permitted to be given under this Agreement shall be
delivered by first class mail, postage prepaid, at the address iisted below:
If to the Licensors: Gabriel E. Jabbour and Colleen Jabbour
21 University Avenue NE
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Minneapolis, MN �5413
If to the I.icensees: Robert A. Naas
6320 Post I,ane
Edina, MN 55439
A party may change its address for receipt of notice by delivery of notice t�� the other party. If a
party is no longer located at an address for notice, notice shall be delivered to a party at the name
and address set forth in the records of the Hennepin County tax rolls as the taxpayer for the
Jabbour Parcel (for notices to the Licensors) or Uale Island (for notices to the Licensees), as the
context may require. All notices sha11 be deemed delivered upon the earlier of actual reccipt or
three days aftcr deposit in the United States mail.
IN WITNESS WHEREOF, the undersignec� havc hereunto set th�eir hands eftectivc as
of the day and year first above written.
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COLLEE:N JAI3B UR
STATF, UF MII�'NESOTA
ss.
COUNTY UF HENN�'NW
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The foregoing instrument was executed before me this � day of Novemher, 2005, by Gabriel E.
Jabbour and Colleen Jabbour, husband and wife.
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K�TI�Y C. �� �
NOTARrPUOLIC-�TA �lotar}' Pub�
pAy CpMMISSION
, . cxpiRFg JAN 31.201 0
A . .. •`-•��il'
THIS INS7'RUMENT WAS DRAFTED BY:
Leonard, Street and Deinard Nrofessional Association (RLS)
1�0 South Fifth Street, Suite 2300
Minneapolis, MN 5�402
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JOINDER BY LICENSEES
Robert L. Naas, individually and as Trustee of the Qualified Personal Residence Trust of Robert
L. Naas dated January 27, 1999, hereby joins in this Grant of Limited License for the p�irpose of
agreeing to the conditional release set forth in Section 5 of this Grant.
Rob rt L. Naas, individua ly and as Trustee
of the Qualified Personal Residence Trust of
Robert L. Naas dated January 27, 1999
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
This instrument was acknowledged before me on November j7, 2005 by Robert L. Naas, a single
person, in his individual capacity and as Trustee of the Qualified Personal Residence Trust of
Robert L. Naas dated January 27, 1999.
Nota Pu ic
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ROBERT J.ULBRlCHT
No1)1111►ouauC•MMA�Il�O'�A
r1�IIMr�E�Ir.!t.�Mf
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EXHIBIT A
I,egal Description
Gales Island
Government Lot 7, Section 22, Township 117, Range 23, Hennepin County, Minr�esota.
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EXHIBIT B
Legal Description
License Area
That part of Lot 1, MORSE ISLAND PARK that is within thirty (30) feet of the northerly
boundary of Massasoit Avenue and that is within sixty (60) feet of the ordinary high water level
of Lake Minnetonka
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