HomeMy WebLinkAbout45 Smith Avenue - Agreements - Grant of Permanent Easement 45 Smith (reserved for recording information)
GRANT OF PERMANENT EASEMENT
FOR RIGHT-OF-WAY AND
DRAINAGE AND UTILITY PURPOSES
THIS EASEMENT is given on *id, /0 , 2026, by REVIVAL CUSTOM
HOMES LLC, a Minnesota limited liability company ("Grantor") to the CITY OF ORONO, a
Minnesota municipal corporation (the "City"), its successors and assigns, forever, as Grantee, in
accordance with the following:
1. Ownership. Grantor is the fee owner of certain real property located in the City of
Orono, County of Hennepin, State of Minnesota(the "Property"). The Property is legally described
as the property identified as"Parcel A"on the attached Exhibit A,and is located at 45 Smith Avenue,
Orono,Minnesota.
2. Grant of Easement. For valuable consideration, receipt and sufficiency of which is
hereby acknowledged, Grantor hereby grants and conveys to City a permanent, non-exclusive
easement in, on, over, under, across, and through that portion of the Property that is legally
described on the attached Exhibit A, and depicted on the attached Exhibit B (the "Easement
Area"). The Easement is granted for public right-of-way and public drainage and utility purposes.
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3. Scope of Easement Rights. The Easement includes the rights of the City, its
employees,contractors,agents, and assigns,to enter upon the Property at all reasonable times for the
following:
A. Public Right-of-Way Purposes.
i. To locate, construct, reconstruct, operate, maintain, inspect, alter, and repair within
the Easement Area,public right-of-way for roadway use; and
ii. To grade, level,fill, drain,pave, and excavate the Easement Area; and
iii. To remove trees, bushes, undergrowth, and other obstructions interfering with the
location, construction, and maintenance of the public right-of-way for roadway use.
B. Public Drainage and Utility Purposes.
i. To locate, construct, reconstruct, operate, maintain, inspect, alter, and repair within
the Easement Area, storm sewer, sanitary sewer and water facilities, ground surface
drainage ways, or other public facilities or improvements of any type that are not
inconsistent with public drainage and utility use; and
ii. To grade,level, fill, drain,pave, and excavate the Easement Area; and
iii. To remove trees, bushes, undergrowth, and other obstructions interfering with the
location, construction, and maintenance of the public drainage and utility system.
4. Duration of Easement. The easement is permanent and remains in effect until vacated
by the City.
5. Warranty of Grantor. The Grantor, for itself and its heirs, successors, and assigns,
does covenant with the City, its successors and assigns,that Grantor is well seized in fee title of the
Property; that Grantor has the sole right to grant and convey the easement to the City; that there are
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no unrecorded interests in the Property; and that Grantor will indemnify and hold the City harmless
for any breach of the foregoing covenants.
6. Incorporation of Exhibits. The attached Exhibit A and Exhibit B are each true and
correct, and are incorporated into and made part of this instrument.
[Remainder of page left blank intentionally.
Signature page follows.]
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IN TESTIMONY WHEREOF,the Grantor has executed this easement as of the date first
written above.
GRANTOR:
REVIVAL CUSTOM HOMES LLC
By: /Ate .�1/l
/1 /0(t177f w R /VAAKbMf printed name'
Its: P'ejideGltjZev va( [printed titlel
C(,CSwc
STATE OF MINNESOTA ) /,1-0 C,
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /O day of 1"(0-•''C .
, 2026, by Ma +iLC j ko,. 16- [printed name], the Prey;Gl eii'b [printed
title] of REVIVAL CUSTOM HOMES LLC, a Minnesota limited liability company, on behalf
of the limited liability company, Grantor.
Yew-- b;j21
Notary P lic
NOLA J DICKHAUSEN
NOTARY PUBLIC
---.ter
:-;
DRAFTED BY: ‘)I My Commiss'on Expires Jan.31,2027
CAMPBELL KNUTSON big'
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,MN 55121
Telephone: (651)452-5000
SMM/AKLS
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EXHIBIT A
to
GRANT OF PERMANENT EASEMENT
Legal Description of the Property and the Easement Area
PERMANENT RIGHT-OF-WAY& DRAINAGE & UTILITY EASEMENTS
ORONO ORCHARDS
PART OF LOTS 58 & 59
EASEMENT DESCRIPTION
A permanent easement for public right-of-way purposes over, under and across that part of the
hereinafter described PARCEL A lying within the circumference of a circle having a radius of
42.00 feet.
The center of said circle is described as commencing at the most easterly corner of said PARCEL
A; thence northwesterly along the northeasterly line of said PARCEL A a distance of 48.99 feet;
thence northeasterly deflecting right 90 degrees a distance of 10.00 feet to the center of said
circle.
Also, a 10 foot wide easement for drainage and utility purposes over and across those parts of
said PARCEL A lying within two concentric lines having a radius of 42.00 feet and a radius of
52.00 feet from said center of circle.
Subject to easements and restrictions of record, if any.
PARCEL A: (per Warranty Deed Document No. A11416488)
Lots 57, 58, 77, 78 and that part of Lot 59 lying northwesterly of a line parallel with and
17.00 feet southeasterly of the northwesterly line thereof, ORONO ORCHARDS.
EXCEPT that part of Lot 77 which lies southeasterly of a line parallel with and 17.00 feet
northwesterly of the southeasterly line thereof, Hennepin County, Minnesota.
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EXHIBIT B
to
GRANT OF PERMANENT EASEMENT
Depiction of the Easement Area
EXHIBIT "B"
EASEMENT DIAGRAM FOR
REVIVAL CUSTOM HOMES
HENNEPIN COUNTY, MINNESOTA
•
.. .
i l"� // EXISTING BLACKTO•
CUL—DE—SAC T
/1 ��
/ o
EXISTING / ! C'CO-
BLACKTOP
DRIVEWAY OOl
0
O 0 �ERASEMENT
NORTHEASTERLY 1 -•--.K PaN
1 ' LINRCEE EL
PAL A
•
\` \ •
•
Y
fXi
\\ / c -f L cKro. o
•
PENDING REVISED ..
-. \' \ 7 60
RIGHT OF WAY iPN W
EASEMENT \ 1 Q 't9 • EXISTING
BLACKTOP
•"'-. ROADWAY
PENDING 10' N "��
DRAINAGE AND"`'.- \ ..'' v'
UTILITY EASEMENT >. • •< MOST EASTERLY
CORNER OF
/ PARCEL A
i r
/ J
50' 0
5 660
0 SCALE
1"=20'
DATE
2-4-26
JOB NO.
260 1 6EXHB.SCJ 26-0 1 6
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