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A754597 Easement TrailJ Document Number: A754597 Filed and/or Recorded on Nov 16, 2022 1046 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy TH Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC Pages: 6 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document (Reserved for recording) GRANT OF PE NT EASEMENT BLACK CHERRY DEVELOPMENT, LLC, a Minnesota limited liability company ("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 CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public trail purposes over, on, across, under and through the land legally described on the attached Exhibit "A" and depicted on the attached Exhibit `B" (the "Easement Premises"). IN CLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon- the Easement -Premises at all reasonable -times to construct, reconstruct, inspect, repair, and maintain said public trail systems over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trail systems. The above -named Grantor, for itself, its successors, and assigns, does covenant with the City, its successors and assigns., that it is well seized in fee title of the- 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 it will indemnify and hold the Cityharmless for any breach of the foregoing covenants. 1 222414v1 Erhart Farm -North Trail IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of 00061 20220 GRANTOR: By STATE OF l��IINNESOTA ) )Ss. COUNTY OfC Timothy A. Erhart, Its Manager JEAN M SAVAGE NOTARY PUBLIC MiNNESOTA hiy Commission Expires 1131 2025 The foregoing instrment was acknowledged before me this day of �C,4, 2 2022, by Timothy A. Erhart, the Manager of Black Cherry Development, LLC, a Minnesota limited liability company, on behalf of said entity. Notary DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651452-5000 AMP 2 222414v1 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT A 10.00 foot wide easement for trail purposes over, on, across, under and through Lots 55 6, 7, 8, 9, 10, 11, 12, and 13, Block 1, ERHART FARM, according to the recorded plat thereof, Carver County, Minnesota. The centerline of said easement is described as follows. Commencing at the most northerly corner of said Lot 5; thence on an assumed bearing %J South 25 degrees 33 minutes 11 seconds East, along the northeasterly line of said Lot 5, a distance of inning; thence South 67 degrees 49 minutes 32 seconds West 8.52 12.58 feet to the point of beg feet; thence southwesterly 3.93 feet along a tangential curve concave to the southeast, having a radius of 3.00 feet, and a central angle of 74 degrees 58 minutes 47 seconds; thence South 07 degrees 09 minutes 15 seconds East 64.17 feet; thence South 02 degrees 49 minutes 45 seconds East 94.12 feet; thence South 03 degrees 49 minutes 27 seconds East 105.04 feet; thence South 06 degrees 10 minutes 38 seconds West 103.02 feet; thence South 19 degrees 45 minutes 34 seconds West 68.95 feet; thence South 24 degrees 50 minutes 03 seconds West 88.59 feet; thence South 47 degrees 20 minutes 55 seconds West 181.31 feet, thence South 34 degrees 45 minutes 21 seconds West 132.84 feet; thence South 02 degrees 04 minutes 57 seconds West 139.55 feet; thence South 31 degrees 15 minutes 25 seconds East 41.11 feet, thence South 33 degrees 20 minutes 42 seconds East 7.85 feet to the east line of said Lot 13, and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said east line of Lot 13, Block 1, and said northeasterly line of Lot 5, Block 1. 3 222414v1 Erhart Farm North Trail EXHIBIT "B" to GRANT OF PERMANENT EASEMENT -- MOST NORTHERLY CORNER, DINT OF C0 �1ENCEMENT- - �� ;• i�OF LOT 5 BLOCK 1 POINT OF BEGINNING i� --�lorl r os t n '+-+" O Ll iLOT B 7 milt rr 0 k 53 C3 E LOT 13, BLOCK 1 OUTLOT C.r mLE IN FEET SHEET 1 f3F � 22414v1 Erhart Farm -North Trail f J MORTGAGE HOLDER CONSENT TO GRANT OF PERMAMANENT EASEMENT TIMOTHY A. ERHART and DAWNE M. ERHART, husband and wife, who hold two mortgages on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for trail purposes, which Mortgage, Security Agreement and Fixture Financing Statement is dated February 4, 2021, and was recorded June 4, 2021, as Carver County Document No. A726349, and a second Mortgage, Security Agreement and Fixture Financing Statement is dated January 3, 2022, and was recorded February 16, 2022, as Carver County Document No. A742234 (collectively "Mortgages" ), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subj ect to the foregoing Grant of Permanent Easement. STATE OF MINNESOTA ) �i COUNTY OF )ss.) GRANTORS: A. Erhart tJ�77ARY PUBLIC MINNESOTA Cdr mission Expires 1!312025 The foregoing instrument was acknowledged before me this day of jo-c��— , 2022, by Thnothy A. Erhart and Dawne M. Erhart, husband and wife. DRAFTED BY: CAMPBELL KNUTSON, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651} 452-5000 kw Notary 222414v1 5 Erhart Farm -North Trail