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Easement Recording Transmittal 8-4-09 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317.- (952) 227-1100 FAX (952) 227-1110 LETTER OF TRANSMITTAL DATE 8/4/09 ATTENTION Sue Nelson RE: Document Recordin JOB NO. 08-1 0 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU IZI Attached D Under separate cover via the following items: D Shop drawings D Copy of letter D Prints D Change Order D Plans D Samples D Specifications D Pay Request D _ COPIES DATE NO. DESCRIPTION 1 8/3/09 08-1 0 Permanent Easement for Public Drainage & Utility Purposes (Nick's StoraQe & Parking) . THESE ARE TRANSMITTED as checked below: D For approval D Approved as submitted D Approved as noted D Resubmit copies for approval D Submit copies for distribution D Return corrected prints D For your use D As requested D Returned for corrections D For review and comment IZI For Recording D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US REMARKS ~OPY TO: Gary Dungey Gary Brown Craig Mertz SIGNED: If enclosures are not as noted, kindly notify us at once. (reservedfor recordmg information) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINAGE & UTILITY PURPOSES GARY W. DUNGEY AND GARY L. BROWN, LLP, a Minnesota limited liability partnership, d/b/a Progress Valley Storage, 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 CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a pennanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the attached easement sketch. INCLUDING 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 drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain 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 drainage and utility systems. 143297vOl SRN:Ol/07/2009 CHAN/Nick's Storage & Parking Site (1875 Flying Cloud Drive) The above named Grantor, its 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. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this 3 daYOf~ 2009. GRANTOR: GARY W. DUNGEY AND GARY L. BROWN, LLP STATE OF MINNESOTA ) , (ss. COUNTYOFC~-y ) The foregoing instrument was acknowledged before me this 3r'd.day of ~ ' 2009, by Gary W. Dungey and by Gary L. Brown, the partners of Gary W. Dungey an ary L. Brown, lLP, a Minnesota'limited liability partnership, on behalf of the partnership. DRAFTED BY: CAMPBELL KNuTsON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan. Minnesota 55121 Telephone: (651) 452-5000 SRN:ms ~~ll~ JEAN M. STECKLlNG Notary Public-Minnesota My CommIsslon Elcpir8& Jan 31. 2014 143297v01 SRN:Ol107/2009 CHANlNick's Storage & Parking Site (1875 Flying Cloud Drive) EXHIBIT' A" TO GRANT OF PERMANENT EASEMENT Easement Description: An easement for drainage and utility purposes over, under and across that part of the Southwest Quarter of the Southeast Quarter of Section 34,. Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the intersection of the southeasterly right-of-way line of the Chicago and Northwestern Railroad with the southwesterly right-of-way line of U.S. Trunk Highway Number 212; thence South 51 degrees 19 minutes 00 seconds West, assumed bearing along said southeasterly railroad right-of-way line, a distance of 149.59 feet; thence South 38 degrees 41 minutes 01 seconds East a distance of 80.91 feet; thence South 84 degrees 15 minutes 11 seconds East a distance of 204.21 feet; thence North 29 degrees 32 minutes 42 seconds East a distance of 61.71 feet to its intersection with a line distant 20.00 feet southwesterly of and parallel with said southwesterly right-of-way line of U.S. Trunk Highway Number 212; thence South 59 degrees 07 minutes 14 seconds East, along said parallel line, a distance of 38.68 feet; thence North 30 degrees 52 minutes 46 seconds East a distance of 20.00 feet to said southwesterly right-of-way line; thence North 59 degrees 07 minutes 14 seconds West, along said southwesterly right-of-way line, a distance of 245.71 feet to the point of beginning. 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