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Grant of Permanent Easement Recorded Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Jod J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 . Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com o~-'() CAMPBELL KNUTSON Professional Association *** Direct Dial: (651) 234-6222 E-mail Address:snelson@J:k-law.com September 23,2009 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN - NICK'S STORAGE & PARKING SITE ~ Grant oCPermanent Easement for Drainage and Utility Purposes from Gary W. Dungey and Gary L. Brown, LLP (part of SW % of SE % of Section 34-116-23) Dear Kim: Enclosed for the City's files please find original recorded Grant of Permanent Drainage and Utility Easement from Gary W. Dungey and Gary L. Brown, LLP in connection with the Nick's Storage and Parking site at 1875 Flying Cloud Drive. The easement was recorded with the County on August 6, 2009 as Abstract Document No. A505616. Regards, CAMPBELL KNUTSON Professional Association SRN:ms Enclosure ,.' " '''", RECtlVED SEP .2 4 2009 CITY OF CHANHASSEN 0',- Document No. A 505616 . OFFICE OF THE ...c:oUNTY ~ECORDER CARVER COUNTY, MINNESOTA ~ Fee: $46.00 Receipt#: Certified Re60rded on 81612009 . , '1lflll[llll (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 considerap,on,the{eceipt .arig sufficiency of which '.' "'," C';. ,:;.,....- ,_. ,'.. v' - ,-,,:.',''': ','" _,,:..: ...' '....,.. :'-,'" " .' ..... ,..-....,..."..-,.: . -... . -, , is hereby acknowledged, does hereby grant unto the CITYOF"CIlAN!t\.SSEN, a municipal i. J' 't-- ,.' . ',~ corporation organized under the laws of the State of Miririesota;the Gtaritee,:hereinafterreferred to as the "City", its successors and assigns, forever, a permanent 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 itA" and depicted on the attach.~deasement 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 _r"--""__'-<"''''''' 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 :01107/2009 CHANlNick'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 STA1E OF MINNESOTA ) , (S8. COUNTYOFC~/ ) 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, ILP, a Minnesota limited liability partnership, on behalf of the partnership. DRAFfED BY: CAMPBELL KNuTsON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms ~~uf--~~o I JEAN M. STECKLlNG Notary Public-Minnesota My Cornmlsalon ExplAIS JaIl 31. 2014 143297v01 SRN:O 1/07/2009 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. Tronk 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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