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Grant of Permanent Easement (Street, Drainage & Utilities) 0""". . '.. ~. .. .. GRANT OF PERMANENT EASEMENT BLOOMBERG COMPANIES INCORPORATED, a Minnesota corporation, "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, a permanent easement for public street, drainage and utility purposes over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public street, drainage and utility systems over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain, and excavate the permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public street, drainage and utility easements. The above named Grantor, for itself, its successors and assigns, does covenant with the 148521v4 C._A, . " . ./ City, its successors and assigns, 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 document this ft day of Oec.eM'vvr ,2009. GRANTOR: BLOOMBERG COMPANIES INCORPORATED By ~ Its: l..... f~ STATE OF MINNESOTA) (J ) ss. COUNTY OFLo (\J'er ) The foregoing instrument was acknowledged before me this \4..\V"Qay of December, 2009, by c'\Ct~~Y'\ \. ::r a~~n , the exeC{ ct-1\1e \J 1(P H-~J:.rtl-of Bloomberg Companies Incorporated, a Minnesota corporation, on behalf of said corporation. ( THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNuTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh KIM T. MEUWISSEN I Nota~ ~Ublic-Mjnnesota My CommlsslOll Expires Jan 31,2010 148521v4 ...': . . , EXHIBIT" A" TO GRANT OF PERMANENT EASEMENT All that part of Lot 2, Block 1, Frontier Cinema Addition, according to the recorded plat thereof, Carver County, Minnesota, lying southerly of a line lying 50 feet northerly and parallel to the southerly line of said Lot 2. and All that part of Outlot A, Frontier Cinema Addition, according to the recorded plat thereof, Carver County, Minnesota, lying southerly of a line lying 50 feet northerly and parallel to the southerly line of said Outlot A. 148521v4 CONSENT OF BREMER BANK, NATIONAL ASSOCIATION TO GRANT OF PERMANENT EASEMENT [Roadway] BREMER BANK, NATIONAL ASSOCIATION, a national banking association, is owner of and the Mortgagee / Secured Party named in certain documents [First Combination Mortgage, Security Agreement and Fixture Financing Statement, Amendment thereof, Mortgage and Modification Agreement], and is owner of and the Assignee/Lender named in certain documents [First Assignment of Rents and Leases and Amendment thereof and Assignment of Rents] which documents are identified as follows: 1. First Combination Mortgage, Security Agreement and Fixture Financing Statement dated February 4, 1999, and filed March 2, 1999, as Document No. A245261 in the Office of the County Recorder, Carver County, Minnesota; 2. Amendment to First Combination Mortgage, Security Agreement and Fixture Financing Statement dated April 6, 2004, and filed May 20, 2004, as Document No. A387174 in the Office of the County Recorder, Carver County, Minnesota; 3. First Assignment of Rents and Leases dated February 4, 1999, and filed March 2, 1999, as Document No. A245262 in the Office of the County Recorder, Carver County, Minnesota; 4. Amendment of First Assignment of Rents and Leases dated April 6, 2004, and filed May 20, 2004, as Document No. A387175 in the Office of the County Recorder, Carver County, Minnesota; 5. Mortgage dated June 13, 2006, and filed July 7, 2006, as Document No. A444885 in the Office of the County Recorder, Carver County, Minnesota; 6. Modification of Mortgage dated January 2, 2008, and filed February 20, 2008, as Document No. A478849 in the Office of the County Recorder, Carver County, Minnesota; 7. Assignment of Rents dated June 13, 2006, and filed July 7, 2006, as Document No. A444886 in the Office of the County Recorder, Carver County, Minnesota. Bremer Bank, National Association, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby consent to, and agree that its interest is subject to, that certain Grant of Permanent Easement [Roadway], filed on the _day of December, 2009, as Document No. in the office of the County Recorder, Carver County, Minnesota. .;o.J Executed this '2--1- day of December, 2009. IONAL ASSOCIATION STATE OF MINNESOTA ] ] ss. ] ,^J ~?,. - COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of December, 2009, by Mark R. Nelson, Senior Vice President of Bremer Bank, National Association, a national banking association, on behalf of said national banking association. MARILYN T. BURU AME NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2012 ;:~ THIS INSTRUMENT WAS DRAFTED BY: Rice Law Firm, Chartered 525 West 78th Street, Suite 201 P.O. Box 1180 Chanhassen, Minnesota 55317-1180