Grant of Permanent Easement (Sewer & Watermain)
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GRANT OF PERMANENT EASEMENT
BLOOMBERG COMPANIES INCORPORATED, a Minnesota corporation, "Grantor",
in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City", its successors and assigns, a permanent easement for public sanitary sewer and watermain
purposes over, on, across, under, and through the land situated in the County of Carver, State of
Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit
"B".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public sanitary sewer and watermain systems over, across, on, under,
and through the permanent easement premises, together with the right to grade, level, fill, drain,
and excavate the permanent easement premises, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance
of said public sanitary sewer and watermain easements.
The above named Grantor, for itself, its successors and assigns, does covenant with the
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City, its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this J!i day
of~~/L- ,2009.
GRANTOR:
BLOOMBERG COMPANIES INCORPORATED
By: ~~~
STATE OF MINNESOTA )
) ss.
COUNTY OF CAR';6(l )
The foregoing instrument was acknowle~d before ~~this I
2009, by tJMj.~ r: ~J.IJ1I$lJPJ, thetx IZ(J Vt<-c
Incorporated, a Minnesota corporation, on ~:~ ~ _ _
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~yof De~la~
of Bloomberg Companies
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
149003vl
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EXHIBIT" A"
TO
GRANT OF PERMANENT EASEMENT
An easement for sanitary sewer and watermain purposes over, under and across that part of Lot
2, Block 1 and Outlot A, FRONTIER CINEMA ADDITION, all in Carver County, Minnesota
described as follows:
Commencing at the southeast comer of Outlot A, FRONTIER CINEMA ADDITION,
according to the recorded plat thereof, said Carver County; thence North 00 degrees 08
minutes 32 seconds East, assumed bearing along the east line of said Outlot A a distance
of 50.87 feet to the point of beginning ofthe easement to be described; thence South 79
degrees 32 minutes 00 seconds West a distance of35.80 feet; thence North 10 degrees
27 minutes 50 seconds West, a distance of 43.77 feet; thence North 85 degrees 17
minutes 30 seconds West a distance of208.67 feet, thence North 85 degrees 23 minutes
19 seconds West, a distance of3.37 feet to the westerly line of Lot 2, Block 1, said
Frontier Cinema Addition; thence North 00 degrees 02 minutes 02 seconds West, along
said west line, a distance of 30.10 feet; thence South 85 degrees 23 minutes 19 seconds
East, a distance of 5.84 feet; thence South 85 degrees 17 minutes 30 seconds East, a
distance of250.97 feet to the east line of Outlot A, said Frontier Cinema Addition; thence
southwesterly and southerly along the easterly line of said Outlot A to the point of
beginning.
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CONSENT OF BREMER BANK, NATIONAL ASSOCIATION
TO
GRANT OF PERMANENT EASEMENT
[Sewer and Water Mains]
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 [Sewer and Water Mains], filed on the day of
,20_, as Document No. , in the Office of
the County Recorder~rer County, Minnesota.
Executed this ?- ~- day of December, 2009.
BREMER BANK, N
BY:~
Mark R. Nelson
Its Senior Vice President
STATE OF MINNESOTA
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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.
THIS INSTRUMENT WAS DRAFTED BY:
Rice Law Firm, Chartered
525 West 78th Street, Suite 201
P.O. Box 1180
Chanhassen, Minnesota 55317-1180
MARILYN T. BURLINGAME
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2012