Grant of Temporary Easement (Bloomberg Companies to City)
(reservedfor recording information)
GRANTOFTE~ORARY
DRAINAGE & UTILITY EASEMENT
BLOOMBERG COMPANIES INCORPORATED, a Minnesota corporation,
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, a
temporary easement for public drainage and utility purposes over, under and across certain property
in Carver County, Minnesota legally described on the attached Exhibit "A".
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement document and expiring upon relocation and
reconnection of the existing utilities located within the easement premises, together with the right of
ingress to and egress from the property, for the purpose of constructing, reconstructing, inspecting,
repairing, and maintaining the property ofthe City, at the will of the City, its successors and assigns;
it being the intention of the parties hereto that the Grantor hereby grants the uses herein specified
without divesting itself of the right to use and enjoy the above described temporary easement
premises, subject only to the right of the City to use the same, for the purposes herein expressed.
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.
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SRN: 12/21/2009
1
CHAN/CHANHASSEN TRANSIT STATION
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day and
year fIrst above written.
GRANTOR:
BWOMBERG C:~'iS INCORPORATED
BY: I~~"'" v';: Vlt::-/S. Pfllisu:"hli"
STATEOFMINNESOTA )
/l ) ss.
COUNTY OF uIfRII/ii. )
The foregoing instrument was acknowledged before me this 2 2. ~ay of
Dr:z.e.1i.IM.. ~IZR..... 2009, by (! J-A- '170'" T, :::ru /'IN sa-~ the
IEJ< FiLl!.. ,-,\,1;1L lff~ :tj.a.?1 MIIrof Bloomberg Companies Incorporated, a Minnesota
corporation, on behalf of the corporation.
NO~14
John D. Ric8
NotarY P<lbl\C
. Minnesota
~
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SRN:ms
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SRN: 12/21/2009
2
CHAN/CHANHASSEN TRANSIT STATION
EXHmIT "A"
TO
GRANT OF TEMPORARY DRAINAGE & UTILITY EASEMENT
TEMPORARY EASEMENT DESCRIPTION(S)
A 30.00 foot temporary easement for sanitary sewer and watermain purposes over, under and across the
following described properties:
Outlot A, Frontier Cinema Addition, Carver County, Minnesota
And
That part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 116, Range
23 which lies southerly of the north 33.00 feet thereof, which lies easterly ofthe plat of Frontier
Cinema Addition, according to the recorded plat thereof, northerly of a line distant 56.5 feet
northerly and parallel with the centerline of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company's main track as now laid out and established and which lies southerly of a line
drawn parallel and/or concentric with and distant 50.00 feet southeasterly of the following
described line:
Commencing at a point distant 5.00 feet south from said northeast comer of the Northwest
Quarter as measured at a right angle from the north line of said Northwest Quarter; thence on an
assumed bearing of West parallel with said north line of the Northwest Quarter for 600.00 feet;
thence on a bearing of East for 107.01 feet to the actual point of beginning of the line to be
described; thence easterly and southeasterly 257.84 feet along a tangential curve concave to the
southwest having a radius of300.00 feet and a central angle of 49 degrees 14 minutes 41 seconds;
thence South 40 degrees 45 minutes 19 seconds East, tangent to the last described curve, a
distance of351.48 feet; thence southeasterly and southerly 249.72 feet along a tangential curve
concave to the southwest having a radius of 344.92 feet and a central angle of 41 degrees 28
minutes 55 seconds, and said line there terminating.
Excepting therefrom the following three parcels:
Commencing at the northeast comer of the Northeast Quarter of the Northwest Quarter, Section
13, Township 116, Range 23; thence west along the north line of said Northeast Quarter of the
Northwest Quarter a distance of252.00 feet to the point of beginning of the tract to be described;
thence south parallel with the east line of said Northeast Quarter of the Northwest Quarter a
distance of303.00 feet; thence east parallel with the north line of said Northeast Quarter of the
Northwest Quarter a distance of 60.00 feet; thence north parallel with the east line of said
Northeast Quarter ofthe Northwest Quarter a distance 0003.00 feet; thence west 60.00 feet to
the point of beginning.
And
That part of the Northwest Quarter of Section 13, Township 116, Range 23, Carver County,
Minnesota, described as follows:
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CHAN/CHANHASSEN TRANSIT STATION
Commencing at the Northeast comer of said Northwest Quarter; thence south along the east line
of said Northwest Quarter a distance of351.5 feet; thence west at right angles 192.00 feet more or
less to its intersection with a line 192.00 feet west of and parallel with the east line of said
Northwest Quarter, as measured along a line parallel with the north line of said Northwest
Quarter, to the actual point of beginning; thence continue along the last described course 15.00
feet; thence north parallel with the east line of said Northwest Quarter to a line 303.00 feet south
of and parallel with the north line of said Northwest Quarter, as measured along a line parallel
with the east line of said Northwest Quarter; thence east parallel with the north line of said
Northwest Quarter a distance of 15.00 feet to a line 192.00 feet west of and parallel with the east
line of said Northwest Quarter, as measured along a line parallel with the north line of said
Northwest Quarter; thence south parallel with the east line of said Northwest Quarter to the point
of beginning.
AND
All that part of the Northeast Quarter ofthe Northwest Quarter, Section 13, Township 116, Range
23 which is embraced within the plat of Old Village Hall, according to the recorded plat thereof,
Carver County, Minnesota.
The centerline of said easement is described as follows:
Commencing at the southwest comer of Outlot A, Frontier Cinema Addition; thence North 00
degrees 07 minutes 50 seconds West, an assumed bearing along the westerly line of said Outlot
A, a distance of 131.70 feet to the point of beginning of the centerline to be described; thence
South 85 degrees 59 minutes 34 seconds East, a distance of 108.51 feet; thence easterly 49.73 feet
along a tangential curve concave to the north, said curve has a central angle of 14 degrees 37
minutes 37 seconds and a radius of 194.79 feet; thence North 79 degrees 22 minutes 49 seconds
East, tangent to the last described curve, a distance of 128.05 feet; thence easterly and
southeasterly 49.04 feet along a tangential curve concave to the south, said curve has a central
angle of27 degree 25 minutes 53 seconds and a radius of 102.43 feet; thence South 73 degrees 11
minutes 18 seconds East, tangent to the last described curve, a distance of 59.48 feet; thence
easterly 95.86 feet along a tangential curve concave to the north, said curve has a central angle of
27 degrees 58 minute 36 seconds and a radius of 196.32 feet; thence North 78 degrees 50 minutes
06 seconds East, tangent to the last described curve a distance of 450.06 feet to the southwesterly
right-of-way line of Great Plains Boulevards, said line also being the easterly line of the above
described property, and said centerline there terminating.
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CHAN/CHANHASSENTRANSIT STATION
CONSENT OF BREMER BANK, NATIONAL ASSOCIATION
TO
GRANT OF TEMPORARY DRAINAGE & UTILITY EASEMENT
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 Apri16, 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
Temporary Drainage & Utility Easement, filed on the day of
, 20_, as Document No. , in the Office of
the County Recorder, Carver County, Minnesota.
22UP
Executed this . day of December, 2009.
STATE OF MINNESOTA
]
] ss.
]
>/,)
2.~-
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.
14~~
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