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Grant of Permanent Easement for Public Drainage & Utility Purposes Document RecordedDocument No. OFFICE OF THE REGISTRAR OF TITLES T 174305 CARVER COUNTY, MINNESOTA Receipt # Cert. # 33709 Fee: $46.00 Certified Recorded on 2/23/2010 at 09:00 P AM ❑ PM 174305 Carl W. Hanson, Jr. Registrar of Titles (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINAGE & UTILITY PURPOSES ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife, hereinafter referred to as "Grantors ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do 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 permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Certificate of Survey. 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. The easement premises may not be paved for use for as a trail, street or for similar purpose. 149611v02 1 CHAN /PENTEADo D &U EASMT SRN:r02/02 /2010 (Lots 4 &5, Blk 1, Brenden Pond 3rd Add.) The above named Grantors, their successors, heirs, and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. l IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this " t day of , 2010. MID Do a r � ll• STATE OF MINNESOTA ) ( ss. COUNTY OF The foregoing instrument was acknowledged before me this 44 h day of Cb tt. a r , 2010, by ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife. NO ARY PUBLIC DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 SRN:ms 149611v02 SRN:r02 /02/2010 KIM T. MEUWISSEN Notary Public- Minnesota `� :• My Commission Expires Jan 31, 2015 2 CHAN /PENTEADo D &U EASMT (Lots 4 &5, Blk 1, Brenden Pond 3rd Add.) EXHIBIT `A" TO GRANT OF PERMANENT EASEMENT EASEMENT DESCRIPTIONS) A permanent easement for drainage and utility purposes over, under and across the southwesterly 10.00 feet of the northeasterly 15.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. A permanent easement for drainage and utility purposes over, under and across the southerly 20.00 feet of the northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. [TORRENS PROPERTY -- Certificate of Title No. 33 709] 149611v02 3 CHAN /PENTEADo D &U EASNIT SRN:r02 /02/2010 (Lots 4 &5, Blk 1, Brenden Pond 3rd Add.) MORTGAGE HOLDER CONSENT TO EASEMENT CORNERSTONE BANK, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166734 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. CO TONE B BY: Its O icex IMME �0t �� �- .. AYS K STATE OF )� ) KIMBERLY B. Notary Ru K ( ss. State of North Dakota COUNTY OF c�:SS ) My Commission Expires April 5, 2013 The foregoing instrument was acknowledged before me this 1-2: day of F � , 2010, by c,- and the L-8a,v \ O+V, c -e-c a of Cornerstone Bank, on its behalf. NOTARY PU C DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 SRN:ms 149611 v02 4 CHAN /PENTEADo D &U EASMT SRN:r02 /02/2010 (Lots 4 &5, Blk 1, Brenden Pond 3rd Add.) MORTGAGE HOLDER CONSENT TO EASEMENT GESTACH & PAULSON PARTNERSHIP, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166735 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. GESTACH & PA SON PARTNERSHIP BY Its STATE OF MINNESOTA ) ( ss. COUNTY OF The foregoing instrument was acknowledged before me this I day of R.� , 20A, by L d c , ffA t eC -and of Gestach & Paulson Partnership, on its behalf. DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 .SRN:nis 149611v02 SRN:r02 /02/2010 N AI2Y PUBLIC \J JEAN M. STECKLING Notary public - Minnesota �. � ,,,.,1 res Jan 31, 2014 �t"inw My (�`pnlnl�9S�On r 5 CHAN /PENTEADo D &U EASMT (Lots 4 &5, Blk 1, Brenden Pond 3rd Add.) EASEMENT VACATION EXHIBIT S 3.9'01'0,5" E 97.33 Dm.„ o,e uaxp e— \ 5 �25' Tree Ptesmwtgn Easement I I PREPARED FOR. ���--- - - - -�� 0' o/ r S. admnom 2 &W-p GESTACH PAULSON -- LEGAL DESCRIPTION: LOTS 4 & 5, BLOCK 1, BRENDEN PONDS 3RD ADDITION z LOT 5 a N a\ N Y N ME ORMINNOF & UTIM)l vN= a EASEMENT TO BE VACATED LOT RAY LINE OF �N \ ,' � o� o / 65 .00 0 2� 3p \ n \ 1�Q 1 \ �\ 6 Z4a2 i Z 30 LOT 4 �° /, o o � N ,1 02' 5 3 S R � 2 0 P��� N \ p,g5p 00 //16, / o N 69 52 05'' ' S ' SOS Proposed Tree Preservation Easement REVISED: 2101110 (1) An easement for tree preservation purposes over and REVSED. 2101110 (2) -- across the northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. Easement to be Vacated Proposed Additional Drainage and Utility Easement. The drainage and utility easements as dedicated in Block An easement for drainage and utility purposes over 1, Brenden Ponds 3rd Addition which ore described as under and across the southwesterly 10.00 feet of the follows: northeasterly 15.00 feet of Lot 5, Block 1, Branden Ponds 3rd Addition. That part the northeasterly 5.00 feet of Lot 4, and the southwesterly 5.00 feet of Lot 5, said Block 1, which lie Proposed Additional Drainage and Utility Easement: northwesterly of the southeasterly 10.00 feet of said Block An easement for drainage and utility purposes over 1, and which lie southeasterly of a line drown parallel with under and across the southerly 20.00 feet of the and 5.00 feet southeasterly of the northwesterly line of northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds said Lot 4 and its northeasterly extension. 3rd Addition. DEMARS— GABRIEL l.hereby certify that this survey, plan or report was prepared by me File No. LAND SURVEYORS, INC. or under my direct supervision and that I am o duly Registered Land 13778 C R Surveyor u the Laws of the State of Minnesota. CERTIFICATE 6875 Washington Ave, SO. Book —Page Suite 2 OF IJVEYEL Edina, MN 55439 David E. Crook SURVEY V Phone:(952) 767 -0487 scale Fax: (952) 767 -0490 Date: 12118109 Minn. Reg. No. 22414 �DF created with pdfFactory trial version www.$)dffactory.com