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Substation EasementSUBSTITUTION CARD FILE THIS SIDE FORWARD AT EXTREME RIGHT OF FOLDER WHEN FACE IS FILLED UP SEE ADDITIONAL CHARGE - OUTS ON BACK NUMBER NAME OR SUBJECT DATE OF LETTERS ISpUED SO DATE ISSUED ty Easementi.` Emm " I I I OVER EASEMENT THIS EASEMENT, made this day of Wgma,,l , 1987, between the City of Chaska, a public body corporate and politic under the laws of the State of Minnesota, its successors or assigns, hereinafter called "City" and Northern States Power Company, a Minnesota corporation, its successors and assigns, hereinafter called "NSP"; WITNESSETH: WHEREAS, the City is the owner of a parcel of land located in the SE 1/4, NW 1/4 of Section 22, To�nsh,ip 116, Range 23, Carver County, Minnesota, together with an easement for utilities and for ingress and egress across a strip of other land located between said parcel of land and a public road. Said parcel of land and easement are described in Exhibit A attached hereto known as the Bluff Creek Substation site and hereinafter called the "Premises". WHEREAS, NSP and City are parties to a Firm Power Service Resale Agreement dated September 8, 1983; and WHEREAS, NSP and the City are parties to a Bluff Creek Project Ownership and Operating Agreement and Chaska Substation Service Agreement dated 7,�, /j , 1987. WHEREAS, NSP and City have completed studies that show joint development of facilities to serve adjacent service areas will benefit both parties; and WHEREAS, NSP desires to utilize a portion of the Premises to provide NSP easement rights over, under, across and upon the Premises to construct, maintain, repair, rebuild and remove transmission line termin- ation structures, distribution feeder bays and associated equipment and a 115-69 kV substation on a portion of the Premises. RJB011587PJH02 Page 1 of 3 1` 2p 00PW NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein to be kept and performed, NSP and the City hereby mutually agree as follows: 1. The City hereby grants to NSP the right and easement over, under, across and upon the Premises as may be reasonably necessary for NSP to construct, operate, maintain and remove transmission line termination structures, distribution feeder bays and associated equipment, and a 115-69 kV substation on a portion of the Premises, provided, however, that the exercise of NSP's rights under such easement does not unreason- ably interfere with or hinder the construction, operation, maintenance or removal of the City's facilities. NSP may use the existing or future roadways that have been or will be constructed and maintained by the City upon the Premises; excepting and reserving unto the City an undivided and nonexclusive right to utilize in common with NSP the portion of the Premises consisting of an easement for utilities and for ingress and egress over a 40 foot wide strip of land. 2. The rights hereby granted to NSP include the right to trim and cut trees and brush which may endanger NSP's facilities on the Premises. 3. City covenants with NSP, its successors and assigns, that the City is the owner of the above Premises and has the right to sell and convey an easement in the manner and form aforesaid. IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of the J/ day of }'Y/aA4A-, , 19 YZ . APPROVED- R a p APPROVED EAW OEPnRiMEN� APPROVED cEN seRmcEs oe I THE CITY OF CHASKA Bis i By .Its RJ6011587PJH02 Page 2 of 3 STATE OF ) COUNTY OF � ) 0 The foregoing instrument was acknowledged before emmeeetthis day of _'ALL—, 19_EZ, by 2C;r,� �O of corporation, on behalf of the corporation. w JACQUELYN A. ITEN F NOTARY PUBLIC - MINNESOTA CARVER COUNTY My Commlmlon EVIr" Mar. 1T. 1880 Y UBL kv 7 This instrument is exempt from the Minnesota Deed Tax. This instrument was drafted by Northern States Power Company, 414 Nicollet Mall, Minneapolis, Minnesota. RJB011587PJH02 Page 3 of 3 A 174 EXHIBIT A That part of the SE 1/4, NW 1/4 of Section 22, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the Southeast corner of the NE 1/4 (E 1/4 Cor.) of said Section 22; thence South 89057153" West, assumed bearing, 2649.54 feet along the South line of said NE 1/4 to the Southeast corner of said SE 1/4, NW 1/4 of Section 22, said point also being the point of beginning of the tract to be described; thence continuing South 89°57'53" West 499.83 feet along said South line; thence northwesterly 247.29 feet along the center of a public roadway on a non-tangential curve concave to the northeast with radius of 954.93 feet through a central angle of 1450'14", chord -bearing North 72°54'36" West 246.59_ feet; thence North 00°24'57" West 592.50 feet; thence North 89035'03" East 377.00 feet; thence South 71053'06" East 377.58 feet to a point on the East line of said SE 1/4 of the NW 1/4; thence South 00024'57" East 550.00 feet along said East line to the point of beginning. Subject to easements, reservations or restrictions, if any. Together with an easement for utilities and ingress and egress, being 40 feet in width, lying 20 feet on each side of the following described centerline: Commencing at the Southwest corner of the above described tract; thence North 00024'57" West 321.50 feet along the West line thereof to the point of beginning of the centerline to be described; thence North 76030'00" West 45.00 feet; thence southwesterly 46.69 feet along a tangential curve concave to the southeast with radius of 50.00 feet through a central angle of 53°30'00"; thence South 50°00'00" West 224.89 feet tangent to said curve to to a point on the center of a public roadway and said centerline there terminating. It is intended to extend or shorten the side lines of said easement so as to terminate at said centerline of the public roadway and at the West line of said Tract A. RJB011587PJH03