Permanent Draining and Utility Easement between City and Pelton dated 4-8-04 3 73 7 1.444°,f,
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72 to TvPvp e4P-- CITY OF
CHANHASSEN
L g, 82 Red 66064,-.7p4- RECEIVED
EIVED
JAN 042019
CHANHASSEN PLANNING DEPT
(reserved/or morals aaurrsratitxr)
PERMANENT DRAINAGE
AND UTILITY EASEMENT
THIS AGREEMENT made this S1.42. day of (1 , 2004, by and
between James M. Pelton, hereinafter referred to as "Grantor". and the CITY OF
CHANHASSEN. a municipal corporation organized under the laws of the State of
Minnesota, the Grantee, hereinafter referred to as"City'.
WITNESSETH:
The Grantor, in consideration of One Dollar ($1.00) and other good and
valuable consideration to them in hand paid by the City, the receipt and
sufficiency of which is hereby acknowledged, do hereby grant unto the City, its
successors and assigns, a permanent easement for public drainage and utility
purposes, over, on. across, under, and through the land situated in the County of
Carver, State of Minnesota, as 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 agreement, together with the right of ingress
to and egress from the property, for the purpose of constructing. reconstructing,
inspecting, repairing, and maintaining the property of the City, at the will of the
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a'
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City, its successors and assigns; it being the intention of the parties hereto that the
Grantor hereby grant the uses herein specatiaci without divesting themselves of the
right to use and enjoy the above described permonont oasoment premises,
subjoct only to the right of the City to use the same for the purposes herein
expressed.
It is understood by the Grnntcr that the City shall not be responsible for any
restoration or replacement costs or damages resulting from the construction,
maintenance, and use of the easement premises. It is further understood that
vegetation will be removed and that excavation will occur on the easement
premises.
The above named Grantor, 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.
IN TESTIMONY WHEREOF, the parties hereto have signed this agreement the
day and year first above written.
GRANTOR:
J• P :.
2
• aA
CITY OF CHA MASSE ' o
A o�
8Y:
Th ••as A. Furlong, Mayo
(SEAL) ` / / •rr
AND
�'�`'''�
Todd Gerhardt, City Manager
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STATE OF MINNESOTA,4-rte
I ss.
COUNTY OF /114-4
The foregoing instrument was acknowledged before me this 2;1___ day of
/`mor 6-4 • 2004, by James M. Pelton, hus nd wife.
CHRISTOPHER FLYNN
#.'' Notary Public-Alizona NOTARY PUBLIC
/ My Commission Expires
J
October 22.2008
STATE OF MINNESOTA
ss.
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this ral day of
, 2004, by Thomas A. Furlong and by Todd Gerhardt, respectively
the ayor and City Manager of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
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DRAFTED BY: 1..' '`r KAREN J. ENGELI{ARDT
CAMPBELL KNUTSON F Notary Polio-Minnesota
Professional AssocraTion � 3 ^
317 Eagand
V,ale Ofce Cenieryyary irvVVVYVv'v��•ar e
1380 Corporots CRntP.r C.itrvA
Eagan.Minnesota 55121
Telephone:(651) 452-5000
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EXHIBIT 'A"
TO
PERMANENT EASEMENT
That part of vacated Kirkham Road which lies south of the westerly extension of the North line
of Lot 6.and north of the westerly exrensinn of the South line of Lot 20.all in Block 2,RED
CEDAR POINT.
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