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Permanent Draining and Utility Easement between City and Pelton dated 4-8-04 3 73 7 1.444°,f, • - 2r-66 00 2-1-0 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 1 a' • 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 • 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. • 41111 N . ARYPtB f t!: AAAAAAtibttivlAAA,A:?I :'•, 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 SRN:rns 3 9A/SR gftri 1-MRSAa?x/c3NIT]Infl AAAAIAt+ZSk 9T.:/A DeeZ/ZZ/E0 '+l 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. 4