CR 09-084 Approve Form of Agreement for Easements - Nine Mile Creek Restoration - Project 06-05GI-Ty OF
4*
October 6, 2009 H O p K I N S Council Report 2009 -084
Approve Form of Agreement for Easements
Nine Mile Creek Restoration
Project 06 -05
Proposed Action
Staff recommends adoption of the following motion: Move that Council adopt
Resolution 2009 -053 Resolution Approving Form of Agreement for Easements.
Overview
As part of the Nine Mile Creek Restoration Project, several easements are required for
access, maintenance and trails. The four easements before you are access easements and
permanent drainage, utility and access easements. We have acquired appraisals for the
easements and negotiated with the property owners who have verbally agreed to
compensation equal to that of the appraised value. The addresses and purchase prices are
listed below:
410 11 th Ave S. $13,273 for Drainage, Utility and Access Easement
1315 5" St S. $6,359 for Drainage, Utility and Access Easement
1302 5 th St. S. $1,550 for Access Easement
1202 5 th St. S $8,500 for Access Easement
25% of the costs for the easements will be paid by the Nine Mile Creek Watershed
District.
There are 3 other easements that we are currently working to acquire and will bring those
forth as they are settled.
Supporting Information
• Easement Agreements
• Resolution 2008 -032
o R. Bradford, P.E., City Engineer
Financial Impact: $ 22,261.50 Budgeted: Y/N Y Source: Storm Fund Related Documents (CIP,
ERP, etc.): Notes:
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2009 -053
RESOLUTION APPROVING FORM OF AGREEMENT FOR EASEMENT
ACQUISITION — NINE MILE CREEK RESTORATION
PROJECT NO 06 -05
WHEREAS, the City of Hopkins petitioned the Nine Mile Watershed District to complete
a restoration project along Nine Mile Creek from Excelsior Boulevard to the southern corporate
limits, and
WHEREAS, easements are required for drainage, utilities and access to the creek for
construction and maintenance, and
WHEREAS, appraisals have been completed to assess the value of the easements to
be acquired, and
WHEREAS, the easement agreements have been drafted,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota:
1. The City of Hopkins authorizes the acquisition of the easements for 410 11 Avenue
South, 1315 5 th Street South, 1302 5 th Street South, and 1202 -1224 5 th Street South.
2. The Mayor and City Manager are hereby authorized to enter into the agreements for
said easements noted above.
Adopted by the City Council of the City of Hopkins this 6 th day of October, 2009.
a
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
GRANT OF EASEMENT AND RESTRICTIONS
THIS GRANT OF EASEMENT AND RESTRICTIONS is made on this day of
, 2009, by Hopkins Eleventh Avenue LLC, a Minnesota Limited Liability
Company, ( "Grantor ") to the City of Hopkins, a Minnesota municipal corporation ( "Grantee ").
RECITALS:
A. Grantor is the owner in fee simple of the Real Property described in Exhibit A
attached hereto and incorporated herein (the "Real Property ").
B. Grantee has agreed to acquire and Grantor has agreed to grant to Grantee the
permanent easement described and granted herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated in
and made a part of this Grant, and payment of the sum of $ 13,273.00 , in cash, the receipt and
sufficiency of which are hereby acknowledged by Grantor:
1. Permanent Easement Grantor hereby grants and conveys to Grantee, its successors
and assigns, a permanent easement (the "Permanent Easement ") for public drainage, utility and
access purposes over, under, upon and across that portion of the Real Property legally described in
Exhibit B attached hereto and incorporated herein by reference. The Permanent Easement shall run
with the title to the Real Property and shall inure to the benefit of and be binding upon Grantor and
Grantee and their respective heirs, successors and assigns, including, but without limitation all
subsequent owners of the Real Property and all persons claiming under them.
The Permanent Easement shall include the right to enter the Permanent Easement for the purpose of
installing, repairing, maintaining and replacing public drainage and utility improvements within the
Permanent Easement area described in Exhibit B and for installing, repairing, maintaining and
replacing public drainage and utility improvements within adjacent public right -of -way or public
easements owned or controlled by Grantee or by another public or quasi - public entity. Grantee may
alter the existing grades and perform grading or filling within the Permanent Easement area as
necessary to achieve the intended purpose of the Permanent Easement for drainage purposes.
Grantee shall repair any damage to the Permanent Easement area resulting from entry thereon by
Grantee or Grantee's employees, agents or contractors; and Grantee shall seed or plant disturbed or
HopkinsCivil /9 Mile Creek Easement/Eleventh Avenu LLC.Easement C.Drainage &Util.doc
1
damaged areas with vegetation suitable for the intended use of the Permanent Easement area for
public drainage and utility purposes.
2. Restrictions on Grantor's Use of Permanent Easement Grantor shall not use the
Permanent Easement area or permit the construction of any improvements within the Permanent
Easement in any manner that would damage or interfere with the use of the Permanent Easement for
public drainage, utility and access purposes. Specifically, any grading, filling or alteration of the
surface of the Permanent Easement area by any party other than Grantee or the construction of any
hard - surfaced areas, fences, sheds, structures or similar improvements within the Permanent
Easement area is prohibited. Grantor is not divested of the right to use and enjoy the Real Property
and the Permanent Easement area for other purposes, subject only to the restriction stated herein and
the right of Grantee to use the same for the purposes herein expressed.
3. Title Grantor represents and covenants with the Grantee that Grantor is the only
owner of fee title to the Real Property; has the sole right to grant and convey the Permanent
Easement to the Grantee; that there are no unrecorded mortgages, contracts for deed or other
encumbrances that would prevent the establishment of the Permanent Easement or the use thereof by
the Grantee for the purposes described herein; and that Grantor will indemnify and hold the Grantee
harmless for any breach of the foregoing covenants.
4. Governina Law This Grant of Easement shall be construed and governed by the
laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and
Restrictions effective on the above date.
GRANTOR:
HOPKINS ELEVENTH AVENUE LLC
By:
Its:
GRANTEE:
CITY OF HOPKINS
By
Its Mayor
By
Its City Manager
HopkinsCivil /9 Mile Creek Easement/Eleventh Avenu LLC.Easement C.Drainage &Util.doc
2
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument
, 20,
Liability Company, by
Limited Liability Company.
was acknowledged before me this day of
by Hopkins Eleventh Avenue LLC a Minnesota Limited
, its on behalf of the
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20, by , the Mayor, and
, the City Manager, of The City of Hopkins, a municipal
corporation, under the laws of the State of Minnesota, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, MN 55343
Phone: 952- 938 -7635
Fax: 952- 938 -7670
HopkinsCivil /9 Mile Creek Easement/Eleventh Avenu LLC.Easement C.Drainage &Util.doc
3
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
Lot 3, Auditor's Subdivision No. 195, Hennepin County, Minn., and that part of vacated 3 -1/2
Street South, dedicated in the plat of West Minneapolis, which lies between the Northerly
extensions of the East and West lines of Lot 3, Auditor's Subdivision No. 195, Hennepin County,
Minn.
HopkinsCivil /9 Mile Creek Easement/Eleventh Avenu LLC.Easement C.Drainage &Util.doc
4
EXHIBIT B
LEGAL DESCRIPTION OF PERMANENT EASEMENT
That part of the following described tract of land:
Lot 3, Auditor's Subdivision No. 195, Hennepin County, Minn., and that part of vacated 3 -1/2
Street South, dedicated in the plat of West Minneapolis, which lies between the Northerly
extensions of the East and West lines of Lot 3, Auditor's Subdivision No. 195, Hennepin County,
Minn.
Which lies within the following permanent easement for access, drainage and utility purposes:
The west 45.00 feet of Lot 3, AUDITOR'S SUBDIVISION NO. 195, according to said plat on file
and of record in the office of the County Recorder, Hennepin County, Minnesota, lying southerly of
the existing drainage easement as retained in Document No. 1396934.
HopkinsCivil /9 Mile Creek Easement/Eleventh Avenu LLC.Easement C.Drainage &Util.doc
5
MORTGAGEE'S CONSENT
U.S. Bank, National Assocation, a National Association organized under the laws of the
United States, the mortgagee named in those certain Mortgages dated December 3, 1997, recorded
December 12, 1997, as Doc. No. 2869161, dated April 20, 2000, recorded May 8, 2000, as Doc. No.
3277844, dated July 21, 2000, recorded July 21, 2000, as Doc. No. 3298708, and dated October 10,
2000, recorded November 6, 2000, as Doc. No. 3330322, all in Hennepin County, Minnesota
(collectively, the "Mortgages "), hereby consents to the foregoing Grant of Easement and Restrictions
and agrees that the Mortgages shall be subject and subordinate to said Grant of Easement and
Restrictions.
U.S. BANK, NATIONAL ASSOCIATION
.0
Its
STATE OF
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
20 by the
and the
of U.S. Bank, National Association, a National Association, under the
laws of the United Stated on behalf of the National Association.
Notary Public
HopkinsCivil /9 Mile Creek Easement/Eleventh Avenu LLC.Easement C.Drainage &Util.doc
6
MORTGAGEE'S CONSENT
Excel Bank Minnesota, a Minnesota Corporation, the mortgagee named in that certain
Mortgage dated February 25, 2003 (the "Mortgage "), which Mortgage was recorded April 24, 2003,
as Doc. No. 3725044, in Hennepin County, Minnesota, hereby consents to the foregoing Grant of
Easement and Restrictions and agrees that the Mortgage shall be subject and subordinate to said
Grant of Easement and Restrictions.
EXCEL BANK MINNESOTA
Its
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 the
and the
of Excel Bank Minnesota, a corporation under the laws of the State of
Minnesota, on behalf of the corporation.
Notary Public
HopkinsCivil/9 Mile Creek Easement/Eleventh Avenu LLC.Easement C.Drainage &Util.doe
7
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GRANT OF EASEMENT
THIS GRANT OF EASEMENT is made on this day of ,
2009, by Braxton Properties LLC a Minnesota limited liabili _ comp "Grantor ") to the City of
Hopkins, a Minnesota municipal corporation ( "Grantee ").
RECITALS:
A. Grantor is the owner in fee simple of the Real Property described in Exhibit A
attached hereto and incorporated herein (the "Real Property ").
B. Grantee has agreed to acquire and Grantor has agreed to grant to Grantee the
permanent easement described and granted herein.
. NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated in
and made a part of this Grant, and payment of the sum of $ 6,359.00 , in cash, the receipt and
sufficiency of which are hereby acknowledged by Grantor:
1. Permanent Easement Grantor hereby grants and conveys to Grantee, its successors
and assigns, a permanent easement (the "Permanent Easement ") for access purposes over, under,
upon and across that portion of the Real Property legally described in Exhibit B attached hereto and
incorporated herein by reference. The Permanent Easement shall run with the title to the Real
Property and shall inure to the benefit of and be binding upon Grantor and Grantee and their
respective heirs, successors and assigns, including, but without limitation all subsequent owners of
the Real Property and all persons claiming under them.
The Permanent Easement shall include the right of access over the Permanent Easement for the
purpose of installing, repairing, maintaining and replacing public drainage and utility improvements
within adjacent public right -of -way or public easements owned or controlled by Grantee or by
another public or quasi - public entity. Grantee shall repair any damage to the Permanent Easement
area resulting from entry thereon by Grantee or Grantee's employees, agents or contractors; and
Grantee shall seed or plant disturbed or damaged areas with vegetation substantially similar to that
located within the Permanent Easement area.
2. Grantor's Use of Permanent Easement Grantor shall not use the Permanent
Easement area or permit the construction of any improvements within the Permanent Easement in
HopCivil/ GrantofEasement .BRAXTON.EasementB.Perm Access.doc I
any manner that would damage or interfere with the use of the Permanent Easement for access
purposes as provided in this Grant. Grantor is not divested of the right to use and enjoy the Real
Property and the Permanent Easement area for other purposes, subject only to the restriction stated
herein and the right of Grantee to use the same for the purposes herein expressed.
3. Title Grantor represents and covenants with the Grantee that Grantor is the only
owner of fee title to the Real Property; has the sole right to grant and convey the Permanent
Easement to the Grantee; that there are no unrecorded mortgages, contracts for deed or other
encumbrances that would prevent the establishment of the Permanent Easement or the use thereof by
the Grantee for the purposes described herein; and that Grantor will indemnify and hold the Grantee
harmless for any breach of the foregoing covenants.
4. Governing Law This Grant of Easement shall be construed and governed by the
laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement effective
on the above date.
GRANTOR:
BRAXTON PROPERTIES LLC
By:
Its:
GRANTEE:
CITY OF HOPKINS
By
Its Mayor
Its City Manager
HopCivil/ GrantotEasement .BRAXTON.EasementB.Perm Access.doc 2
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2009, by the
of Braxton Properties LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009, by , the Mayor, and
, the City Manager, of The City of Hopkins, a municipal
corporation, under the laws of the State of Minnesota, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, MN 55343
Phone: 952- 938 -7635
Fax: 952- 938 -7670
HopCivil/ GrantofEasement .BRAXTON.EasementB.Perm Access.doc 3
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
That part of the Northwest Quarter of the Northwest Quarter, Section 25, Township 117, Range
22, Hennepin County, lying South of the Southerly right -of -way line of The Minneapolis & St.
Louis Railway Company, except that part thereof lying West of a line and its extension drawn
parallel with and 629.15 feet East of the center line of 16th Avenue South extended Northerly.
HopCiviUGrantotEasement .BRAXTON.EasementB.Perm Access.doc 4
EXHIBIT B
LEGAL DESCRIPTION OF PERMANENT EASEMENT
The east 20.00 feet of Real Property described in Exhibit A.
HopCivil/ GrantofEasement .BRAXTON.EasementB.Perm Access.doc 5
MORTGAGEE'S CONSENT
Peoples Bank of Commerce, a corporation under the laws of the State of Minnesota, the
mortgagee named in those certain Mortgages dated July 29, 1999, recorded March 23, 2000, as
Document No. 3267063, and dated October 30, 2002, recorded November 13, 2002, as Document
No. 3629818, all recorded Hennepin County, Minnesota, and as modified by the Modification of
Mortgage dated June 8, 2007, recorded June 21, 2007, as Document No. 4398636 (the "Mortgages ")
hereby consents to the foregoing Grant of Easement and Restrictions and agrees that the Mortgages
shall be subject and subordinate to said Grant of Easement and Restrictions.
Peoples Bank of Commerce
3
Its
STATE OF
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
2009, by the
, of Peoples Bank of Commerce, a Minnesota corporation, under
the laws of Minnesota, on behalf of the corporation.
Notary Public
HopCivil/ GrantotEasement .BRAXTON.EasementB.Perm Access.doc 6
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Parce /Sketch
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GRANT OF EASEMENT
THIS GRANT OF EASEMENT is made on this day of ,
2009, by NL Ventures V Hopkins, L.P., a limited partnership under the laws of the State of Texas
( "Grantor ") to the City of Hopkins, a Minnesota municipal corporation ( "Grantee ").
RECITALS:
A. Grantor is the owner in fee simple of the Real Property described in Exhibit A
attached hereto and incorporated herein (the "Real Property ").
B. Grantee has agreed to acquire and Grantor has agreed to grant to Grantee the
permanent easement described and granted herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated in
and made a part of this Grant, and payment of the sum of $ 1,550.00 , in cash, the receipt and
sufficiency of which are hereby acknowledged by Grantor:
1. Permanent Easement Grantor hereby grants and conveys to Grantee, its successors
and assigns, a permanent easement (the "Permanent Easement ") for access purposes over, under,
upon and across that portion of the Real Property legally described in Exhibit B attached hereto and
incorporated herein by reference. The Permanent Easement shall run with the title to the Real
Property and shall inure to the benefit of and be binding upon Grantor and Grantee and their
respective heirs, successors and assigns, including, but without limitation all subsequent owners of
the Real Property and all persons claiming under them.
The Permanent Easement shall include the right of access over the Permanent Easement for the
purpose of installing, repairing, maintaining and replacing public drainage and utility improvements
within adjacent public right -of -way or public easements owned or controlled by Grantee or by
another public or quasi - public entity. Grantee shall repair any damage to the Permanent Easement
area resulting from entry thereon by Grantee or Grantee's employees, agents or contractors; and
Grantee shall seed or plant disturbed or damaged areas with vegetation substantially similar to that
located within the Permanent Easement area.
2. Grantor's Use of Permanent Easement Grantor shall not use the Permanent
Easement area or permit the construction of any improvements within the Permanent Easement in
HopCivil/ GrantofEasement .NLVENT.EasementD.Perm Access.doc
any manner that would damage or interfere with the use of the Permanent Easement for access
purposes as provided in this Grant. Grantor is not divested of the right to use and enjoy the Real
Property and the Permanent Easement area for other purposes, subject only to the restriction stated
herein and the right of Grantee to use the same for the purposes herein expressed.
3. Title Grantor represents and covenants with the Grantee that Grantor is the only
owner of fee title to the Real Property; has the sole right to grant and convey the Permanent
Easement to the Grantee; that there are no unrecorded mortgages, contracts for deed or other
encumbrances that would prevent the establishment of the Permanent Easement or the use thereof by
the Grantee for the purposes described herein; and that Grantor will indemnify and hold the Grantee
harmless for any breach of the foregoing covenants.
4. Governing Law This Grant of Easement shall be construed and governed by the
laws of the State of Minnesota.
5. Relocation of Permanent Easement Grantor shall be entitled to cause the
Permanent Easement to be relocated to an alternate location on the Real Property, provided Grantor
simultaneously grants to Grantee a replacement easement (the "Replacement Easement ") which is at
least 20 feet in width and provides access to the adjacent public right -of -way or public easements as
described in paragraph 1 substantially equivalent to the original Permanent Easement. As a
condition of exercising Grantor's right to relocate the Permanent Easement, Grantor shall be
responsible for all surveyor's fees incurred to provide legal description(s) of the Replacement
Easement and Grantor shall provide good title to the Replacement Easement to Grantee, free and
clear of liens and encumbrances, other than liens and encumbrances to which the original Permanent
Easement was subject, and consented to by any mortgagees then holding liens upon the Real
Property. Upon the granting of the Replacement Easement in accordance with the terms and
conditions of this paragraph, Grantor shall release that part of the original Permanent Easement not
included within the Replacement Easement.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement effective
on the above date.
GRANTOR:
NL Ventures V Hopkins, L.P.
Its:
HopCivil/GrantofEasement.NLVENT. EasementD. Perm Access.doc 2
GRANTEE:
STATE OF )
ss.
COUNTY OF )
CITY OF HOPKINS
By
Its Mayor
By
Its City Manager
The foregoing instrument was acknowledged before me this day of
2009, by the
of NL Ventures V Hopkins, L.P., a Texas limited partnership.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009, by , the Mayor, and
, the City Manager, of The City of Hopkins, a municipal
corporation, under the laws of the State of Minnesota, on behalf of the municipal corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, MN 55343
Phone: 952- 938 -7635
Fax: 952- 938 -7670
Notary Public
HopCivil/ GrantofEasement .NLVENT.EasementD.Perm Access.doc 3
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
Lot 1, Block 1, THERMOTECH ADDITION, according to said plat on file and of record in the
office of the County Recorder, Hennepin County, Minnesota.
HopCivil/GrantofEasement.NLVENT. EasementD. Perm Access.doc 4
EXHIBIT B
LEGAL DESCRIPTION OF PERMANENT EASEMENT
That part of Lot 1, Block 1, THERMOTECH ADDITION, according to said plat on file and of
record in the office of the County Recorder, Hennepin County, Minnesota, which lies westerly
and southwesterly of the existing drainage easement per Document No. 2563096 and which lies
easterly, northeasterly and northwesterly of the following described line: Commencing at the
northeast corner of said Lot 1, Block 1; thence North 89 degrees 30 minutes 57 seconds West,
assumed bearing along the north line of said Lot 1, 33.00 feet to the point of beginning of said
line to be hereinafter described; thence South 00 degrees 53 minutes 24 seconds West, 151.98
feet; thence South 29 degrees 21 minutes 31 seconds East, 133.73 feet; thence South 55 degrees
14 minutes 43 seconds East, 65.78 feet; thence North 53 degrees 49 minutes 03 seconds East,
18.15 feet, to the easterly line of said Lot 1, and said line there terminating.
HopCivil/ GrantofEasement .NLVENT.EasementD.Perm Access.doc
MORTGAGEE'S CONSENT
Nationwide Life Insurance Company, a corporation under the laws of the State of Ohio, the
mortgagee named in those certain Mortgages dated February 16, 2006, and recorded March 3, 2006,
as Document No. 4232979, and February 16, 2006, recorded March 3, 206, as Document No.
4232981, recorded in Hennepin County, Minnesota, (the "Mortgages ") hereby consents to the
foregoing Grant of Easement and Restrictions and agrees that the Mortgages shall be subject and
subordinate to said Grant of Easement and Restrictions.
Nationwide Life Insurance Company
Its
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2009, by the
,ofNationwide Life Insurance Company, an Ohio Corporation, on
behalf of the corporation.
Notary Public
HopCivil/GrantofEasement.NLVENT. EasementD. Perm Access.doc 6
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GRANT OF EASEMENT
THIS GRANT OF EASEMENT is made on this day of ,
2009, by Creekside Office/ Warehouse Condominium Association, a Minnesota non - profit
corporation (collectively, "Grantors ") to the City of Hopkins, a Minnesota municipal corporation
( "Grantee ").
RECITALS:
A. Grantors are the owners in fee simple of the Real Property described in Exhibit A
attached hereto and incorporated herein (the "Real Property").
B. Grantee has agreed to acquire and Grantors have agreed to grant to Grantee the
permanent easement described and granted herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated in
and made a part of this Grant, and payment of the sum of $ 8,500.00 , in cash, the receipt and
sufficiency of which are hereby acknowledged by Grantors:
1. Permanent Easement Grantors hereby grant and convey to Grantee, its successors
and assigns, a . I101 1- CX CIUSJVC permanent easement (the "Permanent Easement ") for access purposes
over, under, upon and across that portion of the Real Property legally described in Exhibit B attached
hereto and incorporated herein by reference. The Permanent Easement shall run with the title to the
Real Property and shall inure to the benefit of and be binding upon Grantors and Grantee and their
respective heirs, successors and assigns, including, but without limitation all subsequent owners of
the Real Property and all persons claiming under them.
The Permanent Easement shall include the right of access over the Permanent Easement for the
purpose of installing, repairing, maintaining and replacing public drainage and utility improvements
within adjacent public right -of -way or public easements owned or controlled by Grantee or by
another public or quasi - public entity. Grantee shall repair any damage to the Permanent Easement
area resulting from entry thereon by Grantee or Grantee's employees, agents or contractors; and
Grantee shall seed or plant disturbed or damaged areas with vegetation substantially similar to that
located within the Permanent Easement area.
2. Grantors' Use of Permanent Easement Grantors shall not use the Permanent
HopCivil /GrantofEasement. YandZEasementE
Easement area or permit the construction of any improvements within the Permanent Easement in
any manner that would damage or interfere with the use of the Permanent Easement for access
purposes as provided in this Grant. Grantors are not divested of the right to use and enjoy the Real
Property and the Permanent Easement area for other purposes, subject only to the restriction stated
herein and the right of Grantee to use the same for the purposes herein expressed.
3. Title Grantors represent and covenant with the Grantee that Grantors are the only
owners of fee title to the Real Property; have the sole right to grant and convey the Permanent
Easement to the Grantee; that there are no unrecorded mortgages, contracts for deed or other
encumbrances that would prevent the establishment of the Permanent Easement or the use thereof by
the Grantee for the purposes described herein; and that Grantors will indemnify and hold the Grantee
harmless for any breach of the foregoing covenants.
4. Governing Law This Grant of Easement shall be construed and governed by the
laws of the State of Minnesota.
5. Relocation of Permanent Easement Grantors shall be entitled to cause the
Permanent Easement to be relocated to an alternate location on the Real Property, provided Grantors
simultaneously grant to Grantee a replacement easement (the "Replacement Easement ") which is at
least 20 feet in width and provides substgr ccluio-g erit : access to the adjacent public right -of -way
or public easements as described in paragraph 1. As a condition of exercising Grantors' right to
relocate the Permanent Easement, Grantors shall be responsible for all surveyor's fees incurred to
provide legal description(s) of the Replacement Easement and Grantors shall provide good title to
the Replacement Easement to Grantee, free and clear of liens and encumbrances, other than liens and
encumbrances to which the original Permanent Easement was subject, and consented to by any
mortgagees then holding liens upon the Real Property. Upon the granting of the Replacement
Easement in accordance with the terms and conditions of this paragraph, Grantees shall release that
part of the original Permanent Easement not included within the Replacement Easement.
6. Other Access to the Creek. In the event that Grantor creates or permits an
obstruction of the easement area described in the attached Exhibit B, Grantor shall not be deemed in
breach of its obligations under this Grant of Easement so long as Grantor provides another path, 20
feet in width, that affords subl :t<ititially e uiy alcnt iccc: to thc mfil icclat pu blic rit;lht- of -way or public
ea sements as described ir, }parig I . . Grantor acid Grantee expressly waive any claims of
abandonment, adverse possession, or similar claims related to this Grant of Easement that may
accrue to it by virtue of obstruction of the easement area described in the attached Exhibit B.
HopCivi l /GrantofEasement.YandZEasementE 2
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement effective
on the above date.
GRANTORS:
Creekside Office/Warehouse
Condominium Association
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2009, by the
of Creekside Office /Warehouse Condominium Association, a
Minnesota non - profit corporation, on behalf of the non - profit corporation.
Notary Public
HopCivi l/GrantofEasement.YandZEasementE 3
GRANTEE:
CITY OF HOPKINS
By
Its Mayor
Its City Manager
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2009, by , the Mayor, and
, the City Manager, of The City of Hopkins, a municipal
corporation, under the laws of the State of Minnesota, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, MN 55343
Phone: 952-938-7635
Fax: 952- 938 -7670
HopCivil /GrantofEasement.YandZEasementE 4
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
Common Elements, Common Interest Community No. 1809, Creekside Office /Warehouse
Condominiums, according to said plat on file and of record in the office of the County Recorder,
Hennepin County, Minnesota.
HopCivil /GrantotEasement.YandZEasementE 5
EXHIBIT B
LEGAL DESCRIPTION OF PERMANENT EASEMENT
A strip of land 20.00 feet in width over that part of the Real Property described in Exhibit A, the
centerline of which is described as follows: Beginning at the intersection of a line drawn parallel
with and distant 10.00 feet west of the east line of the Real Property described in Exhibit A and the
north line of the Real Property described in Exhibit A; thence South 00 degrees 10 minutes 33
seconds West, assumed bearing along said line drawn parallel with and distant 10.00 feet west of
said east line of the Real Property described in Exhibit A, 239.86 feet; thence southerly and westerly,
31.37 feet, along a tangential curve, concave to the northwest, having a radius of 20.00 feet and a
central angle of 89 degrees 52 minutes 09 seconds; thence North 89 degrees 57 minutes 18 seconds
West, tangent to the last described curve, 138.57 feet; thence westerly and southwesterly, 12.84 feet,
along a tangential curve, concave to the southeast, having a radius of 20.00 feet, and a central angle
of 36 degrees 47 minutes 47 seconds; thence South 53 degrees 14 minutes 55 seconds West, tangent
to the last described curve, 37.62 feet, to the southwest line of the Real Property described in Exhibit
A and said centerline there terminating.
Said strip of land is to extend by its full width from said north line of the Real Property described in
Exhibit A, to the northeasterly line of the existing drainage easement per Document No. 2563095.
Also a strip of land 20.00 feet in width over that part of the Real Property described in Exhibit A the
southwesterly line of which is contiguous with the northeasterly line of said existing drainage
easement per Document No. 2563095.
Said strip of land is to extend by its full width from the northwesterly line of the above described
permanent easement for access purposes, to a line drawn parallel with and distant 137.00 feet south
of said north line of the Real Property described in Exhibit A.
HopCivil /GrantotEasement.YandZEasementE 6
Mgee's Consent unnecessary- no mortgage; Unit owners' consent unnecessary- 515B.3 -102:
(9) grant easements for public utilities, public rights -of -way or other public purposes, and cable
television or other communications, through, over or under the common elements; grant easements,
leases, or licenses to unit owners for purposes authorized by the declaration; and, subject to approval
by resolution of unit owners other than declarant or its affiliates, grant other easements, leases, and
licenses through, over or under the common elements;
HopCivil /GrantofEasement. YandMasementE
Prepared by.
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Nine Mile Creek I VMS P NO. 1474-00 °" 4MAW
Improvements Project
Parcel Sketch
Hopkins, Minnesota
Easement