Surveys - 4787 Shoreline Drive - 9/20/2023TEMPORARY CONSTRUCTION EASEMENT
Parcel No.
This Temporary Construction Easement ("Easement") is made by and between
City of Spring Park, ("Grantor"), a public body corporate and politic and the
Metropolitan Council, a public corporation and political subdivision of the State of
Minnesota ("Grantee") (collectively referred to as the "Parties").
Whereas, Grantor is the fee owner of real property that is legally described
on the attached Exhibit A ("Property"); and
Whereas, Grantee is performing rehabilitation of a force main and gravity
pipe along interceptor 6-MO-650 in Mound ("Project") for which it needs an Easement
over, under and across portions of Grantor's Property; and
Whereas, the purpose of the Easement is to, without limitation, locate, stage,
install, and construct the Project and associated improvements on the Property
("Work").
Now therefore, for valuable consideration, the receipt of which is
acknowledged by Grantor, and in further consideration for the mutual promises
made below, the Parties agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee,
its agents, contractors, permittees, successors, and assigns, a Temporary
Construction Easement over, under and across that part of the Property legally
described on the attached Exhibit B (the "Easement Area") and depicted for
reference only on the attached Exhibit C for the Work.
2. Use. Grantee may use the Easement Area for purposes of constructing
the Project, which may include staging construction materials and equipment,
banking soil or project debris, construction project staff parking, installation of
utilities, or other specific purposes.
3. No Structures or Impediments. Subsequent to the date of the Easement
and until such Easement has expired, Grantor, its heirs, successors, and assigns, will
not erect, construct, or create any building, improvement, obstruction, perpendicular
utility crossing, or structure of any kind, either above or below the surface of the
Easement Area or plant any trees, or stockpile construction debris or construction
equipment, or change the grade of the Easement Area without Grantee's express
written consent.
Project #819022 Parcel # 6 1 of 8
Form ver. Feb 2022
b. Waiver. No waiver of any provision of this Easement shall be
binding unless executed in writing by the Party making the waiver. No waiver
of any provision of this Easement shall be deemed to constitute a waiver of any
other provision, whether or not similar, nor shall any waiver constitute a
continuing waiver unless the written waiver so specifies.
C. Liability. Each Party is responsible for their own acts and
omissions and the results thereof to the extent authorized by the law. This
shall not be construed to waive any liability limits or immunities including
those arising under Minnesota Statutes Chapter 466.
d. Governing Law. This Easement is governed, construed, and
enforced under the laws of the State of Minnesota without regard to conflicts
of law provisions.
e. Counterparts. This Easement may be executed in any number
of counterparts, each of which is to be deemed to be an original and the
counterparts together constitute one and the same Easement. A physical copy
or electronic copy of this Easement, including its signature pages, will be
binding, and deemed to be the original.
f. Severability. The provisions of this Easement are severable,
and in the event that any provision is held to be invalid or unenforceable, the
Parties intend that the remaining provisions will remain in full force and
effect.
g. No Presumption against Drafter. This Easement has been
negotiated at arm's length and with the opportunity for the Parties to consult
legal counsel regarding its terms. Accordingly, this Easement shall be
interpreted to achieve the intent and purpose of the Parties, without any
presumption against the drafting party.
h. Authority of Signatory. Each party to this Easement warrants
to the other that it has the right and authority to enter into this Easement.
The remainder of this page is intentionally left blank.
Project #819022 Parcel # 6 3 of 8
Form ver. Feb 2022
METROPOLITAN COUNCIL,
a public corporation and political subdivision of the
State of Minnesota,
By:
Title: Acting Regional Administrator
STATE OF MINNESOTA)
) ss
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of 2023 by
Philip Walljasper, the Acting Regional Administrator on behalf of the Metropolitan
Council.
Notary Public
This instrument drafted by:
Office of the General Counsel
Metropolitan Council
390 North Robert Street
Saint Paul, MN 55101
Project #819022 Parcel # 6 4 of 8
Form ver. Feb 2022
CITY, (�F PARK
ome P. Ro O
vam
Ll Its Mayor
r
And
Mike Anderson
Its City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this *4day of
September 2023, by Jerome P. Rockvam, Mayor, and Mike Anderson, City
Administrator, on behalf of the City of Spring Park.
JAMIE K HOFFMAN
of �a
My Commission Expires
01131120a
This instrument drafted by:
Office of the General Counsel
Metropolitan Council
390 North Robert Street
Saint Paul, MN 55101
Project #819022 Parcel # 6 5 of 8
Form ver. Feb 2022
Legal Description of the Property
That part of the following described property:
That part of the following described tract lying Northerly of the centerline of County
Road No. 15. That part of Government Lot 8, and accretions thereto, Section 18,
Township 117, Range 23 described as follows: Beginning at the Southwest corner of
said Section 18, thence North along said Section line a distance of 380 feet to the East
bank of the main channel, thence Northeasterly along said East bank of said channel
to its intersection with the Southerly right-of-way line of the Great Northern Railway
(being 205 feet measured along the Southerly right-of-way line from the West line of
Section 18), thence Easterly along the Southerly line of said right-of-way a distance
of 558.5 feet to the West line of the East 1872.7 feet of said Government Lot.8, thence
South 865 feet parallel to the East line of said Government Lot 8 to the South line of
said Section 18, thence West 763.3 feet to the point of beginning, which lies West of
the East 248.30 feet of said above described property. Section 18, Township 117,
Range 23.
Torrens Property, Certificate of Title 646733
Project #819022 Parcel # 6 6 of 8
Form ver. Feb 2022
EXHIBIT B
Temporary Construction Easement Area Legal Description
A temporary easement for construction purposes over, under and across the
following described property:
That part of Government Lot 8, Section 18, Township 117, Range 23, Hennepin
County, lying easterly of the channel, south of Railroad Right-of-way, northerly of
County Road No, 15, and west of the east 2,121 feet of said Government Lot 8.
Which lies northerly and easterly of the following described line:
Commencing at the southwest corner of HENNEPIN COUNTY REGIONAL
RAILROAD AUTHORITY PROPERTY MAP NO. 49, on file and of record in the
office of Registrar of Titles; thence North 00 degrees 17 minutes 26 seconds West,
along the west line of said HENNEPIN COUNTY REGIONAL RAILROAD
AUTHORITY PROPERTY MAP NO. 49, a distance of 59.76 feet; thence South 85
degrees 50 minutes 32 seconds East, along the south line of HENNEPIN COUNTY
REGIONAL RAILROAD AUTHORITY PROPERTY MAP NO. 49, a distance of
316.95 feet, to the point of beginning of the line to be described; thence South 13
degrees 00 minutes 09 seconds West, a distance of 13.34; thence South 76 degrees
58 minutes 33 seconds East, a distance of 121.08 feet; thence South 12 degrees 27
minutes 57 seconds West a distance of 7.68 feet to the north line of HENNEPIN
COUNTY STATE AID HIGHWAY, NO. 15, PLAT 68, and said line there
terminating.
Project #819022 Parcel # 6 7 of 8
Form ver. Feb 2022
EXHIBIT C
Temporary Construction Easement Area Depiction
For Reference Purposes Only
Project: 819022 Owner. City of Spring Park
Parce. OODS AdITess: 4786 Shoreline Dr.
Courtly: Hennepin lam: 18417 23-33-M2 ,METROPOLITAN
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Project #819022 Parcel # 6 8 of 8
Form ver. Feb 2022