Easement - 4658 Shoreline Drive - 10/4/2023 Doc No A10072540
Certified, filed and/or recorded on
Apr 22, 2014 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McMormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 71 Pkg ID 1103483M
Doc Name: Easement
1 ®1 Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF SPRING PARK )
I, Wendy Lewin, City Clerk of the City of Spring Park, do hereby certify that I have compared
the attached instrument identified as Easement Agreement by and between the City of Spring
Park and David and Debra Bennyhoff, husband and wife, with the original instrument now on
file in my office and that it is a true and correct copy of the same and whole thereof which was
duly executed by said David and Debra Bennyhoff on August 6, 2013.
In witness whereof I have hereunto set my hand and seal this 21 st day of April, 2014.
endy Lewin, City Clerk
EASEMENT AGREEMENT
THIS AGREEMENT is made and ent red into as of this ! day of August,
2013 by and between a�flglfl_ s.on] OR
[husband and wife] (hereinafter "Grantor") and the City of Spring Park, a municipal
corporation under the laws of the State of Minnesota (hereinafter "Grantee").
Grantor, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, hereby grants, conveys and warrants to Grantee, and
Grantee's successors and assigns forever, a perpetual easement for utility purposes
(including, but not limited to, the installation of a streetlight control panel, pad and
related accessories and appurtenances) upon, over, across and through that certain
real property located in Hennepin County, Minnesota, legally described on the attached
Exhibit A and in the location depicted on the attached Exhibit B (hereinafter the
"Easement"), together with the right of ingress and egress to and from the Easement at
all reasonable times, and together with the right to use such reasonable portion of the
real property contiguous to the Easement as may be necessary from time to time for
Grantee to perform construction, reconstruction, maintenance or repairs on utilities
located within the Easement as described below.
Grantor also grants and conveys to Grantee the right, but not the obligation, to
enter upon the Easement from time to time as Grantee deems reasonable or necessary
to perform construction, reconstruction, maintenance, cleaning and repair of the utilities
(including, without limitation, all accessories and appurtenances thereto) located within
the Easement, which work shall be done at no cost or expense to Grantor. Grantee
shall, at Grantee's expense, repair any damage to the Easement or the contiguous real
property caused by the exercise of its rights hereunder.
Grantor shall not construct or place any structure or thing upon the Easement
which might affect, obstruct, impede or interfere with either its use for utility purposes or
with Grantee's rights of ingress and egress, construction, reconstruction, maintenance,
cleaning and repair granted herein.
All provisions of this Agreement, including the benefits and burdens, shall be
deemed to run with the land and are binding upon and shall inure to the benefit of the
respective heirs, successors, assigns, and legal representatives of the parties hereto.
The rule of strict construction shall not apply to the easement granted in this
Agreement or to the covenants set forth herein. This Agreement shall be given a
reasonable construction so that the intention of the parties to confer reasonably useable
benefits and reasonably enforceable obligations are carried out.
IN WITNESS WHEREOF, the parties have set their hands the day and year first
written above.
GRANTOR
J 4��
,/�
(signature) l:�
(signature)
THE STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Th foregoi g instr ment was acknowledged before me August 2013 by
Vid te and ebrc, geF , [a-&� erson] OR [husband and wife].
WENDY L. LfWIN .0 _
NOTARY PURUC499MOTA Notary PutAic
OR *
com"MEmkoi.st sots �
2
GRANTEE: City of Spring Park, MN
(_�owa'k )&n�wl
04--
95'rah Reinhardt, Mayor
Wendy Lewin, City Clerk
THE STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of August,
2013 by Sarah Reinhardt and Wendy Lewin, the Mayor and City Clerk, respectively, of
the City of Spring Park, on behalf of the City.
u e
SHARON LAENA FARNIOK
NOTARY PUBLIC•MINNESOTA
My Commission ExPres Jan.31,2015 Notary P IIC
M N
THIS DOCUMENT WAS DRAFTED BY:
Nancy Jensen Beck, PLLC
1831 Bayard Avenue
St. Paul, Minnesota 55116
(612) 501-6196
3
EXHIBIT A
[Attach legal description]
Yye
k
f
l�
4
EXHIBIT A
i 5- ('-7-73- 33- owK i
That part of the West 100 feet of the East 1872.7 feet of
Government Lot 8, and accretions thereto, lying North of the center
line of County Road No. 15 and South of the Southerly right of way
line of the Great Northern Railway in Section 18, Township 117,
Range 23.
A
The West 67.5 feet of the East 1772.7 feet of that part of
Government Lot 8, lying North of the center line of County Road No.
15 and South of the Southerly right of way line of the Great
Northern Railway in Section 18, Township 117, Range 23.
The West 100 feet of the East 1705.2 feet of that part of
Government Lot 8 lying North of the center line of County Road No.
15 and South of the Southerly right of way line of the Great
Northern Railway in Section 18, Township 117, Range 23 .
cav:� A
EXHIBIT B
[Attach drawing showing location of the Utility Easement]
k'
�r
5
{
N
Y
r.
k-.
f
5
HCRRA
S"LYR.O.l4!
L/NE OF GREAT NOR INERN RA&WAY ---- —
NORTH
o 40
� O
SCALE IN FEET W
DENOTES UTILITY W
L;J;JEASEMENT I � �
O
� � N
h
_ � O
—'CENTEjr'UNE OF COSHbRELINE D -,o.00
_ Oq0 NO �S RIVE ,
o
a o _
DESCRIPTION OF UTILITY EASEMENT_ Y;„
An easement for utility purposes over,under,and across the north `'i
10.00 feet of the south 43.00 feet of the east 10.00 feet of the following
a described property: _
E The West 100 feet of the East 1705.2 feet of that part of Government
Lot 8 lying North of the center line of County Road No.15 and South of
s
the Southerly right of way line of the Great Northern Railway in Section
18,Township 117,Range 23.
Spring Park Designed: Exhibit Number
P4901 tMAM 5WT Drawn:MFH
Rnf ra
�,4N.Ma ,,I I Street Light Replacement Project (CR15) Approved:MFH Q
M4NAM "Sh1f Bennyhoff Property Initial Issue:04/10/2014 U
Utility Easement Rev..Date: Project No. SPR19544
- - - NORTHERN RAILROAD
( FORMERLY GREAT NORTHERN RAILROAD 1 �-
- SINGLE TRACK
-
LINE OF VACATED GRASS O
N AVENUE {�
EDGE OF BITUMMNOUS S�FACING
P.P.
ELEC.
P. TEL. S 85 351 2.3 u E 2 TEL. RIG(
... 68.29
• 35'23" E...... ":::::, NI
N 00.00'00"E
BITUMNOUS SURFACING 49'IS" W 223-02...... - _ 10.81 -:::: ci J
J�fiJ r C �
NLINK FENC f
L� T�<. O
1 WF_...
T SIDE OF— 431CK-Up
PERTY LINE \ � 1
� 32.75 I St
M/NNETbNKA0 2 OVERHq I I
DR/VE-:IN o O
PICNIC • , N ~�_ ORDERING Q
PAD j ' • .. CONCRETE PEDE AL I (BITUMINOUS SURFACING
L _ I (POOR CONDITIONCANI
)I h
Iw
SIGN 3
Z WEST ►00.00 WE MIDDLE 67.90 _ --- - —
,. �---- _ EAST 100•��
TRAFFIl
C�FLOW DIRECTIONAL
ARROWEXIT EXIT Q SERVING RIP
PEDUTAL (� _
ll r ,
I SIGN
..........a_
I o4 01 u 9 R EN SIGN
DRIVE IO INKA
RION PIPE BARRIER TER DR FENCE ENT R
�� Bs 2$ E"�,Dc,o►�ieti
S y 0REL /NE TATE E�SE�ENT_ -27p.B7