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Easement - Just Development - 4349 Warren Avenue - 10/4/2023 MAY 0 1 REC 1 Doc No T05166021 Certified, filed and/or recorded on Apr 22, 2014 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1103412M Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 PID(s) 18-117-23-34-0005 Existing Certs New Certs 1149722 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 Just, Officer of Just Property Development, LLC 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 Just on December 2, 2013. In witness whereof I have hereunto set my hand and seal this 21 st day of April, 2014. Wendy Lewipj City Clerk . r EASEMENT AGREEMENT THIS AGREEMENT is made and entered into as of this 2nd day of August, 2013 by and between 0r^`L jcI i)t sf , an officer of Just Property Development, LLC (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 nature (signature) THE STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,1 leu , 2013 by e qua , f'r-0-si hKtoffimp of Just Property Development, LLC. M ' SHARON LAENA FARNIOK d" NOTARY PUBLIC-MINNES07A �fM Any Cowin Expires Jan.31,2615 Notary P lic STAMP/SEAL 2 r. EXHIBIT A FPar 1: Commencing at point of intersection of Southerly line of Warren Avenue, as now shown of record, and a line which is parallel with the East line of Government Lot 8 and distant 553.65 feet West of said East line of Government Lot 8; thence South along said parallel line to the Northerly boundary line of County Road #7, as now located and constructed, thence Westerly along the Northerly boundary line of County Road#7 a distance of 171.25 feet, thence North to a point on the Southerly line of Warren Avenue 167.15 feet West of the point of beginning measured along said Southerly line of Warren Avenue, thence Easterly along said Southerly line of Warren Avenue to the Point of beginning, being a part of Government Lot 8, Section 18, Township 117, Range 23 West. Par 2: That part of vacated Warren Avenue adjoining Block 12, dedicated in Townsite of Langdon Park, lying within the following described tract of land: Beginning at the intersection of the Southerly line of said vacated Warren Avenue and a line which is parallel with and 553.65 feet West of the East line of Government Lot 8, Section 18, Township 117, Range 23; thence South along said parallel line to the Northerly right-of-way line of County Road No. 15, formerly County Road No. 7; thence Westerly along said Northerly right-of-way line a distance of 171.25 feet; thence North, passing through a point on the Southerly line of said vacated Warren Avenue distant 167.15 feet Westerly along said Southerly line from the point of beginning to the Southerly right-of-way line of Burlington Northern, Inc.; thence Easterly along said Southerly right-of-way line to a line drawn North, parallel with the East line of said Government Lot 8, from the point of beginning; thence South along said parallel line to the point of beginning. I�'- 117- 6065 DESCRIPTION OF UTILITY EASEMENT HCRR An easement for utility purposes over,under,and across the north A 10.00 feet of the south 25.00 feet of the west 10.00 feet of the following `; described property: - - � �A I Commencing at point of intersection of Southerly line of Warren , Avenue,as now shown of record,and a line which is parallel with the East line of Government Lot 8 and distant 553.65 feet West of said —SLY R.O.W. L/NE OF BURL/NCTON East line of Government Lot 8;thence South along said parallel line NOR7NERN RAILWAY to the Northerly boundary line of County Road#7,as now located _ and constructed,thence Westerly along the Northerly boundary line of County Road#7 a distance of 171.25 feet,thence North to a point " on the Southerly line of Warren Avenue 167.15 feet West of the point of beginning measured along said Southerly line of Warren Avenue,thence Easterly along said Southerly line of Warren Avenue WARREN W LLNE 0, VACAIEO to the Point of beginning, being a part of Government Lot 8,Section APENUE 18,Township 117,Range 23 West; AND °0 h O That part of vacated Warren Avenue adjoining Block 12,dedicated in Townsite of Langdon Park,lying within the following described tract o W o of land: Beginning at the intersection of the Southerly line of said o � " vacated Warren Avenue and a line which is parallel with and 553.65 � o feet West of the East line of Government Lot 8,Section 18,Township W 117,Range 23;thence South along said parallel line to the Northerly \ 10.00- 121 right-of-way line of County Road No. 15,formerly County Road No. 7;thence Westerly along said Northerly right-of-way line a distance N h of 171.25 feet;thence North, passing through a point on the NQ yR i Southerly line of said vacated Warren Avenue distant 167.15 feet �oUryTy q�NF x Westerly along said Southerly line from the point of beginning to the \ Ro Noo,� ' Southerly right-of-way line of Burlington Northern, Inc.;thence Sh �S z Easterly along said Southerly right-of-way line to a line drawn North, �. �RF�INE parallel with the East line of said Government Lot 8,from the point to '' •", QR/1 , of beginning;thence South along said parallel line to the point of V� beginning. D NORTH 4\��y;� E \by e SCALE IN FEET \ r -1 DENOTES UTILITY L_J EASEMENT a' ALL 14800 2W Ave.K Ste 140 Spring Park Designed: Exhibit Number �� PymWN,Minnesota none Drawn: d: ren „�,,,B,�1e re�cr�na Street Light Replacement Project (CR15) Approved:MFH B f1M)47s.8W famimee Just Property Initial Issue:04/10/2014I Ilf www.mfm.com Rev.: ncal�nnnv Utility Easement Date: Project No. SPR19544 1 S.. tj .1 - W, ' el �• vo ••O 1 1 J - sqb v Q !r 4 .�E