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HomeMy WebLinkAboutEasement - Leira Properties Whitney_Recorded ti Receipt: # 599986 A1052233 EAS $46 .00 Return to., G-PRIOR LAKE CITY 646 DAKOTA ST SE I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 8/ 15/2018 4 : 06 PM Office of the County Recorder Scott County , Minnesota Julie K. Hanson, County Recorder PERMANENT EASEMENT Leira Properties, LLC, a Minnesota limited liability company ("Grantor") hereby grants and conveys this /.3 day of July, 2018 to the City of Prior Lake, a municipal corporation organized under the laws of the State of Minnesota ("Grantee") a 100 foot wide permanent easement ("Easement") as depicted on attached Exhibit B ("Easement Parcel") for the following uses and purposes and subject to the following terms and conditions on, over, under and across a portion of the real property in the County of Scott, State of Minnesota legally described on attached Exhibit A ("Parcel") . 1 . Uses and Purposes. The Easement shall be for right-of--way, drainage and utility purposes . Grantor hereby conveys all grasses, shrubs, trees and natural growth on the Easement Parcel. Grantee shall have the right to use and remove all earthen materials, structures, improvements and obstructions which lie within the boundaries of the Easement Parcel, including the right of clearing the Easement Parcel to allow for the use of the land as stated herein. The Easement includes the right of the Grantee, its contractors, agents, and employees to enter the Easement Parcel at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the Easement Parcel public right-of--way, drainage and utilities or other public facilities or improvements of any type that are not inconsistent with right-of-way, drainage and utility use . The Easement also includes the right to cut, trim, or remove fi om the Easement Parcel trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the Easement or facilities of the Grantee, its successors or assigns . 2. Nonexclusive. The Easement shall be nonexclusive; provided, however, this Easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee . r 3 . Duration of Easement. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns . WITNESS WHEREOF , Grantor has caused these presents to be executed as of the day and year aforesaid . LEIRA PROPERTIES, LLC dt03��aj Bypose h Wingy Its . Ow� c . STATE OF MINNESOTA ) ) ss . COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this 1j day of July, 2018 by Joseph Whitney, the (`� w�e� r� of Leira Properties, LLC a Minnesota limited liability company on behalf of the company. AMAK A K SCHWABE NOTARY PUBLIC J MINNESOTA Notary Public Ab 0Nvnb be E*W Jae. 31, 2020 Drafted By. Hoff Barry, P .A. 775 Prairie Center Drive, Suite 160 Eden Prairie, MN 55344 f 1 EXHIBIT A Legal Description of Parcel The West 919 . 00 feet (as measured at right angles) of that part of the North half of the Northwest Quarter (N 1/2 of NW 1/4) of Section 7 , Township 114, Range 21 , Scott County, Minnesota, lying North of the Northerly right of way line of the Chicago, Milwaukee and St. Paul Railway Company, Scott County, Minnesota. (PID 049070010) EXHIBIT B Easement Parcel f 17 r 87 At 1 Lm lip f , ` n