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HomeMy WebLinkAbout05(I) - Resolution Authorizing the Acquisition of a Permanent Roadway, Drainage, and Utility Easement from John Skoglud at 4970 Martindale St NE, Prior Lake, MN 55372 as a part of236837v2 (Reserved for recording) GRANT OF PERMANENT EASEMENT FOR PUBLIC ROADWAY AND PUBLIC DRAINAGE AND UTILITY PURPOSES John Skoglund, a single person ("Grantor"), in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF PRIOR LAKE, a Minnesota municipal corporation the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public roadway and public drainage and utility purposes over, on, across, under and through the land situated in the County of Scott, State of Minnesota, legally described on the attached Exhibit “A” and depicted on the attached Exhibit “B” (the "Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway and public drainage and utility systems over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway and public drainage and utility systems. The above-named Grantor, for himself, his heirs, successors and assigns, does covenant with the City, its successors and assigns, that he is well seized in fee title of the Easement Premises; 236837v2 that he has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Premises; and he will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this _____ day of ______________, 2025. GRANTOR: JOHN SKOGLUND _____________________________________ STATE OF MINNESOTA ) :ss COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by John Skoglund, a single person. _________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 DSK/ais 236837v2 EXHIBIT “A” TO GRANT OF PERMANENT EASEMENT FOR PUBLIC ROADWAY AND PUBLIC DRAINAGE AND UTILITY PURPOSES Legal Description of Easement Premises A perpetual easement for roadway, drainage, and utility purposes over, under and across that part of Lot 15, Block 1, TITUS 1ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota, described as follows: Commencing at the northwest corner of the Northwest Quarter of Section 23, Township 115 North, Range 22 West of the 5th Principal Meridian, said Scott County, Minnesota; thence on an assumed bearing of South 00 degrees 16 minutes 00 seconds West along the west line of said Northwest Quarter, a distance of 1211.04 feet; thence South 89 degrees 44 minutes 00 seconds East, a distance of 2487.35 feet to the point of beginning of the easement to be described; thence North 65 degrees 37 minutes 26 seconds East, a distance of 27.12 feet; thence easterly a distance of 117.23 feet along a non-tangential curve, concave to the south, having a radius of 45.50 feet, a central angle of 147 degrees 37minutes 32 seconds, a chord distance of 87.39 feet, and a chord bearing of North 74 degrees 33 minutes 45 seconds East; thence southeasterly a distance of 1.54 feet along a reverse curve, concave to the northeast, having a radius of 9.50 feet, to the east line of said Lot 15; thence southerly along said east line to the southeast corner of said Lot 15; thence westerly along the south line of said Lot 15 to the intersection with a line bearing South 24 degrees 23 minutes 27 seconds East from said point of beginning; thence North 24 degrees 23 minutes 27 seconds West to said point of beginning. 236837v2 EXHIBIT “B” TO GRANT OF PERMANENT EASEMENT FOR PUBLIC ROADWAY AND PUBLIC DRAINAGE AND UTILITY PURPOSES Depiction of Easement Premises 236837v2 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT FOR PUBLIC ROADWAY AND PUBLIC DRAINAGE AND UTILITY PURPOSES U.S. BANK NATIONAL ASSOCIATION, a national banking association, which holds: 1. A mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for Public Roadway and Public Drainage and Utility Purposes, which mortgage is dated August 22, 2017, filed September 18, 2017, in the Office of the County Recorder/Registrar of Titles, Scott County, Minnesota, as Document No. A10333494 securing the amount of $14,592.00; AND 2. A mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for Public Roadway and Public Drainage and Utility Purposes, which mortgage is dated January 25, 2021, filed February 9, 2021, in the Office of the County Recorder/Registrar of Titles, Scott County, Minnesota, as Document No. A1119152 securing the amount of $355,000.00; AND 3. A mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for Public Roadway and Public Drainage and Utility Purposes, which mortgage is dated May 13, 2021, filed May 26, 2021, in the Office of the County Recorder/Registrar of Titles, Scott County, Minnesota, as Document No. A1129839 securing the amount of $64,824.00; for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent to, and is subject to the foregoing Grant of Permanent Easement for Public Roadway and Drainage and Utility Purposes. [Remainder of page is intentionally left blank. Signature page is to follow.] 236837v2 Dated this _____ day of ____________, 2025. U.S. BANK NATIONAL ASSOCIATION By: _________________________ [print name] Its: ______________________ [title] STATE OF ______________ ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 202__, by ____________, the ______________ of U.S. BANK NATIONAL ASSOCIATION, a national banking association, on behalf of said entity. ________________________________________ NOTARY PUBLIC THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 DSK/ais