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HomeMy WebLinkAboutA1175997 - Grant of Permanent Easement 07.06.2023 Receipt:#727884 A1175997 EAS $46.00 RG-PRIOR LAKE CITY eturn to: I IIIIIII II 4646 DAKOTA ST SE II IIIII IIIII IIIII IIIII I . IIII IIIIIIIIIIIB PRIOR LAKE NIN 55372 Certified Filed and/or recorded on: 7/6/2023 2:41 PM Office of the County Recorder Scott County,Minnesota Julie K-Hanson,County Recorder I i i 3 (reserved for recording information) GRANT OF PERMANENT EASEMENT FIELDSTONE FAMILY HOMES, INC., a Minnesota corporation, hereinafter referred to as"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 sanitary sewer purposes over, across, on, under, and through land situated within the County of Scott, State of Minnesota, as 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 sanitary sewer 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 sanitary sewer easement. 225054v1 The above named Grantor,for itself,its successors and assigns,does covenant with the City, its successors and assigns, that it is well seized in fee title of the above-described Easement Premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Premises;and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF,the Grantor hereto has signed this agreement this day of , 2023. GRANTOR: FIELDSTONE FAMILY H S,INC. By Trent Johns of Executive Officer STATE OF MINNESOTA ) )ss. COUNTY ) The foregoing instrument was acknowledged before me this LZ� day of 2023, by Trent Johnson, the Chief Executive Officer of Fieldstone Family Homes,Inc., a Minnesota corporation, on behalf of the entity. Notary Public r' PATRICIA MARIE ZUZEK y Notary Public-Minnesota_.,. ,w My Commission Expires Jan 31,2023 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 2250541 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT CHOICE FINANCIAL GROUP, a North Dakota banking corporation, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for sanitary sewer purposes,which mortgage was originally in favor of CCM Finance,LLC,dated September 30,2022 and recorded October 5,2022 as Scott County Document No. A1164905; which mortgage was assigned to CCMFI, LLC, a Minnesota limited liability company, pursuant to an Assignment of Mortgage dated September 30, 2022 and recorded November 14, 2022 as Scott County Document No. Al166841; which mortgage was further assigned to Choice Financial Group, a North Dakota banking corporation, pursuant to an Assignment of Mortgage dated September 30,2022 and recorded December 6,2022 as Scott County —_-_—Document`iN6:A11-6i760,for good and-vaivabie-consideratioii;the reeeipt�a�d sufficiency-of-wllich-J------ - = is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. CHOICE FINANCIAL GROUP By: e [print name] Its [title] STATE OF I' !14,e-so 4 ) (ss. COUNTY OF u r The foregoing instrument was acknowledged before me this day of 2023_by D5,_le the S y P of-Choice Financial Group,a North—Dakota banking corporation,on behalf of said entity. Notary Public EOSCOTT BRADLEY SPRENGERNotary Public State of Minnesota Commission Expires January 31,2027 DRAFTED BY: CAMPBELL KNUTsoN,P.A. Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 DSK 225054v1 I EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A 15-foot permanent easement for sanitary sewer purposes over, across, on,under,and through Lot 41 according to the plat of Northwood on file in the office of the County Recorder, Scott County, Minnesota. The center line of said easement is described as follows: Commencing at the most southerly corner of said Lot 41; thence North 51 degrees 57 minutes 07 seconds East, along the southeasterly line of said Lot 41 a distance of 391.64 feet to the point of beginning of the center line to be described; thence North 17 degrees 45 minutes 15 seconds West 53.44 feet more or less to the northwesterly line of said Lot 41 and said center line there terminating. (PIN 251410230/Address: 3124 Butternut Circle NW, Prior Lake, MN) 2250541 EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT 4 � 1� 4 � .�4 � 1 �.4 .4 r' l 1 �r , Vtlp' 9•.r�a9 h 0 L E'pp EgegpBt Sao 1r R y C � F s 3lns aca 1tl�1PsFFP�2�.��� FE41.1 �� �- 225054v1