HomeMy WebLinkAbout5.3c Utility Easement and TE - 20.027.21.43.00111
PERMANENT UTILITY EASEMENT AND
TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES
THIS PERMANENT UTILITY EASEMENT AND TEMPORARY EASEMENT FOR
CONSTRUCTION PURPOSES (“Easement”) is made, granted and conveyed this _____ day of
______________, 2022, by and between the Cottage Grove Economic Development Authority, a
Minnesota public body corporate and politic (“Landowner”), and the City of Cottage Grove, a
Minnesota municipal corporation (“City”). The Landowner in consideration of the sum of One Dollar
and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency
of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and
assigns, this Easement.
PROPERTY DESCRIPTION
Landowner owns real property in Washington County, Minnesota, legally described as follows:
Lot 1, Block 1, Glengrove Industrial Park 5th Addition, Except the South 50 feet, Washington
County, Minnesota.
Abstract Property
PID No. 20.027.21.43.0011
(the “Landowner’s Property”).
PERMANENT EASEMENT DESCRIPTION
Landowner does hereby grant and convey unto the City, its successors and assigns, forever a
permanent nonexclusive easement for underground watermain and above ground valve, hydrant and
control mechanism purposes and all such purposes ancillary, incident or related thereto, including the
installation of any appurtenances and casing pipes related thereto (“Permanent Easement”) under,
over, across, through and upon the real property identified and legally described on Exhibit A and
depicted on Exhibit B (“Permanent Easement Area”), attached hereto and incorporated herein by
reference.
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The Permanent Easement rights granted herein shall include but not be limited to enter upon the
Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction,
inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of this
Easement, maintain the Permanent Easement Area, any City improvements and any underground
pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the
location of such pipes, conduits or mains, remove from the Permanent Easement Area trees, brush,
herbage, aggregate, undergrowth and other obstructions interfering with the location, construction
and maintenance of the pipes, conduits, or mains and to deposit earthen material in and upon the
Permanent Easement Area. Further, the City shall have the right to remove or otherwise dispose of
all earth or other material excavated from the Permanent Easement Area as the City may deem
appropriate.
TEMPORARY EASEMENT DESCRIPTION
Landowner does hereby grant and convey unto the City, its successors and assigns, a temporary
nonexclusive easement for grading, sloping and construction and ingress, egress and access purposes
related to the construction and installation of an underground watermain and above ground valve,
hydrant and/or control mechanism and all such purposes ancillary, incident or related thereto,
including the installation of any appurtenances and casing pipes related thereto (“Temporary
Easement”) under, over, across, through and upon that real property identified and legally described
on Exhibit A and depicted on Exhibit B (“Temporary Easement Area”), attached hereto and
incorporated herein by reference.
The Temporary Easement rights granted herein shall include, but not be limited to, the construction,
maintenance, inspection, repair, replacement, grading, sloping, and restoration relating to any ingress,
egress and access to the Landowner’s Property, and all facilities and improvements ancillary, incident
or related thereto, under, over, across, through and upon the Temporary Easement Area. Further, the
City shall have the right to remove from the Temporary Easement Area trees, brush, herbage,
aggregate, undergrowth and other obstructions interfering with the location, construction,
maintenance or operation of the Temporary Easement Area and to deposit earthen material in and
upon the Temporary Easement Area.
EXEMPT FROM STATE DEED TAX
GENERAL PROVISIONS
1. The City shall not be responsible for any costs, expenses, damages, demands, obligations,
penalties, attorneys’ fees and losses resulting from any claims, actions, suits, or proceedings
based upon a release or threat of release of any hazardous substances, petroleum, pollutants,
and contaminants which may have existed on, or which relate to, the Permanent Easement
Area, Temporary Easement Area or the Landowner’s Property prior to the date hereof.
2. The Temporary Easement shall expire on June 30, 2023.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by Landowner, itself or
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its successors or assigns, shall be subject to any governmental immunity defenses of the City
and the maximum liability limits provided by Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant
with the City, its successors and assigns, that it is well seized in fee of the Landowner’s
Property described above and the Permanent Easement Area and Temporary Easement Area
legally described on Exhibit A and depicted on Exhibit B and that it has good right to grant
and convey the Permanent Easement and Temporary Easement herein to the City.
5. This Easement is binding upon the heirs, successors, executors, administrators and assigns of
the parties hereto.
6. This Easement may be executed in any number of counterparts, each of which shall be deemed
an original but all of which shall constitute one and the same instrument.
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IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
LANDOWNER:
COTTAGE GROVE ECONOMIC
DEVELOPMENT AUTHORITY
By
Myron Bailey
Its President
By
Jennifer Levitt
Its Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument as acknowledged before me this _____ day of
___________________________, 2022, by Myron Bailey and Jennifer Levitt, the President and
Executive Director respectively, of the Cottage Grove Economic Development Authority, a
Minnesota public body corporate and politic, on behalf of the EDA.
Notary Public
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CITY:
CITY OF COTTAGE GROVE
By:
Myron Bailey
Mayor
By:
Joseph Fischbach
City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2022, before me a Notary Public within and for
said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and the City
Clerk of the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing
instrument, and that it was signed on behalf of said municipal corporation by authority of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said municipal corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING PLEASE RETURN TO:
Korine Land, #262432
LeVander, Gillen, & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
(651) 451-1831
A-1
EXHIBIT A
LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA
AND TEMPORARY EASEMENT AREA
PERMANENT EASEMENT AREA:
A permanent easement for utility purposes over, under and across that part of Lot 1, Block 1,
GLENGROVE INDUSTRIAL PARK 5TH ADDITION, Washington County, Minnesota,
described as follows:
Commencing at the northwest corner of said Lot 1; thence North 89 degrees 48 minutes 39 seconds
East, assumed bearing along the north line of said Lot 1, a distance of 80.00 feet to the east line of
the West 80.00 feet of said Lot 1, and said point being the point of beginning of the easement to
be described; thence South 00 degrees 07 minutes 30 seconds West along said east line of the West
80.00 feet, a distance of 328.64 feet to the north line of the South 50.00 feet of said Lot 1; thence
North 89 degrees 48 minutes 39 seconds East along said north line of the South 50.00 feet thereof,
a distance of 345.17 feet to the southeast line of said Lot 1; thence northeasterly 20.42 feet along
said southeast line of Lot 1 to the north line of the South 70.00 feet of said Lot 1; thence South 89
degrees 48 minutes 39 seconds West along said north line of the South 70.00 feet a distance of
329.18 feet to the east line of the West 100.00 feet of said Lot 1; thence North 00 degrees 07
minutes 30 seconds East along said east line of the West 100.00 feet, a distance of 308.64 feet to
said north line of said Lot 1; thence westerly 20.00 feet along said north line of Lot 1 to the point
of beginning.
TEMPORARY EASEMENT AREA:
A temporary easement for construction purposes over, under, and across that part of Lot 1, Block
1, GLENGROVE INDUSTRIAL PARK 5TH ADDITION, according to the recorded plat thereof,
Washington County, Minnesota, said easement is bound on the west by a line drawn 100.00 feet
east of the west line of said Lot 1 and is bound on the south by a line drawn 70.00 feet north of the
south line of said Lot 1.
B-1
EXHIBIT B
DEPICTION OF PERMANENT EASEMENT AREA
AND TEMPORARY EASEMENT AREA