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HomeMy WebLinkAboutResolution - 77-151 - Approving Easement - 11/15/1977 November 15, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-15-1- BE IT RESOLVED that the easement attached hereto as Exhibit A is hereby approved and the Mayor and Manager are herein authorized to execute same. APPROVED by the Eden Prairie City Council on the 15th day of November, 1977. olfg Penzel, Mayor ATTEST: SEAL • 'T D. Frand, Clerk 2. GRANTOR dr.,�._hereby cc.,-- ,:,nt thLl CR-LNTI CI: J!<v. d ir, f.t of:he premises above described and has legal title thereto and has the right,without restriction,to execute and deliver this instrument. 3. GRANTOR agrees that the premises shall not be encroached upon by filling,excava- tion,erection of buildings or permanent enclosures which would interfere with the gas facilities Iocated therein or which would otherwise obstruct access thereto in any manner whatsoever;provided,however,that GRANTOR shall have the right to use the surface of the premises for gardens,shrubs,landscaping,curbing,gutters,sidewalks and paving,provided that such use by GRANTOR'does not interfere with the rights given by GRANTOR to GRANTEE to use the premises for the purposes herein expre;:sed. 4. In the event that use of the gas facilities is at any time discontinued by GRANTEE, GRANTEE shall have the right,but not the duty,to enter upon the premises and remove all or any portion of the gas facilities which have been placed on the premises by GRANTEE. 5. The terms and provisions of this instrument shall run with the premises and with the land appurtenant thereto and shall extend to and be binding upon GRANTOR,GRANTOR'S heirs,personal representatives,successors,and assigns. City of Eden Prairie, a Minnesota Political Subdivision and Munici al • Corporat' It a or ,�/ • Its MaWager STATE OF MINNESOTA ) ss. COUNTY OF r ) The foregoing instrument was acknowledged before me this day of ,19 , by Notary Public County,Minnesota My commission expires: • STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 40 The foregoing instrument v:as acknowledged before me this 7th day of December ,19 77 Wolfgang H. Penzel, Mayor and by-ogees' ______of City of Fden Prairie. act--Gity-i.�"'��e� `�.. a Minnesota Political Subdivision a Municipal corporation,on behalf of the corporation. LC' � Notar}' ublic County,Minnesota My commissi n expires: 40 ' EUGENE E. SCHURMAN N07ARY Fugue. County.Minn. My Cs�nmisafoR t rpltq Ap.!. 1979 I I11S ANSI Rt`MEN 1 NV-kS DRAFTED BY MINNESOTA GAS COMPANY,733 MARQUETTE AVE.,?�II;ti\E.%-POLIS,\i1,\NE`•OTA 55402 Fozm 27 EASEMENT -1 TO MIIN'ESOTA GAS COAMPANFY • THIS INDENTURE,made this 7th day of December , 1977 , by and between City of Eden Prairie, a Minnesota Political Subdivision and Municipal Corporation of the County of Hennepin State of Minnesota , hereinafter called"GRANTOR,"and Minnesota Gas Company,a Delaware corporation,hereinafter called "GRANTEE." 1. GRANTOR,in consideration of the sum of One Dollar($1.00)and other good and valuable consideration to GRANTOR in hand paid by GRANTEE,the receipt of which is hereby acknowledged, does hereby grant to GRANTEE,its successors and assigns,forever,the perpetual right and easement at all times to construct,operate,maintain,alter,replace and remove gas transmission and/or distribution pipelines,and pipe- line facilities(hereinafter called"gas facilities")in,under and upon the following described premises in the City of Eden Prairie ,County of Hennepin . State of Minnesota: A strip of land 15 feet in width in, under and upon part of Lot 1, Block 1, Leona Addition, according to the recorded plat thereof, the center line of said 15 foot strip of land being described as follows; Commencing at the Southwest corner of said Lot 1, Block 1; thence East along the South line thereof a distance of 15 feet; thence Northeasterly, deflecting to the left 4.5 degrees, a distance of 20 feet; thence Northwesterly, deflecting to the left 90 degrees, a distance of 22 feet and there terminating as shown on the attached plat which is hereby incorporated by reference and made a part hereof.The aforesaid grant of easement shall include the right to GRANTEE to use GRANTOR'S abutting property for the purpose of access to the premises with the pri�Zlege of temporarily placing tools,equipment,material and dirt thereon for the purposes hereinbefore expressed. r•vin 2?