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DRAINAGE AND UTILITY EASEMENT
THIS INSTRUMENT is made by Durow Family Lake Elmo Property, LLC, a Minnesota
limited liability company, Grantor, in favor of the City of Lake Elmo, Grantee (the “City”).
Recitals
A. Grantor is the fee owner of the property located in Washington County Minnesota (the
“Property”) which is legally described on Exhibit A attached hereto.
B. Grantor desires to grant to the City an easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the City a perpetual, non-exclusive drainage and utility
easement over, under, and across the portion of the Property described on Exhibit B and depicted
on Exhibit C attached hereto.
2. Scope of Easement. The perpetual, non-exclusive drainage and utility easement granted
herein includes the right of the City, its contractors, agents, and employees to enter the premises
at all reasonable times for the purpose of locating, constructing, reconstructing, operating,
maintaining, inspecting, altering, and repairing the utilities, drainage ways, and stormwater
facilities in the described easement area.
The easement granted herein also includes the right to cut, trim, or remove from the
easement area such improvements, trees, shrubs, or other vegetation, and to prohibit obstructions
and grading alterations as in the City’s commercially reasonable judgment unreasonably interfere
with the easement or the function of the facilities located therein. The City agrees to defend and
indemnify the Grantor from and against any and all claims (including but not limited to
2
attorneys’ fees and costs) arising from or relating to the City’s use, operation, control and/or
maintenance of the easement area and the rights hereunder. In the event that a private or quasi-
public utility located within the easement area is required by the City or another local
government unit to relocate any of its infrastructure, utilities, or facilities due to its interference
with a present or future local government use of the easement area for a public project, the public
health or safety, or the safety and convenience of travel over the easement area, the relocation
costs of the private or quasi-public utility shall be the responsibility of utility in accordance with
Minnesota Rules Part 7819.3100.
3. Environmental Matters. The City shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses
resulting from any claims, actions, suits, or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the easement area or Property prior to the date of this instrument.
4. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its successors and assigns.
3
Dated this ____ day of ______________, 2019.
DUROW FAMILY LAKE ELMO PROPERTY, LLC
By:
Its: ___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of _________,
2019 by ____________________________, the ___________________________ of Durow
Family Lake Elmo Property, LLC, a Minnesota limited liability company, on behalf of the
company, Grantor.
______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (SJS)
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
A-1
EXHIBIT A
Legal Description of the Property
.
B-1
EXHIBIT B
Legal Description of the Easement Area
That part of the West Half of the Southwest Quarter of Section 35, Township 29 North, Range
21 West, Washington County Minnesota, less parcels 1 & 2, described as follows:
Commencing at Right of Way Boundary Corner B301 as shown on Minnesota Department of
Transportation Right of Way Plat No. 82-44 as the same is on file and of record in the office of
the County Recorder in and for Washington County, Minnesota; thence South 89 degrees 56
minutes 46 seconds East, along the boundary of said plat, 137.89 feet to the east line of
Washington County Highway Right of Way Plat No. 48-19 B as the same is on file and of record
in the office of the County Recorder in and for Washington County, Minnesota; thence North 00
degrees 03 minutes 25 seconds East, along said east line a distance of 10.02 to the point of
beginning; thence North 89 degrees 40 minutes 33 seconds East, a distance of 24.85 feet; thence
easterly for 140.64 feet on a tangential curve, concave to the south, having a radius of 569.61
feet and a delta angle of 14 degrees 08 minutes 49 seconds; thence southeasterly for 25.00 feet
on a tangential curve, concave to the southwest, having a radius of 113.00 feet, a delta angle of
12 degrees 40 minutes 50 seconds; thence southeasterly for 36.40 feet along a tangential curve,
concave to the southwest, having a radius of 554.89 feet, and a delta angle of 03 degrees 45
minutes 30 seconds to the plat boundary of said Minnesota Department of Transportation Right
of Way Plat No. 82-44; thence southeasterly along said plat boundary for 150.97 feet on a non-
tangential curve, concave to the southwest, having a radius of 548.22 feet, a delta angle of 15
degrees 46 minutes 42 seconds and a chord that bears South 62 degrees 23 minutes 49 seconds
East; thence North 35 degrees 29 minutes 32 seconds East, a distance of 182.00 feet; thence
northwesterly for 140.63 feet on a non-tangential curve concave to the southwest, having a radius
of 730.22 feet, a delta angle of 08 degrees 12 minutes 36 seconds and a chord that bears 58
degrees 36 minutes 46 seconds West; thence South 27 degrees 16 minutes 57 seconds West, a
distance of 20.00 feet; thence northwesterly for 254.02 feet on a non-tangential curve, concave to
the southwest, having a radius of 710.22 feet, a delta angle of 20 degrees 29 minutes 34 seconds
and a chord that bears North 72 degrees 57 minutes 50 seconds West; thence South 06 degrees
47 minutes 23 seconds West, a distance of 37.00 feet; thence westerly for 79.15 along a non-
tangential curve concave to the south, having a radius of 673.22 feet, a delta angle of 06 degrees
44 minutes 09 seconds and a chord that bears North 86 degrees 34 minutes 42 seconds West;
thence North 89 degrees 56 minutes 46 seconds West, a distance of 35.20 feet to said east line of
Washington County Highway Right of Way Plat No. 48-19 B; thence South 00 degrees 03
minutes 25 seconds West, along said east line, a distance of 114.92 feet to the point of beginning.
Containing 64,588 square feet, more or less
C-1
EXHIBIT C
Depiction of the Easement Area
RIGHT-OF-WAY EASEMENT
THIS INSTRUMENT is made by Durow Family Lake Elmo Property, LLC, a Minnesota
limited liability company, Grantor, in favor of the City of Lake Elmo, Minnesota, a municipal
corporation under the laws of the State of Minnesota, Grantee (the “City”).
Recitals
A. Grantor is the fee owner of property in Washington County, Minnesota, legally described on
the attached Exhibit A (the “Property”).
B. Grantor desires to grant to the City a non-exclusive permanent right-of-way easement,
according to the terms and conditions contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is hereby
acknowledged by Grantor, Grantor grants and conveys to the City a permanent, non-exclusive
easement for public right-of-way purposes over, under, across, and through that part of the
Property legally described on Exhibit B and shown on the map attached as Exhibit C (the
“Easement Area”).
2. Scope of Easement. The above-described right-of-way easement includes the rights of
the City, its contractors, agents, and employees to do whatever commercially reasonable and
necessary for enjoyment of the rights granted herein to use the Easement Area for a public road,
drainage and utility and related purposes including the right to enter the Easement Area for
purposes of constructing, operating, maintaining, altering, grading, repairing, replacing, or
removing a road, sanitary sewer, storm sewer, watermain or other public improvements,
including but not limited to, the right itself, or to allow public or private utility companies, to
place, maintain, improve, repair, replace, and remove utilities and related facilities within the
Easement Area, and the rights to cut, trim, or remove trees, shrubs, or other vegetation existing
within the Easement Area, and to prohibit obstructions and grading alterations now or in the
future as in City’s judgment unreasonably interfere with the use or maintenance of the Easement
Area. The City agrees to defend and indemnify the Grantor from and against any and all claims
(including but not limited to attorneys’ fees and costs) arising from or relating to the City’s use,
operation, control and/or maintenance of the Easement Area and the rights hereunder. In the
event that a private or quasi-public utility located within the easement area is required by the
City or another local government unit to relocate any of its infrastructure, utilities, or facilities
due to its interference with a present or future local government use of the easement area for a
public project, the public health or safety, or the safety and convenience of travel over the
easement area, the relocation costs of the private or quasi-public utility shall be the responsibility
of utility in accordance with Minnesota Rules Part 7819.3100.
3. Environmental Matters. The City shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses
resulting from any claims, actions, suits, or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the Easement Area or the Property prior to the date of this instrument.
4. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on Grantor, Grantor’s successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of ______________, 2019.
DUROW FAMILY LAKE ELMO PROPERTY, LLC
By:
Its: ___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of _________,
2019 by ____________________________, the ___________________________ of Durow
Family Lake Elmo Property, LLC, a Minnesota limited liability company, on behalf of the
company, Grantor.
______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY AND SHOULD BE RETURNED TO:
Kennedy & Graven, Chartered (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
EXHIBIT A
Legal Description of the Property
EXHIBIT B
Legal Description of the Easement Area
That part of the West Half of the Southwest Quarter of Section 35, Township 29 North, Range
21 West, Washington County Minnesota, less parcels 1 & 2, described as follows:
Commencing at Right of Way Boundary Corner B301 as shown on Minnesota Department of
Transportation Right of Way Plat No. 82-44 as the same is on file and of record in the office of
the County Recorder in and for Washington County, Minnesota; thence South 89 degrees 56
minutes 46 seconds East, along the boundary of said plat, 137.89 feet to the east line of
Washington County Highway Right of Way Plat No. 48-19 B as the same is on file and of record
in the office of the County Recorder in and for Washington County, Minnesota and to the point
of beginning; thence continuing South 89 degrees 56 minutes 46 seconds East, a distance of
35.21 feet to Right of way Boundary Corner B2 as shown on Minnesota Department of
Transportation Right of Way Plat No. 82-44; thence southeasterly along said plat boundary for
188.11 feet on a tangential curve, concave to the southwest, having a radius of 548.22 feet and a
delta angle of 19 degrees 39 minutes 37 seconds; thence northwesterly for 36.40 feet on a non-
tangential curve, concave to the southwest, having a radius of 554.89 feet and a delta angle of 03
degrees 45 minutes 30 seconds and a chord that bears North 61 degrees 37 minutes 02 seconds
West; thence northwesterly for 25.00 feet along a tangential curve concave to the southwest,
having a radius of 113.00 feet, a delta angle of 12 degrees 40 minutes 50 seconds; thence
westerly for 140.64 feet along a tangential curve, concave to the south, having a radius of 569.61
feet, a delta angle of 14 degrees 08 minutes 49 seconds, thence South 89 degrees 40 minutes 33
seconds West, a distance of 24.85 feet to said east line of Washington County Highway Right of
Way Plat No. 48-19 B; thence South 00 degrees 03 minutes 25 seconds West, along said east
line, a distance of 10.08 feet to the point of beginning.
Containing 1916 square feet, more or less
EXHIBIT C
Depiction of the Easement Area
1
TEMPORARY CONSTRUCTION EASEMENT
THIS INSTRUMENT is made by Durow Family Lake Elmo Property, LLC, a Minnesota
limited liability company, Grantor, in favor of the City of Lake Elmo, Grantee (the “City”).
Recitals
A. Grantor is the fee owner of the following described property in Washington County,
Minnesota:
(the “Property”).
B. Grantor is willing to grant to the City a temporary construction easement, according to the
terms and conditions contained herein.
2
Terms of Temporary Construction Easement
1. Grant of Temporary Construction Easement. For good and valuable consideration, receipt
of which is acknowledged by Grantor, Grantor grants and conveys to the City the following
temporary construction easement which is legally described on Exhibit A and depicted on Exhibit B
attached hereto (the “Easement Area”).
2. Scope of Easement. The above-described easement includes the rights of the City, its
contractors, agents, and employees to enter the Easement Area at all reasonable times for the
purposes of constructing roadway, grading, and drainage and utility improvements on the
Property (the “Work”).
The temporary easement granted herein also includes the right to cut, trim, or remove any
landscaping, improvements, or vegetation within the Easement Area that in the City’s judgment
unreasonably interferes with the Work. The City will restore the vegetation and landscaping that
is within the Easement Area to the condition that it was in prior to the Work being performed.
Restoration will be completed no later than expiration date of this easement.
Grantor will not erect, construct, or create any building, improvement, obstruction or
structure of any kind within the Easement Area during the term of this easement, either above or
below the surface or change the grade thereof without the express written permission of the City.
3. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on Grantor and its successors and assigns.
4. Environmental Matters. The City shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses
resulting from any claims, actions, suits, or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate
to, the Easement Area or the Property prior to the date of this instrument.
5. Term. The easement granted herein shall expire and be of no further force or effect on July
1, 2020.
6. Indemnification. The City agrees to defend and indemnify the Grantor from and against any
and all claims (including, but not limited to, attorneys’ fees and costs) arising from or relating to the
Work and the City’s use, operation, control and/or maintenance of the Easement Area and the rights
hereunder.
STATE DEED TAX DUE HEREON: NONE
3
Dated this ____ day of ____________, 2019.
GRANTOR
DUROW FAMILY LAKE ELMO
PROPERTY, LLC
By: ________________________________
Its: ________________________________
STATE OF MINNESOTA
COUNTY OF ________
}
ss.
The foregoing instrument was acknowledged before me this ____ day of ____________,
2019, by _________________, the _________________ of Durow Family Lake Elmo Property,
LLC, a Minnesota limited liability company, Grantor on behalf of the company.
__________________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
560007v1 MCH LA515-1 A-1
EXHIBIT A TO
TEMPORARY CONSTRUCTION EASEMENT
Legal Description of the Easement Area
A temporary construction easement for roadway, grading, drainage and utility purposes in the
West Half of the Southwest Quarter of Section 35, Township 29 North, Range 21 West,
Washington County Minnesota, less parcels 1 & 2, said easement described as follows:
Commencing at Right of Way Boundary Corner B301 as shown on Minnesota Department of
Transportation Right of Way Plat No. 82-44 as the same is on file and of record in the office of
the County Recorder in and for Washington County, Minnesota; thence South 89 degrees 56
minutes 46 seconds East, along the boundary of said plat, 137.89 feet to the east line of
Washington County Highway Right of Way Plat No. 48-19 B as the same is on file and of record
in the office of the County Recorder in and for Washington County, Minnesota and to the point
of beginning; thence continuing South 89 degrees 56 minutes 46 seconds East, a distance of
35.21 feet to Right of way Boundary Corner B2 as shown on Minnesota Department of
Transportation Right of Way Plat No. 82-44; thence southeasterly along said plat boundary for
489.90 feet on a tangential curve, concave to the southwest, having a radius of 548.22 feet and a
delta angle of 51 degrees 12 minutes 02 seconds to Right of way Boundary Corner B3 of said
plat; thence continuing along said plat boundary South 38 degrees 44 minutes 45 seconds East, a
distance of 372.00 feet; thence North 51 degrees 15 minutes 15 seconds East, a distance of 16.14
feet; thence North 38 degrees 44 minutes 45 seconds West, a distance of 57.95 feet; thence North
30 degrees 04 minutes 37 seconds West, a distance of 211.37 feet; thence North 38 degrees 44
minutes 45 seconds West, a distance of 105.09 feet; thence northwesterly for 159.02 feet on a
tangential curve, concave to the southwest, having a radius of 596.22 feet and a delta angle of 15
degrees 16 minutes 53 seconds; thence North 35 degrees 29 minutes 32 seconds East, a distance
of 139.00 feet; thence northwesterly for 115.35 feet along a non-tangential curve concave to the
southwest, having a radius of 735.22 feet, a delta angle of 08 degrees 59 minutes 21 seconds and
a chord that bears North 58 degrees 36 minutes 46 seconds West; thence South 27 degrees 16
minutes 57 seconds West, a distance of 20.00 feet; thence northwesterly for 255.81 feet along a
non-tangential curve, concave to the southwest, having a radius of 715.22 feet, a delta angle of
20 degrees 29 minutes 34 seconds and a chord that bears North 73 degrees 21 minutes 52
seconds West, thence South 06 degrees 47 minutes 29 seconds West, a distance of 20.17 feet;
thence westerly for 77.07 feet on a non-tangential curve, concave to the south, having a radius of
678.22 feet, a delta angle of 06 degrees 30 minutes 39 seconds and a chord that bears North 86
degrees 43 minutes 10 seconds West; thence North 89 degrees 56 minutes 35 seconds West, a
distance of 34.85 feet to said east line of Washington County Highway Right of Way Plat No.
48-19 B; thence South 00 degrees 03 minutes 25 seconds West, along said east line, a distance of
146.94 feet to the point of beginning.
Except that part described as follows:
Commencing at Right of Way Boundary Corner B301 as shown on Minnesota Department of
Transportation Right of Way Plat No. 82-44 as the same is on file and of record in the office of
the County Recorder in and for Washington County, Minnesota; thence South 89 degrees 56
minutes 46 seconds East, along the boundary of said plat, 137.89 feet to the east line of
Washington County Highway Right of Way Plat No. 48-19 B as the same is on file and of record
2
in the office of the County Recorder in and for Washington County, Minnesota and to the point
of beginning; thence continuing South 89 degrees 56 minutes 46 seconds East, a distance of
35.21 feet to Right of way Boundary Corner B2 as shown on Minnesota Department of
Transportation Right of Way Plat No. 82-44; thence southeasterly along said plat boundary for
188.11 feet on a tangential curve, concave to the southwest, having a radius of 548.22 feet and a
delta angle of 19 degrees 39 minutes 37 seconds; thence northwesterly for 36.40 feet on a non-
tangential curve, concave to the southwest, having a radius of 554.89 feet and a delta angle of 03
degrees 45 minutes 30 seconds and a chord that bears North 61 degrees 37 minutes 02 seconds
West; thence northwesterly for 25.00 feet along a tangential curve concave to the southwest,
having a radius of 113.00 feet, a delta angle of 12 degrees 40 minutes 50 seconds; thence
westerly for 140.64 feet along a tangential curve, concave to the south, having a radius of 569.61
feet, a delta angle of 14 degrees 08 minutes 49 seconds, thence South 89 degrees 40 minutes 33
seconds West, a distance of 24.85 feet to said east line of Washington County Highway Right of
Way Plat No. 48-19 B; thence South 00 degrees 03 minutes 25 seconds West, along said east
line, a distance of 10.08 feet to the point of beginning.
AND Except that part described as follows:
Commencing at Right of Way Boundary Corner B301 as shown on Minnesota Department of
Transportation Right of Way Plat No. 82-44 as the same is on file and of record in the office of
the County Recorder in and for Washington County, Minnesota; thence South 89 degrees 56
minutes 46 seconds East, along the boundary of said plat, 137.89 feet to the east line of
Washington County Highway Right of Way Plat No. 48-19 B as the same is on file and of record
in the office of the County Recorder in and for Washington County, Minnesota; thence North 00
degrees 03 minutes 25 seconds East, along said east line a distance of 10.02 to the point of
beginning; thence North 89 degrees 40 minutes 33 seconds East, a distance of 24.85 feet; thence
easterly for 140.64 feet on a tangential curve, concave to the south, having a radius of 569.61
feet and a delta angle of 14 degrees 08 minutes 49 seconds; thence southeasterly for 25.00 feet
on a tangential curve, concave to the southwest, having a radius of 113.00 feet, a delta angle of
12 degrees 40 minutes 50 seconds; thence southeasterly for 36.40 feet along a tangential curve,
concave to the southwest, having a radius of 554.89 feet, and a delta angle of 03 degrees 45
minutes 30 seconds to the plat boundary of said Minnesota Department of Transportation Right
of Way Plat No. 82-44; thence southeasterly along said plat boundary for 150.97 feet on a non-
tangential curve, concave to the southwest, having a radius of 548.22 feet, a delta angle of 15
degrees 46 minutes 42 seconds and a chord that bears South 62 degrees 23 minutes 49 seconds
East; thence North 35 degrees 29 minutes 32 seconds East, a distance of 182.00 feet; thence
northwesterly for 140.63 feet on a non-tangential curve concave to the southwest, having a radius
of 730.22 feet, a delta angle of 08 degrees 12 minutes 36 seconds and a chord that bears 58
degrees 36 minutes 46 seconds West; thence South 27 degrees 16 minutes 57 seconds West, a
distance of 20.00 feet; thence northwesterly for 254.02 feet on a non-tangential curve, concave to
the southwest, having a radius of 710.22 feet, a delta angle of 20 degrees 29 minutes 34 seconds
and a chord that bears North 72 degrees 57 minutes 50 seconds West; thence South 06 degrees
47 minutes 23 seconds West, a distance of 37.00 feet; thence westerly for 79.15 along a non-
tangential curve concave to the south, having a radius of 673.22 feet, a delta angle of 06 degrees
44 minutes 09 seconds and a chord that bears North 86 degrees 34 minutes 42 seconds West;
thence North 89 degrees 56 minutes 46 seconds West, a distance of 35.20 feet to said east line of
3
Washington County Highway Right of Way Plat No. 48-19 B; thence South 00 degrees 03
minutes 25 seconds West, along said east line, a distance of 114.92 feet to the point of beginning.
Containing 25,465 square feet, more or less
560007v1 MCH LA515-1 B-1
EXHIBIT B TO
TEMPORARY CONSTRUCTION EASEMENT
Depiction of the Easement Area
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the laws of the State of Minnesota.
that I am a duly Licensed Professional Engineer under
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I hereby certify that this plan, specification, or report
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