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2002-05-23 Easements ~ . 4 f'H . A Iso licenstid in lllinois Attorneys at Law 705 Central A venue East PO Box 369 St. Michael, MN 55376-{)369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacanhur@pobox. com RECEIVED 2 8 2002 Michael C. Couri. Andrew}. MacATthur Robert T. Ruppe.. David R. Wendoif COURl & MACARTHUR .. Also licmstld in Calij:>mio May 23,2002 Pete Carlson Short Elliott Hendrickson, Inc. 1200 25th Avenue South P.O. Box 1717 S1. Cloud, MN 56302-1717 Re: City of Albertville - Easements Dear Pete: Enclosed please fmd temporary and permanent easements for the following properties: 1. Kollville Homeowner Association; 2. Pilot Land Development Company; 3. Progressive Builders Systems; and 4. Wellerson, LLP. Please note that there is also a temporary and permanent easement for Dennis and Judy Havel. They are the sellers of the property to Progressive Builder Systems, under a Contract for Deed. The address we have for Dennis and Judy Havel is 10415 Cain Road, Rogers, MN 55374. If you have any questions, please do not hesitate to call. Thank you. Sincerely, ~;?};;~J ( ,~ Michael C. Couri Couri & MacArthur MCC/khb Enclosures / cc: tt:inda Goeb ~ ' TEMPORARY CONSTRUCTION EASEMENT Dennis G. Havel and Judy A. Havel, husband and wife, Grantors, for valuable consideration, receipt of which is hereby acknowledged, do hereby convey and warrant to the City of Albertville, a municipal corporation under the laws of the State of Minnesota, Grantee, for construction purposes, together with the unrestricted right to improve the same, free and clear of all encumbrances, the following described temporary construction easement over, across and under real estate in the County of Wright, in the State of Minnesota, described as follows: See Attached Exhibit A. Dennis G. Havel Judy A. Havel STATE OF MINNESOTA) ) s.s. COUNTY OF WRIGHT ) Subscribed and sworn to before me this Dennis G. Havel and Judy A. Havel. day of , 2002 by NotaI)' Public This instrument was drafted by: Couri & MacArthur Law Office P.O. Box 369 St. Michael, MN 55376 .. - Dennis and Judy Havel 10415 Cain Road Rogers, MN 55374 PID # 101500352400 EXHIBIT A A 40 foot temporary construction easement over, under and across the Southeast Quarter of the Northwest Quarter (SE 1/4 NE 1/4) Section 35, Township 121, Range 24, Wright County, Minnesota. Said 40 foot temporary construction easement lies over the west 50.00 feet of said SE 1/4 NW 1/4 north of CSAH No. 37 and south of the southerly right-of-way line of the BNSF Railroad. Said temporary construction easement to expire October 1,2003. (' '\. PUBLIC UTILITY EASEMENT TIDS INDENTUE, made this _ day of , 2002, by and between Dennis G. Havel and Judy A. Havel, husband and wife, (Grantors); and the City of Albertville, Wright County, Minnesota, (Grantee). Grantor is the owner in fee simple of the real estate hereinafter described. For valuable consideration, the receipt of which is hereby acknowledged, Grantors have this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Albertville its successors and assigns a perpetual easement for public utility purposes with the right to enter upon the real estate hereinafter described at any time that grantee may see fit, and construct, maintain and repair any lines, equipment, materials, or other items for utilities over, across, through and under the lands hereinafter described, together, with the right to grade, excavate and refill trenches for the location of said utilities, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said utilities. Said public utility - easement is located in the County of Wright, State of Minnesota, and is described on Exhibit "A" which is attached hereto, and by this reference, made a part thereof. GRANTORS Dennis G. Havel Judy A. Havel STATE OF MINNESOTA ) , . ) s.s. COUNTY OF WRIGHT ) Subscribed and sworn to before me this Dennis G. Havel and Judy A. Havel. This instrument was drafted by: Courl & MacArthur Law Office 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 day of , 2002 by Notary Public Dennis and Judy Havel 10415 Cain Road Rogers, MN 55374 PID # 101500352400 EXHIBIT A A 10 foot perpetual utility easement over, under and across the Southeast Quarter of the Northwest Quarter (SE 1/4 NE 1/4) Section 35, Township 121, Range 24, Wright County, Minnesota. Said 10.00 foot perpetual easement lies over the west 10.00 feet of said SE 1/4 NW 1/4 north ofCSAH No. 37 and south of the southerly right-of-way line of the BNSF Railroad.