Grant of EasementTHIS GRANT OF EASEMENT is made as of the )�- day of ,�' 5u --' 20�'
by TARGET CORPORATION, a Minnesota corporation ("Grantor"), whose address is
Target Corporation Property Development, ATTN: Property Administration, 1000
Nicollet Mall, Minneapolis, Minnesota 55403. Grantor is the owner of certain real
property described on Exhibit A attached hereto and made a part hereof ("Grantor's
Property"). In consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, Grantor does hereby
quitclaim unto CftY ! G , a corporation
.� ("Grantee"), subject to the terms and conditions set forth below, a perpetual non-
exclusive easement ("Easement") upon, over and under the portion of Grantor's Property
that is legally described on Exhibit B attached hereto and made a part hereof ("Easement
Area") for the specific purpose of permitting Grantee the right to install, operate,
j maintain, repair, remove and replace
(collectively called the "Facilities") under the surface of the Easement Area, together with
the right of reasonable and necessary ingress and egress to and from the Easement Area in
connection with the exercise of the rights granted herein.
By acceptance of the Easement created hereby, Grantee covenants and agrees with
Grantor as follows:
1. Grantor hereby reserves and retains all other property rights in and to the
Easement Area, specifically including but not limited to: (a) the right to use the Easement
Area for any purpose whatsoever, so long as such use does not substantially and
unreasonably interfere with Grantee's rights hereunder (it being expressly understood that
the use of the surface of the Easement Area for vehicular traffic, pedestrian traffic,
landscaping, parking and/or signage shall be deemed not to substantially interfere with
Grantee's rights hereunder); and (b) the right to locate electric, gas and water lines and
other utilities in the Easement Area, so long as such improvements do not substantially
and unreasonably interfere with Grantee's permitted use of the Easement Area. Grantor
further reserves and retains the right from time to time, in Grantor's sole discretion, to
cause Grantee to relocate the Facilities at Grantor's expense, it being understood that if
such relocation of the Facilities is to a place outside of the Easement Area, Grantee shall
execute and deliver to Grantor, promptly upon request, an amendment to this instrument
setting forth the revised Easement Area.
2. Any installation, operation, maintenance, repair or replacement performed
by Grantee shall be at Grantee's sole cost and expense and shall be performed with care
and in such manner as to cause the least interference with the surface of the Easement
Area and with the use and enjoyment thereof by Grantor and others lawfully present
thereon. All Facilities placed in the Easement Area shall be buried to a depth not less
than 30 inches below the existing surface, and Grantee shall cause the backfill to be
compacted in layers to avoid settling, voids and/or air pockets. Grantee assumes the risk
8893
112000
that vehicles using the surface of the Easement Area may damage the Facilities if the
same are not adequately protected.
3. Grantee shall maintain the Facilities in good condition, and Grantee shall
install, maintain, operate, repair, replace and remove the Facilities in compliance with all
applicable governmental rules, regulations and requirements. Grantee agrees to obtain at
its sole cost and expense, before using the Easement Area for the purpose permitted
hereunder, such permits, licenses or other authority as may be required from Federal,
State, County, City or other governmental agencies or units exercising jurisdiction over
the installation and operation of the Facilities, and Grantee further agrees to comply with
and strictly observe any and all laws, ordinances, rules, regulations, codes and orders of
any such governmental agency or unit.
4. If the surface of Grantor's Property or any portion thereof, or any
landscaping, curbing, pavement or other improvements thereon, shall be disturbed by
installation, operation, maintenance, replacement or removal activities or other activities
performed by or on behalf of Grantee in connection with the use of the Easement, said
surface and improvements shall be promptly restored by Grantee to their condition just
prior to such disturbance. Immediately following the performance of work by or on
behalf of Grantee, Grantee shall remove from the Easement Area and surrounding land all
equipment, materials and debris resulting from or used in connection with such work.
5. There shall be no liability on Grantor, its successors and assigns and
persons occupying or lawfully present on the Easement Area for damage, if any, which
may be caused by normal and reasonable use of, or vehicular or pedestrian traffic over,
the Easement Area. Such normal and reasonable use may include the landscaping or
parking of vehicles on the Easement Area and installation, operation and maintenance of
standard parking lot improvements including paving, bumper curbs, light standards and
striping and landscaping.
6. Grantee shall not permit any mechanics', materialmen's or other liens to
stand against Grantor's Property or any part thereof for work or materials furnished
Grantee in connection with the Easement, and Grantee agrees to indemnify, defend and
hold Grantor harmless from and against the same.
7. Grantee shall indemnify, defend and hold harmless Grantor from and against
any and all claims, demands, losses, damages, costs and expenses (including but not limited
to court costs, penalties and reasonable attorneys' fees), judgments, liabilities and causes of
action of any nature whatsoever resulting from or relating to the use or occupancy of the
Easement Area by Grantee or arising in any manner out of the acts or omissions of Grantee
or its agents or employees or any other persons acting under Grantee's direction or control in
connection with the Easement or with the use or occupancy of the Easement Area. The
indemnity obligations set forth in Sections 6 and 7 of this Grant of Easement shall survive
any termination of the Easement.
2
0 6 0n
S. Grantee agrees to maintain at all times adequate commercial general
liability insurance with respect to the Easement Area and the use and occupancy thereof
(in an amount not less than $1,000,000.00 per occurrence), specifically including
coverage against claims for bodily injury, death and property damage occurring on or
about the Easement Area and contractual coverage with respect to the indemnity
obligations set forth in this instrument. Grantee shall furnish Grantor with evidence of
such coverage before commencing any use or occupancy of the Easement Area, and upon
request from time to time thereafter.
9. In the event Grantee shall abandon or no longer use the Facilities or the
Easement Area for a period of at least one year, then, notwithstanding any provision herein
to the contrary, the Easement shall automatically terminate and Grantee shall, promptly
upon request, execute a recordable instrument to evidence the termination and release of the
Easement. Upon the termination of the Easement, Grantee shall promptly remove the
Facilities and restore the Easement Area to a condition as good as or better than that which
existed immediately prior to the installation of the Facilities (including the replacement of
any landscaping, curbing or paving that has been removed or damaged).
10. Grantee takes the Easement without warranty of title and subject to all
valid and existing licenses, leases, grants, exceptions, encumbrances, title defects, matters
of record, reservations and conditions affecting Grantor's Property and/or affecting access
or ingress and egress thereto.
11. Grantee shall not claim or declare any fee interest in and to the Easement
Area, and in the event of eminent domain proceedings or settlement pursuant thereto,
Grantee shall make no claim against the award or compensation accruing out of or
resulting from such event, save and except any payment made to Grantee for damage to
its Facilities or with respect to removing or relocating the same.
12. Grantee agrees to assume and pay all taxes, assessments and other charges,
if any, which may be levied, assessed or asserted against the Facilities within the
Easement Area and, if the same are not separately billed, agrees to promptly reimburse
Grantor for any such taxes, assessments or other charges which may have been paid in
whole or in part by Grantor.
13. The Easement created hereby shall run with the land, and the terms
"Grantor" and "Grantee", wherever used in this instrument, are intended in each instance
to include the successors and assigns of Grantor as the owner of the Easement Area, and
Grantee as the owner of the Facilities.
[Rest of page intentionally left blank.]
3
42""()0C"2338 b A - V 6
IN WITNESS WHEREOF, the undersigned has executed this instrument as of the
date first above written.
TARGET CORPORATION
Its: / -' -;oft A. Nelson
target Stores
By its execution of this instrument, Grantee certifies to Grantor that it is authorized
to accept the same, and that its covenants and agreements hereunder constitute legal and
binding obligations of Grantee and are enforceable against Grantee in accordance with their
terms.
By: C�A'
Its:
El
2003238 0 0-0
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this �iay of
, 20�, by, 4�_L) �) �
the ' A ce
Minnesota corporation, on b
�„:Sf; THO�IAS ►=HANGIS DAWSON
3
sY� r0 Notary Public
6. My Con)miss�7n Ypn7;s :`an. 31, 2007
STATE OF t� o� �_� )
)ss.
COUNTY OF C—fit?,\tr, ,, A }
of TARGET CORPORATION, a
of said corporation.
Nq>6jPubliV
The foregoing instrument was acknowledged before me thisa3cAday of
'A ' 0 --,t 200�, by ,
�+�� i5 l�y�`�t � i
the . = c of �� ( ��1� �>>e l \
a a'Ywr,i ;•c_\ orporation, on behalf of said corporation.
•ritiYf
iFi��/`
®
a
-�
r
.
t�
Notary Public
Parcel l:
A tract of land located in the Northwest quarter of Section 31, Township 29 North, Range
21 West, Principal Meridian, Montana, Flathead County, Montana, being more particularly
described as follows:
3�
Commencing at the Southeast corner of Parcel 2 of Certificate of Survey No. 14680, records of
Flathead County, thence N89°56'28"W along the South boundary of said parcel, a distance of
366.84 feet to the POINT -OF -BEGINNING; thence continuing along said boundary,
N89°56'28"W a distance of 733.55 feet; thence N89157'53"W along said boundary, a distance of
186.49 feet; thence N00°02'07"E a distance of 505.34 feet; thence East a distance of 444.89 feet;
thence South a distance of 57.19 feet; thence East a distance of474.85 feet; thence South a
distance of 449.02 feet to the POINT -OF -BEGINNING, containing 10.057 acres, more or less.
Page 1 of 2
UTILITY EASEMENT
A utility easement located within the Northwest quarter of Section 31, Township 29
North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana, more
particularly situated within Parcel 1, Certificate Of Survey No. 15060, records of said
Flathead County, Montana, being more particularly described as follows: Commencing at
the Southwest corner of said Parcel 1, thence N00°02'07"E along the West boundary of
said Parcel, a distance of 31.25 feet to the Point -of -Beginning; thence, continuing along
said West boundary, N00°02'07"E a distance of 20.00 feet; thence, leaving said West
boundary, East a distance of 436.79 feet; thence North a distance of 454.09 feet to a point
on the North boundary of said Parcel; thence, the following three (3) courses are along
said North boundary, 1) East a distance of 8.38 feet, 2) South a distance of 57.19 feet, and
3) East a distance of 22.62 feet; thence, leaving said North boundary, South a distance of
95.04 feet thence West a distance of 11.00 feet; thence South a distance of 301.86 feet;
thence East a distance of 395.25 feet; thence North a distance of 396.90 feet to a point on
said North boundary; thence East along said North boundary, a distance of 31.00 feet
from which the Northeast corner of said Parcel bears East a distance of 36.98 feet; thence,
leaving said North boundary, South a distance of 282.34 feet; thence West a distance of
11.00 feet; thence South a distance of 134.56 feet; thence West a distance of 872.05 feet
to the Point -of -Beginning, containing 0.871 acres more or less.
JA2000UC00-084\K00-084-002 Utility Research\word\target-casement-underground.DOC
EXHIBIT B
Page 2 of 2
UTILITY EASEMENT
PARCEL 1, C.O.S. No. 15060
FLATHEAD COUNTY, MONTANA
WEST 444.89' NORTH
57.19'
NORTH 474,85'
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PARCEL 1 i l I
� Gi 0z P -9C.O.S. No. 15060 �w�
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ate. a ro 2 0.871 Acres t n. z
EAST— 436.79'
�zo_oo'=— ---- I--_----- -- JJ
31.25-----WE5T.572.05'-------
188.49' 0 N895628"W 711.55'
N89'57'53'W
THOAS, DEAN HOSIS, INC.
ENGINEERING CONSULTANTS
O GREAT FALLS— BOZEMAN—KALISPELL MONTANA
SPOKANE WASHINGTON
LEWISTON IDAHO
STATE OF MONTANA
County of Flathead
RECORDED AT THE REQUEST OF
THIS Q(, _ DAY OF , 20_!�15_ AT O'CLOCK AND
RECORDED IN THE RECORDS FLATHEAD COUNTY, STATE OF MONTANA.
FEE $ PD. 4
(Flathead County herk and Recorder)
RECEPTION NO. 20032015UgOOU
RETURN TO
(Deputy Clerk)