HomeMy WebLinkAbout2854Existing Certs
1401713
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Doc No T05265474
Certified, filed and/or recorded on
Jun 17, 2015 10:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 71 Pkg ID 1256693M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
-7
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GRANT OF PERMANENT EASEMENT
EDINA COMMUNITY LUTHERAN CHURCH, INCORPORATED, a Minnesota
non-profit corporation, hereinafter referred to as "Grantor", in consideration of One Dollar
($1.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, does hereby grant unto the CITY OF EDINA, a Minnesota municipal
corporation, the Grantee, hereinafter referred to as "City", its successors and assigns, a
permanent easement for electrical and communication purposes, hereinafter referred to as
"public utilities", over, across, on, under, and through land situated within the County of
Hennepin, State of Minnesota, as legally described as the "Permanent Easement Description" on
the attached Exhibit A, and depicted on Exhibit B.
INCLUDING the rights of the City, its contractors, agents, servants and assigns, to enter upon
the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public utility systems over, across, on, under, and through the
permanent easement premises, together with the right to grade, level, fill, drain and excavate the
permanent easement premises, and the further right to remove trees, bushes, undergrowth, and
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other obstructions interfering with the location, construction, and maintenance of said public
utility easement. The City shall be responsible for the cost to construct, repair and maintain the
utilities located within the Easement Area. In addition, the City shall be responsible for repair and
maintenance of the Easement Area, including, but not limited to erosion control, for the two year
warranty period following completion of the 2015 City project. However, the City shall resume
such maintenance for any future City project involving re -grading or excavation of the permanent
easement area.
Except for installation of utility poles and wires, the City shall not install any other
permanent structures within the Easement Area that would impede Grantor's present access over
and across the Easement Area. Grantor reserves the right to use and enjoy the Easement
Area, including ingress and egress, as long as Grantor does not interfere with the City's
rights set forth herein.
Grantor and the City shall indemnify and hold the other party harmless from any and all
loss, cost, liability, damage, injury or expense, including reasonable attorneys' fees, which may
arise by reason of any violation of law, ordinance or regulation or by reason of injury to or death
of a person(s), damage to the property, or claims of lien for work performed and/or materials or
supplies furnished, or arising out of or in connection with the use of the Easement Area or arising
from or in connection with the willful or negligent acts or omissions of that party or its guests,
agents, contractors, employees or successors in interest.
The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the above described easement premises,
subject to an existing mortgage in favor of Thrivent Financial for Lutherans and an existing sanitary
sewer easement; that it has the sole right to grant and convey the easements to the City; that there
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are no unrecorded interests in the easement premises, except utility poles and lines serving adjoining
properties.
This instrument may be signed in counterparts by the parties hereto.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this
1 qday of ..�. , 2015.
GRANTOR:
EDINA COMMUNITY LUTHERAN
CHURCH, INCORPORATED
By: J
Name: Daniel A. Tysver
Title: President
By:
NameteasureV
ifeG r er
Title:
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ( day of J4A4A-e-_'
2015, by Daniel A. Tysver and Jennifer J. Garber, the President and Treasurer, respectively, of
Edina Community Lutheran Church, Incorporated, a Minnesota non-profit corporation, on
behalf of said corporation.
DAVE cox TARY PUBLIC
r Notary Public
state of Minnesota
r� r My Commission Expires
January 31, 2019
3
GRANTEE:
Title: Mayor
By: Z
Name: Scott Neal
Title: City Manager
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this Rday of u✓`� ,
2015, by James Hovland and Scott Neal the Mayor and City Manager, respectively, of the City
of Edina, a Minnesota municipal corporation, WAYIPUBLIC corporation, Grantee.
SHARON M. ALLISON
Notary PubloUnnesots
Mr Cable* ', Expim.Nn 31, 2020
--------------------
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
0
EXHIBIT A
PARCEL DESCRIPTION:
The Northwest Quarter of the Northeast Quarter of the Northeast Quarter of Section 19, Township
28, Range 24, except that part thereof platted as Minnehaha Woods.
(Torrens Property/Certificate of Title No. 802346)
PERMANENT EASEMENT DESCRIPTION:
A permanent easement for utility purposes over, under and across that part of the above described
tract, said easement is described as follows:
Commencing at the northwest corner of the Northwest Quarter of the Northeast Quarter of the
Northeast Quarter (NW '/4 NE 'ANE '/4); thence East along the north line of said Northwest Quarter
of the Northeast Quarter of the Northeast Quarter a distance of 36.7 feet; thence South 28 degrees
14 minutes East (assumed bearing) along the center line of Minnehaha Creek a distance of 34.03
feet to a point on the southerly right-of-way line of 54th Street West and the point of beginning of
the permanent easement to be herein described; thence continuing South 28 degrees 14 minutes
East a distance of 22.68 feet; thence East parallel with said north line of the Northwest Quarter of
the Northeast Quarter of the Northeast Quarter a distance of 69.30 feet; thence North 00 degrees 04
minutes 37 seconds West a distance of 20.00 feet to a point on the southerly right-of-way line of
54`" Street West, thence West along the southerly right-of-way of said 54`" Street West a distance
of 80.00 feet to the point of beginning.
I X1,4 11 .13 ta1.1
Depiction of Easement Area
NORTHWEST CORNER OF NORTHWEST QUARTER OF THE
NORHTEAST QUARTER OF THE NORTHEAST QUARTER
NORTH LINE OF NORTHWEST OUARTER OF THE NORHTEAST
QUARTER OF THE NORTHEAST QUARTER
SOUTHERLY RIGHT-OF-WAY LINE OF 54TH STREET WEST -
1w.r, 54TH STREET
M.00*
SOUTH 28
1$ EAST 20.00''
278.62'
LINES PARALLEL MAIN THE NORTH\ \
LINE OF NORTHWEST QUARTER OF
THE H ASTQU QUARTER OF THE \ \
NORTHEAST QUARTER
SOUTH 28. 14• EAST
EXISTING SANITARY SEWER EASEMENT \ \
OG�X A
s
17 s
EASEMENT N
(— -1 TEMPORARY
L J EASEMENT
2
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c
MORTGAGE HOLDER
CONSENT TO EASEMENT
THRIVENT FINANCIAL FOR LUTHERANS, a Wisconsin corporation, which holds a
mortgage on all or part of the property more particularly described in the foregoing Grant of
Permanent Easement, which mortgage was filed for record September 5, 2013, as Torrens
Document No. T5112854 with the office of the Registrar of Titles for Hennepin County, Minnesota,
for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement.
THRIVENT FINANCIAL FOR LUTHERANS
�
I .
Its: Asst. M" President
STATE OF 11tA/NE5o7'A )
) SS.
COUNTY OF WNAI CPll�J )
The foregoing instrument was acknowledged before me this 28 _ day of /'14 y ,
20155 by OAm�9Ier the Asst. Vice President of
v
Thrivent Financial for Lutherans, a Wisconsin corporation, on behalf of said corporation.
LAURA JANE ARROWOOD
NOTARY PUBLIC
MINNESOTA N TARY
My Cam�sion F S 1st. 2020
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cj h
VA
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott 14. Knetsch
Joel J. jan-mik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, III
Alina Schwartz
Shana N. Conklin
Amy B. Schutt
David I-1. Schultz
Kurt S. Fischer
Grand O.ik Office Center 1
860 Bltw Gentian Road
Suite 29", E,.ipn, NINN 55"121
651-452-5CCC
F,ix 651-234-6237
www.ck-law.coni
CAMPBELL KNUTSON
July 6, 2015
Ms. Sharon Allison
City of Edina
7450 Metro Boulevard
Edina, Minnesota 55439
Re: Miscellaneous Recordings
Dear Sharon:
Enclosed herewith for your file is the original recorded Grant of Permanent
Easement from Edina Community Lutheran Church, Incorporated to the City. Please
note that this Grant of Permanent Easement was recorded with the Registrar of Titles
on June 17, 2015, as Torrens Document No. T05265474.
If you have any questions regarding the above, please give me a call.
cjh
Enclosure
178290vl
Very truly yours,
Campbell Knutson
P ssional Asso 1 *o I
V,
By:
Carole J. Hoeft
Legal Assistant