HomeMy WebLinkAbout2858Doc No T05160870
Certified, filed and/or recorded on
Mar 27, 2014 10:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 89 Pkg ID 1095477M
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1107950
This cover sheet is now a permanent part of the recorded document.
New Certs
C
GRANT OF PERMANENT EASEMENT
L B EDINA, LLC, a Minnesota limited liability company, 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 municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City," its successors and assigns, forever, a permanent,
non-exclusive easement (the "Easement") for public roadway, sidewalk, drainage and utility
purposes over, across, on, under, and through land situated within the County of Hennepin, State
of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit `B"
(the "Easement Area"), subject to the terms hereinafter set forth.
1. The Easement shall include the rights of the City, its contractors, agents, servants,
and assigns, to enter upon the Easement Area at all reasonable times to construct, reconstruct,
inspect, repair, and maintain said public roadway, sidewalk, drainage and utility systems over,
across, on, under, and through the Easement Area, together with the right to grade, level, fill,
drain and excavate the Easement Area, and the further right to remove trees, bushes,
undergrowth, and other obstructions located within the Easement Area interfering with the
location, construction, and maintenance of said public roadway, sidewalk, drainage and utility
easements (all such activities are hereafter collectively referred to as "City Activities").
2. In making use of the Easement, the City shall, and shall cause its contractors to:
(i) use commercially reasonable efforts to minimize any adverse impact to the business
operations conducted by Grantor on the adjacent property, including, but not limited to, keeping
the access drive to be installed over the Easement Area at all times open for ingress to and egress
from Grantor's adjacent property from and to Hazelton Road; (ii) replace and restore any areas
and improvements disturbed by City Activities to the condition they were in prior to the
performance thereof; (iii) diligently complete all City Activities once such activities have begun;
and (iv) maintain any City installations or equipment located on or about the Easement Area in
good order and repair.
3. The Easement is subject to all matters of record, and Grantor hereby reserves
from the grant of the Easement the continuing right to use the Easement Area for all purposes not
inconsistent with the permitted use of the Easement Area granted to the City herein.
4. The City agrees, as and for consideration given for the grant of the Easement, that
no costs associated with City Activities or any other improvements, maintenance, or repair,
within the Easement Area or in the right of way of Hazelton Road, shall be charged to or
assessed against any property of Grantor, or otherwise be the obligation of Grantor.
5. 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 Area; that it has the sole right to grant and convey the Easement to the City; that there
are no unrecorded interests in the Easement Area; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
-2-
6. The rights and obligations of this agreement shall bind and benefit, and be
enforceable by, Grantor and the City, and their respective successors and assigns.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this/
day of '2014.
GRANTOR:
L B EDINA, LLC
.Ke
By: t
-lis: ijj
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this %�-/- day of
J , 2014' ]21::, the 1Z.L5i1)e / —F of L
B Edina, C, a Minnesota limited liability company, on behalf of said company.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
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EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Parcel 15
A permanent easement for roadway, sidewalk, drainage and utility purposes over, under and
across that part of Lot 2, Block 7, Yorktown as is on file and of record in the Office of the
County Recorder, Hennepin County Minnesota, which lies northerly and northeasterly of the
following described line: Commencing at the northeast corner of said Lot 2; thence South 00
degrees 11 minutes 54 seconds East, assumed bearing along the east line thereof, 43.09 feet to
the point of beginning of the line to be hereinafter described; thence South 89 degrees 46 minutes
15 seconds West, 39.27 feet; thence northwesterly along a non-tangential curve, concave the
southwest, 53.03 feet, having a radius of 49.00 feet, central angle of 62 degrees 00 minutes 33
seconds, chord bearing of North 31 degrees 33 minutes 47 seconds West and a chord distance of
50.48 feet to the north line of said Lot 2 and said line there terminating
AND ALSO
A permanent easement for roadway, sidewalk, drainage and utility purposes over, under and
across that part of said Lot 2, described as follows: Commencing at the northwest corner of said
Lot 2, thence North 89 degrees 47 minutes 37 seconds East, assumed bearing along the north line
thereof, 102.19 feet to the point of beginning of the easement to be hereinafter described; thence
continue North 89 degrees 47 minutes 37 seconds East along said north line, 135.00 feet; thence
South 00 degrees 12 minutes 23 seconds East, 7.62 feet; thence South 89 degrees 28 minutes 49
seconds West, 135.00 feet; thence North 00 degrees 12 minutes 23 seconds West, 8.36 feet to the
point of beginning.
(Torrens Certificate of Title No. 1107950)
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
AMERICAN UNITED LIFE INSURANCE COMPANY, an Indiana corporation,
which holds a mortgage on all or part of the property more particularly described in the
foregoing Grant of Permanent Easement, which mortgage is dated June 19, 2003, and recorded
June 20, 2003 as Torrens Document No. 3761425 with the office of the County 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, consent, and is subject to the
foregoing Grant of Permanent Easement.
Dated this 23r4 day of January, 2014.
AMERICAN UNITED LIFE
INSURANCE COMPANY
By:
Steven T. Holland
Its:Vice President
STATE OF INDIANA )
)ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me this 23rJ day of January, 20,14,
by Steven T. Holland the Vice President of American United Life Insurance Company; :` an,
Indiana corporation, on behalf of said corporation.
NOTARY PUBLI
DRAFTED BY: No i Kathleen M Gregory
a f Public Seal State of Indiana
CAMPBELL KNUTSON Johnson County
Professional Association My Commission Expires 09/05/2019
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
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PROPOSFD PFRMANFNT ROADWAY. S1DrWAI K AND
DRAINAGE AND UTILITY EASEMENT AREA = 3 220 sq ft
France Avenue Improvements NA VVSB Pmjw No. 1686400
A
?01 X'"� Avenue South Suite 3W DATE RE\ASED,. 1100013
Minneapolis, MN 55V6
WSB wwwwsbeng,com Easement Parcel Sketch e
Parcel No,15
City of Edina, Minnesota
INFRASTRUCTURE ENGINEERNO PLANNING CONSTRUCTION Exhibit B
CAMPBELL KNUTSON
April 8, 2014
Ms. Sharon Allison
City of Edina
7450; Mctro Boulevard
Edina, Minnesota 55439
Re: City of Edina —Hazelton Road Project
Dear Sharon:
Enclosed herewith is the original, recorded Grant of Permanent Easement
from L B Edina, LLC to the City. Please note that this Easement was recorded with
the Hennepin County Registrar of Titles on March 27, 2014, as Torrens Document
No. T05160870.
If you have any questions regarding the above, please give me a call.
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Enclosure
175682v1
Very truly yours,
CAMPBELL KNUTSON
Professional Association
Bv_ : C`
Carole J. Hoeft
Legal Assistant