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HomeMy WebLinkAbout2859III 11111111111111111111111111111111111 Doc No T05180092 Certified, filed and/or recorded on Jun 24, 2014 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1124083M Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1379088 This cover sheet is now a permanent part of the recorded document. (Reserved for recording information) AGREEMENT REGARDING GRANT OF PERMANENT AND TEMPORARY EASEMENTS HAZELTON INVESTMENTS-NFLP, LLC, a Minnesota limited liability company, owns an undivided 62.6% tenant in common interest in Lot 4, Block 1 Yorktown, Hennepin County, Minnesota ("Property"), and HAZELTON INVESTMENTS-RG22, LLC, a Minnesota limited liability company, owns an undivided 37.4% tenant in common interest in the Property. 1. HAZELTON INVESTMENTS-NFLP, LLC and HAZELTON INVESTMENTS-RG22, LLC, hereinafter collectively 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 the "City", its successors and assigns, the following easements: A permanent easement for public roadway, sidewalk, drainage and utility purposes over, across, on, under, and through land situated within the County of Hennepin, 100184914 } State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" ("Permanent Easement Area"), including the rights of the City, its contractors, agents, and servants to enter upon the permanent easement premises 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 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 other obstructions interfering with the location, construction, and maintenance of said public roadway, sidewalk, drainage and utility easements. A temporary construction easement over, across, on, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" ("Temporary Easement Area"). To have and to hold the same, unto the City, its contractors, agents, and servants, commencing upon execution of this document and expiring October 31, 2015, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. As a condition of this temporary construction 173380v5 2 easement grant, the City shall, upon completion of construction and prior to termination, restore the ground surface of the temporary construction easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and other vegetation. 2. All costs and expenses payable with respect to Grantee's or its agents, contractors, servants or the public's use of the easement areas described herein, and with respect to the installation, construction, maintenance and repair of the roadway, sidewalk, drainage and utility improvements will be paid by the Grantee, its successors or assigns. As consideration for the grant of the easements pursuant to this Agreement, no portion of any such costs or expenses, will ever be levied or assessed against any portion of the Property or the Grantor, its successors or assigns. 3. As further consideration for the grant of the easements pursuant to this Agreement Grantee, its successors or assigns, will indemnify, defend and hold harmless Grantor, and all future owners of the Property, and such fee owner's successors, assigns, mortgagees, tenants, licensees, and their respective successors and assigns, from and against any and all costs, liabilities, damages, expenses (including all attorneys' fees), suffered or incurred by any reason of or relating to the Grantee's use, occupancy, possession, construction, maintenance or repair upon the Permanent Easement Area or Temporary Easement Area or both (`Basement Areas"), including but not limited to any claim for hazardous substances. 4. Nothing in this Easement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes or a waiver of any available immunities or defenses. 173380v5 3 The above named Grantor, for itself, its successors and assigns, does not make any representation or warranty as to the quality, condition or status of the Easement Areas and the Grantee accepts the Easement Areas "as —is" and "with all faults". Grantor makes no representation as to the status of title to the Easement Areas. The obligations and rights under this Agreement will be binding upon and inure to the benefit of the parties hereto and each of their successors and assigns owning the land subject to this Agreement from time to time and shall run with the land. IN TESTIMONY WHEREOF, the Grantor and Grantee hereto have signed this agreement this a, n� day ONDc; , 2014. GRANTOR: HAZELTON INVESTMENTS-NFLP, LLC By:0,1�dlv\" Its !ff(.�nE- AX A.z/A6: e STATE OF MINNESOTA ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of l L 2014, by � L .%Dthe /i�/r�cof Hazelton Investments-NFLP, LLC, a Minnesota limited liability company, on behalf of said limited liability company. MARVEL A. THORNE ' _~ Notary Public Minnesota Notary Public My ®miflleel®n �x IPPB Jlnutu 81, 2015 173380v5 4 GRANTOR: HAZELTON INVESTMENTS-RG22, LLC Its STATE OF �dWTRTRT�Q�'lT E 8 9T bA )ss. COUNTY OF I—CZ - ) PL- DL ADOforegoing instrument was ac owledged before me this day of f -t 2 , 2014, by P Q rj r the cfzny of Haz Iton Investments-RG22, LLC, a Minnesota limited lia ility company, on behalf of said limited liability comiDanv. STATE OF MINNESOTA ) )ss. COUNTY OF ) 173380v5 Notary P blic GRANTEE: CITY OF EIQ By: a er statutory city DAOMARIS MENDOZA Notary PublIc, State of Florida Commisslont FF 61182 My comm. expires Mar. 31, 2017 STATE OF MINNESOTA ) )ss. COUNTY OF ) 173380v5 Notary P blic GRANTEE: CITY OF EIQ By: a er statutory city The foregoing instrument was acknowledged befoan � me 2014, by Sc�w� �.l�l�c, 4 ��e� *=� this aq ( day of the Mayor and City Manager of the City of Lama, a Minnesota statutory city, on behalf of said city. v v4�"w -f"M �vw JANE M. TIMM a i WOTARY PUBLIC • MINNESOTA ;� My Cgnrtwssion Expires Jan. 31, 2015 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP/jmo 173380v5 ry Public EXHIBIT "A" Parcel 17 A permanent easement for roadway, sidewalk, drainage and utility purposes over, under and across that part of Lot 4, Block 1, Yorktown as is on file and of record in the Office of the County Recorder, Hennepin County Minnesota, which lies southerly and southwesterly of the Line A described as follows: Line A: Commencing at the northwest corner of said Lot 4; thence South 00 degrees 11 minutes 54 seconds East, assumed bearing along the west line thereof, 249.78 feet to the point of beginning of Line A to be hereinafter described; thence southeasterly 53.15 feet along a non- tangential curve, concave the south, , having a radius of 78.00 feet, central angle of 39 degrees 02 minutes 41 seconds, chord bearing of South 72 degrees 19 minutes 08 seconds East and a chord distance of 52.13 feet; thence continue southeasterly along a reverse curve, tangent to the last described curve, 31.11 feet, having a radius of 87.50 feet, central angle of 20 degrees 22 minutes 07 seconds, chord bearing of South 62 degrees 58 minutes 51 East and a chord distance of 30.94 feet to the south line of said Lot 4 and said Line A there terminating AND A temporary construction easement over, under and across that part of said Lot 4, which lies northerly and northeasterly of said Line A and southerly of the following described line: Commencing at the northeast corner of said Lot 4; thence South 00 degrees 11 minutes 54 seconds East, assumed bearing along the east line thereof, 274.26 feet to the point of beginning of the line to be hereinafter described; thence North 90 degrees 00 minutes 00 seconds West, 124.58 feet; thence North 01 degrees 11 minutes 54 seconds West, 38.46 feet; thence South 89 degrees 48 minutes 06 seconds West, 75.42 feet to the west line of said Lot 4 and there terminating. Said temporary easement shall expire on October 31, 2015 (Torrens Certificate of Title No. 1379088) 173380v5 7 EXHIBIT "B" w KIM LAMBAM Dm ria Ion= >rr vrnnY �[: Ply PMT d I _ PROPOMP9t1"FAMMMY,!©EMXAMCRArAMAMUMnYE110E]81TAAM-1- Nsgt PROPOMMWORAWI7aWTi4161MMSRM fAREA x��g1t S ,,,30&1ft^�,m Rum Avenue tmpmyamenb +� I�tsr�el�YM ! ��tlr�arn Emmffv 1d Paraai �laeidt +Cay or Edna. Mlmaeft Parcel No. 17 EdlIblt B 1733800 8 ■■pIIy�y tlg RECEIVED Y�XIIIIIIIIIIII�IIIIIYIe AUG 10ID1{ Doc No T05180092 Certified, filed and/or recorded on Jun 24, 2014 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1124083M Doc Name: Easement Document Recording Fee Document Total Existing Certs 1379088 New Certs $46.00 $46.00 This cover sheet is now a permanent part of the recorded document. e 0 13Igola (Reserved or recording information) AGREEMENT REGARDING GRANT OF PERMANENT AND TEMPORARY EASEMENTS HAZELTON INVESTMENTS-NFLP, LLC, a Minnesota limited liability company, owns an undivided 62.6% tenant in common interest in Lot 4, Block 1 Yorktown, Hennepin County, Minnesota ("Property"), and HAZELTON INVESTMENTS-RG22, LLC, a Minnesota limited liability company, owns an undivided 37.4% tenant in common interest in the Property. 1. HAZELTON INVESTMENTS-NFLP, LLC and HAZELTON INVESTMENTS-RG22, LLC, hereinafter collectively 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 the "City", its successors and assigns, the following easements: A permanent easement for public roadway, sidewalk, drainage and utility purposes over, across, on, under, and through land situated within the County of Hennepin, 100184914 ) State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit `B" ("Permanent Easement Area"), including the rights of the City, its contractors, agents, and servants to enter upon the permanent easement premises 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 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 other obstructions interfering with the location, construction, and maintenance of said public roadway, sidewalk, drainage and utility easements. A temporary construction easement over, across, on, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" ("Temporary Easement Area"). To have and to hold the same, unto the City, its contractors, agents, and servants, commencing upon execution of this document and expiring October 31, 2015, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. As a condition of this temporary construction MUM 2 easement grant, the City shall, upon completion of construction and prior to termination, restore the ground surface of the temporary construction easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and other vegetation. 2. All costs and expenses payable with respect to Grantee's or its agents, contractors, servants or the public's use of the easement areas described herein, and with respect to the installation, construction, maintenance and repair of the roadway, sidewalk, drainage and utility improvements will be paid by the Grantee, its successors or assigns. As consideration for the grant of the easements pursuant to this Agreement, no portion of any such costs or expenses, will ever be levied or assessed against any portion of the Property or the Grantor, its successors or assigns. 3. As further consideration for the grant of the easements pursuant to this Agreement Grantee, its successors or assigns, will indemnify, defend and hold harmless Grantor, and all future owners of the Property, and such fee owner's successors, assigns, mortgagees, tenants, licensees, and their respective successors and assigns, from and against any and all costs, liabilities, damages, expenses (including all attorneys' fees), suffered or incurred by any reason of or relating to the Grantee's use, occupancy, possession, construction, maintenance or repair upon the Permanent Easement Area or Temporary Easement Area or both ("Easement Areas"), including but not limited to any claim for hazardous substances. 4. Nothing in this Easement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes or a waiver of any available immunities or defenses. 173380v5 3 5. The above named Grantor, for itself, its successors and assigns, does not make any representation or warranty as to the quality, condition or status of the Easement Areas and the Grantee accepts the Easement Areas "as -is" and "with all faults". Grantor makes no representation as to the status of title to the Easement Areas. 6. The obligations and rights under this Agreement will be binding upon and inure to the benefit of the parties hereto and each of their successors and assigns owning the land subject to this Agreement from time to time and shall run with the land. IN TESTIMONY WHEREOF, the Grantor and Grantee hereto have signed this agreement this a nA day o 2014. GRANTOR: HAZELTON INVESTMENTS-NFLP, LLC By:. STATE OF MINNESOTA ) )ss. COUNTY OF Its e ffL� /NA //A6 The foregoing instrument was acknowledged before me this day of (1- 2014, by _< f -71- W .UD ofy , the &-ZIL z— /LWYof azelton Investments-NFLP, LLC, a Minnesota limited liability company, on behalf of sa d limited liability company. Em,m(oorww MARVEL 7 THORNS 0, Notary Public Minnesota Notary Public flonE>< ItogJenuta 31,7010 173380v5 4 GRANTOR: HAZELTON INVESTMENTS-RG22, LLC Its STATE OF MINNEQR,SOTA ) )ss. COUNTY OF /—CZ - ) PL- Dt, G43�33�33ytng Th foregoing instrument was ac owledged b ore me this i day of A�, , 2014, by r s n the �t—r_�r�Y' of Haz lton Investments-RG22, LLC, a Minnesota limited lia ility company, on behalf of said limited liability company. - STATE OF MINNESOTA ) )ss. COUNTY OF ) 1733800 Notary P blic QAGUM YENWU No" PUWI% W9 Of P4ft Commhsiod FF 81182 My comm. e*rss Aber. 91, 2417 STATE OF MINNESOTA ) )ss. COUNTY OF ) 1733800 Notary P blic The foregoing instrument was acknowledged befo a me this A( day ! - L�"'I of 2014, by Tc�;: �o ,>l\d. 4� t it - the Mayor and City Manager of the City ot Edina, a Minnesota statutory city, on behalf of said city. ry Public y�ttr JANaE M.TIMM 0i4;PU8LIC•t s03t,TA t5 E N ww CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651452-5000 AMP/jmo MUM 6 EXHIBIT "A" Parcel 17 A permanent easement for roadway, sidewalk, drainage and utility purposes over, under and across that part of Lot 4, Block 1, Yorktown as is on file and of record in the Office of the County Recorder, Hennepin County Minnesota, which lies southerly and southwesterly of the Line A described as follows: Line A: Commencing at the northwest corner of said Lot 4; thence South 00 degrees 11 minutes 54 seconds East, assumed bearing along the west line thereof, 249.78 feet to the point of beginning of Line A to be hereinafter described; thence southeasterly 53.15 feet along a non- tangential curve, concave the south, , having a radius of 78.00 feet, central angle of 39 degrees 02 minutes 41 seconds, chord bearing of South 72 degrees 19 minutes 08 seconds East and a chord distance of 52.13 feet; thence continue southeasterly along a reverse curve, tangent to the last described curve, 31.11 feet, having a radius of 87.50 feet, central angle of 20 degrees 22 minutes 07 seconds, chord bearing of South 62 degrees 58 minutes 51 East and a chord distance of 30.94 feet to the south line of said Lot 4 and said Line A there terminating AND A temporary construction easement over, under and across that part of said Lot 4, which lies northerly and northeasterly of said Line A and southerly of the following described line: Commencing at the northeast corner of said Lot 4; thence South 00 degrees 11 minutes 54 seconds East, assumed bearing along the east line thereof, 274.26 feet to the point of beginning of the line to be hereinafter described; thence North 90 degrees 00 minutes 00 seconds West, 124.58 feet; thence North 01 degrees 11 minutes 54 seconds West, 38.46 feet; thence South 89 degrees 48 minutes 06 seconds West, 75.42 feet to the west line of said Lot 4 and there terminating. Said temporary easement shall expire on October 31, 2015 (Torrens Certificate of Title No. 1379088) 1733800 7 EXHIBIT "B" 9 FPilP E".$ == M= -----� --- ---- i r`---' 7 ; i i 8 Pi PIAT i �i 4 ' � I �N m 0 =f f0 � i i fI711*90'1A lgdoRII W-PLQM g 1 97 100' 011 . e 4 _ PROPOMMMNEWRGNWW IWIKXA DOIIMMOEAI0UMMVBMMMWM6M1MwR ® �mrava�anw�.�s.�e 'AI>rl.�Mll.�>h�>Im ANv FronosM mus lmpmvamenbs M"* & MO OR1ti�Ni11F Ei nad Pmmol M-hA . ?�� Il«l�#Il«Hll Crw atEdl m Nlmesot Parcel No. 17 Ebddblt B MUM 10:11:30 Tuesday, August 19, 2014 LEGAL DESCRIPTION INFORMATION PAGE 1 NEXT = INQUIRY CODE 103 PROPERTY ID 32 028 24 22 0005 PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 78125 PARCEL 1500 EARLIEST DELQ YR ACREAGE 1.29 DIV STATUS OWNER HAZELTON INVST NFLP LLC ETAL LAST STAT CHG VERF LEGAL PROP ADDR 3650 HAZELTON RD CONDMN # LOT 004 BLOCK 001 TAXPAY N/A HAZELTON INVSTS NFLP & RG22 PREVIOUS OWNER 01/23/2014 C/O STUART CO ATTN S NOLAN 1000 80TH ST W APPROX PARCEL SIZE IRREGULAR MINNEAPOLIS MN 55420 TRAN DATES 08/19/14 05/13/93 ADN YORKTOWN ADDN DATE FILED 06/08/1972 T METES / BOUNDS DESCRIPTION CURRENT TITLE: TORRENS SUBJECT TO ROAD RECEIVED AUG 1 0 2014 L P 32-028-2442J 4 (5) li RECEIVED AUG 2 0 LU14 2s4,71 f 3 f ------------------ meqL ( gy S,� h 4^ 200 403. Y+a (12-7 APT OWN I CAMPBELL KNUTSON July 16, 2014 Ms. Sharon Allison City of Edina 7450 Metro Boulevard Edina, Minnesota 55439 Re: City of Edina —Miscellaneous Recording Dear Sharon: Pursuant to our telephone conversation, enclosed herewith is the original, recorded Agreement Regarding Grant of Permanent and Temporary Easements from Hazelton Investments-NFLP, LLC and Hazelton Investments-RG22, LLC to the City. Please note that this Easement was recorded with the Hennepin County Registrar of Titles on June 24, 2014, as Document No. T05180092. If you have any questions regarding the above, please give me a call. cjh Enclosure 175907v1 Very truly yours, CAMPBELL KNUTSON Professional Association Bv: Carole J. Hoeft Legal Assistant