HomeMy WebLinkAbout2860Existing Certs
1135407
I III III 1111111111111111111111111111111111
Doc No T05215595
Certified, filed and/or recorded on
Nov 14, 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 26
Doc Name: Easement
Pkg ID 1176502M
Document Recording Fee $46.00
Document Total
This cover sheet is now a permanent part of the recorded document.
$46.00
GRANT OF PERMANENT EASEMENT
MACY'S RETAIL HOLDINGS, INC., a New York 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 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 easement for
public walkway 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".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public walkway systems over, across, on, under, and through the easement premises,
together with the right to grade, level, fill, drain and excavate the easement premises, and the further
right to remove trees, bushes, undergrowth, and other obstructions interfering with the location,
construction, and maintenance of said public walkway easement.
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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. Grantor specifically
reserves the right to allow other utility lines to be installed under, across and within the
property subject to these easements, provided such do not interfere with or endanger the
installations of the City or the maintenance thereof.
In making use of the easements granted herein, the City shall and shall cause its
contractors to: (i) review the work schedule and traffic control with Grantor's local
management to limit any impact of the City's activities on Grantor's business and access
to Grantor's property, (ii) make commercially reasonable efforts to minimize any adverse
impact to the business operations conducted by Grantor on the adjacent property; (iii)
replace and restore any areas and improvements disturbed to the condition they were prior
to the performance of such work, except for the areas improved by the Grantee in
accordance with approved plans and specifications, and raise or lower any and all
manholes and/or manhole castings to conform to the elevation of the planters, parking
area, driveway and road surfaces in which they are located; (iv) diligently complete all
installations and other work once such activities have begun, and (v) thereafter maintain
the City's facilities and related equipment in good order and repair.
The City shall not permit any claim, lien or other encumbrance arising from its
activities to accrue against or attach to the easement premises or the interest of Grantor in
adjacent property.
At all times during construction and other activities, (i) the City will maintain a
minimum of one lane vehicular ingress and one lane vehicular egress between France
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Avenue and Grantor's adjacent property via the existing access road on the south side of
Grantor's property, and (ii) the City will maintain vehicular ingress and egress over at
least one of the two curb cut areas between Grantor's property and the adjacent property to
the south during all hours of operation of Grantor's business on such property. The
construction period of the easement improvements shall not exceed eight (8) weeks
without Grantor's written consent.
The easements granted herein are subject to all valid and existing licenses, leases,
grants, exceptions, encumbrances, title defects, matters of record, reservations and
conditions affecting Grantor's property, including the property subject to these Easements
and access thereto.
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; that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
The rights herein granted may not be assigned in whole or in parts without
Grantor's reasonable consent. Grantor hereby consents to an assignment or license
[continued on following page]
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agreement for the public walkway easement between the Grantee and Three Rivers Park
District.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this
day of October, 2014.
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GRANTOR:
MACY'S RETAIL HOLDINGS, INC.,
a >-Goe
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oeller,
Senior Vice President
STATE OF OHIO
)ss.
COUNTY OF HAMILTON
The foregoing instrument was acknowledged before me on October -__a, 2014, by Carl
L. Goertemoeller, Senior Vice President of Macy's Retail Holdings, Inc., a New York
corporation, on behalf of said corporation, Grantor.
! VWRAW.F. I WCE:
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ELIZABETH J. HAASS
Notary Public, State of Ohio
My commission Expires
March 26, 2017
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
9
James B. Hovland, Mayor
The foregoing instrument was acknowledged before me this day of
2014, by James B. Hovland and Scott Neal, respectively the Mayor and City
Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
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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DEBRA MANGEN
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My Commission Expires Jan. 31, ?015
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EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
A 20 foot easement for public walkway purposes over and across that part of Lot 3, Block 7,
YORKTOWN according to the recorded plat thereof, Hennepin County, Minnesota.
The centerline of said easement is described as follows:
Commencing at the southwest corner of said Lot 3; thence North 0 degrees 13 minutes 38
seconds West, along the west line of said Lot 3 a distance of 24.00 feet to the beginning of said
centerline; thence South 89 degrees 40 minutes 00 seconds East a distance of 525.00 feet; thence
North 80 degrees 40 minutes 00 seconds East a distance of 111.05, feet more or less, to the
easterly line of said Lot 3, and said centerline there terminating.
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