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HomeMy WebLinkAbout2869j, ,. colt 1oe)j4 an—a,l31 sorcn k! John i. Kufly Mina Sdmart,� hamlet fl °,,C' `mils David -1, aW likd ; Soiw 3V ^ 4 a, n., N1N E't_ F. x ,5d , .n " s>"' w au w , c k - ! snn ,c.a aa3 CAMPBELL KNUTSON June 8, 2015 Ms. Sharon Allison City of Edina 7450 Metro Boulevard Edina, Minnesota 55439 Re: Miscellaneous Recordings Dear Sharon: V�-� sl�91(Nl**' jv� Enclosed herewith for your file is the original recorded Grant of Permanent and Temporary Easement from Rwolfson Hazelton Road LLC, Bwolfson Hazelton Road LLC and PW Properties, LLC to the City. Please note that this Grant of Permanent and Temporary Easement was recorded with the Registrar of Titles on May 18, 2015, as Torrens Document No. T05256330. If you have any questions regarding the above, please give me a call. cjh Enclosure 178290v1 Very truly yours, Campbell Knutson Professional Associ ' n By-_ ;� Carole J. Hoeft Legal Assistant 7 Existing Certs 1363573 Doc No T05256330 Certified, filed and/or recorded on May 18, 2015 3:10 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 84 Doc Name: Easement Pkg ID 1241893M Document Recording Fee $46.00 Document Tota! This cover sheet is now a permanent part of the recorded document. $46.00 f I % 1 GRANT OF PERMANENT AND TEMPORARY EASEMENTS RWOLFSON HAZELTON ROAD LLC, a Minnesota limited liability company, BWOLFSON HAZELTON ROAD LLC, a Minnesota limited liability company, and FW PROPERTIES, LLC, a Florida limited liability company, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do 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, the following easements, and upon the following terms and conditions: 1. A permanent non-exclusive 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 legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B", including the rights of the City, its contractors, agents, and servants to enter upon the permanent non-exclusive 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 non-exclusive easement premises, together with the right to grade, level, fill, drain and excavate the permanent non-exclusive easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, 1060777W construction, and maintenance of said public roadway, sidewalk, drainage and utility easements. Grantor shall not be responsible for, and City agrees to indemnify, defend and hold Grantor harmless from and against, any and all claims, liabilities and/or damages resulting from the City's, the public's and/or any other person or entity's use of the permanent non-exclusive easement premises, except to the extent such claim, liability or damage is the solely caused by Grantor's gross negligence or intentional misconduct as may be determined by a court of competent jurisdiction. The City shall maintain and operate the non-exclusive easement premises in good and safe condition and repair at no cost to Grantor, and Grantor shall have no obligation to maintain or operate said easement premises. As a condition of this permanent non-exclusive easement grant, the City shall, upon completion of any construction and/or repair work on the easement premises, restore the ground surface of any adjacent property of Grantor 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. A temporary non-exclusive 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". To have and to hold the same, unto the City, its contractors, agents, and servants, commencing upon execution of this document and automatically expiring October 31, 2015, together with the right of ingress to and egress from the temporary non-exclusive 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. Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described temporary non-exclusive 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 non-exclusive construction easement grant, the City shall, upon completion of construction and prior to termination, restore the ground surface of the temporary construction non-exclusive easement premises and any adjacent property of Grantor 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. 1060777ov2 2 3. Grantor shall not be responsible for any claims arising from the City's (or any other person's or entity's) use of and entry upon either of the easement areas described herein pursuant to the rights granted herein. City shall not permit any mechanics', materialmen's or other liens to stand against either easement premises or any part thereof for work or materials furnished to City in connection with either of the easements granted herein, and City agrees to indemnify, defend and hold Grantor harmless from and against the same. 4. The above named Grantors, for themselves, their successors and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises. [Signature pages follow.] 1060777M 3 r � ' IN TESTIMONY WHEREOF, the Grantors hereto have signed this agreement this _ day of 3 201§ )ss. COUNTY OF ) The foregoing instrument '2014, by GRANTOR: RWOLFSON HAZELTON ROAD LLC By: ft Its Chief ager acknowledged before me this day of ,the of RWolfson Hazelton Road LLC, a Minnesota limited liability comp behalf of said company. 10607770v2 4 CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 C: ;�L�;�Ct..,.C;i \�;ism:�:c;l..C;�:�Li:C:4�;!:a�:C;!:C;!�C<!\!"-.�; �t �c�c�;.�.,.; C;�;i:�•i:�;�:�«';�-.�; �. 2; C.��r -�; �;i=�; ;C;!2:�: t�z:!Ctl: ;�.C;!:C;r::C;!:2;. State of California County of SG h r -4yt cg 660 On 05/0(o 12DIT before me, UK) 5,60u6eyl, hAA✓•u rtt b1 iL , Date Here Insert NanYe and Title dhhe Officer personally appeared WRI PftSRUBEWT Commisaion #� 2075671 Notary Public - caNtomia San Francisco C" C bas Ju124, 2016 0 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my haUd and official seal. Place Notary Seal Above Signature: Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Grant of Permanent and Temporary Easement Title or Type of Document: Document Date: Number of Pages: —9 Signer(s) Other Than Named Above: Capecity(ies) Claimed by Signer(s) Signer's Name: Robby Bernard Wolfson ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ® Other: Chief Manager Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rwo 1 f son Hazelton Signer Is Representing: Road LLC G: 'i •i:�, �. �i.,�.ii,�'ism,'.�,:�,'.�1:�'!:�::�✓:�±!:�-'/,:�'!'.�'iso'�:��:�'%:�5:�,:\•.'.�✓.\✓:�✓i,�.i s��:�;'.�'!'.�'�.:�'!:<'!.,�'%.,�y :�%:� � •i.�'!:�'ii,�'!:�'!'.� jzn GRANTOR: BWOLFSON HAZELTON ROAD LLC Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Toregoing instrument was acknowledged before me this —4 day of 2014, by Bill Wolfson, the Chief Manager of BWolfson Hazelton Road LLC, a Minnesota limited liability company, on behalf of said comp ny. NORYEJRUC ANDREA JEANNE KOSTWK �. Notary Public -Minnesota My Cm- ksi-' Expkes Jen 31, 2019 176861v1 GRANTOR: FW PROPERTIES, LLC Dc\ M. STATE OF FLORIDA ) )ss. COUNTY OF SARASOTA ) Wolfson he foregoing instrument was acknowledged before me this day of �i , 2014, by Fremjane Wolfson, the Chief Manager of FW Properties, LLC, a Florida limited liability company, on behalf of said NOTARY P1UB IC � ANDREA JEANNE KN Notary Public Minnesota MY comni ulon ExpNe� Jen 31, 2019 176861v1 IN TESTIMONY WHEREOF, the City has signed this agreement this day of 2014. I.. r-, , - wl'l� -- '' STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this �%� day of 2014, by , the and by ,the both of the City of Edina, a municipal corporation organized under the I. o F the State of Minnesota, on behalf of said corporation. J 14 T PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP/cjh 106077700 Wwwvwwvwv�w . . JANE M. TIMM NOTARY PUBLIC• MINNESOTA My Commission Expires Jan. 31.2015 7 EXHIBIT "A" Parcel 16 A permanent non-exclusive easement for roadway, sidewalk, drainage and utility purposes over, under and across that part of Lot 1, Block 7, Yorktown as is on file and of record in the Office of the County Recorder, Hennepin County Minnesota, which lies northerly and northwesterly of the Line A described as follows: Line A: Commencing at the northwest corner of said Lot 1; thence South 00 degrees 11 minutes 54 seconds East, assumed bearing along the west line thereof, 43.09 feet to the point of beginning of Line A to be hereinafter described; thence North 88 degrees 46 minutes 15 seconds East, 24.64 feet; thence northeasterly along a non-tangential curve, concave the southeast, 20.94 feet, having a radius of 77.50 feet, central angle of 15 degrees 28 minutes 59 seconds, chord bearing of North 35 degrees 54 minutes 35 seconds East and a chord distance of 20.88 feet; thence continue northeasterly along a compound curve, tangent to the last described, 14.90 feet, having a radius of 49.00 feet, central angle of 17 degrees 25 minutes 25 seconds, chord bearing of North 52 degrees 21 minutes 47 East and a chord distance of 14.84 feet; thence continue northeasterly along a compound curve, tangent to the last described, 5 0. 10 feet, having a radius of 167.50 feet, central angle of 17 degrees 08 minutes 14 seconds, chord bearing of North 69 degrees 38 minutes 36 East and a chord distance of 49.91 feet to the north line of said Lot 1 and said Line A there terminating I1 0 A temporary non-exclusive construction easement over, under and across that part of said Lot 1, which lies southerly and southeasterly of said Line A and westerly and northerly of the following described line: Commencing at the southwest corner of said Lot 1; thence North 89 degrees 46 minutes 06 seconds East, assumed bearing along the south line thereof, 17.22 feet to the point of beginning of the line to be hereinafter described; thence North 00 degrees 32 minutes 14 seconds East, 257.89 feet; thence South 89 degrees 27 minutes 46 seconds East, 56.49 feet; thence North 00 degrees 32 minutes 14 seconds East, 48.23 feet to said Line A and there terminating. Said temporary easement shall automatically expire on October 31, 2015. (Torrens Certificate of Title No. 1363573) 1060777ov2 EXHIBIT "B" n IRI I � 43.09 '�q:',° �5 �:T!LTY ESMT 50°11'54"E ''ti�p�06p PEP lb 6a'e 3�, 10' UTILITY ESMT. - v� p-5�.38, 4- a9 S89027'46"E �Q, 56.49 N89°462456'E r �n htiP° V' N, o N 10' SCENIC EASEMENT DOC. NO. 1033728 10' UTILITY ESMT. :n PEP PLAT Q� �m N� 0 O N 2 BLOCK 7 1 i i i 0 0 m 0 L m V L a 17.22 0 25 50 m N89048'6"E Ti II II II m o PROPOSED PERMANENT ROADWAY, SIDEWALK AND DRAINAGE AND UTILITY EASEMENT AREA = 1,947 sq ft s PROPOSED TEMPORARY CONSTRUCTION EASEMENT AREA = 5,995 sq ft 7:41:34 Tuesday, July 21, 2015 LEGAL DESCRIPTION INFORMATION PAGE 1 NEXT = INQUIRY CODE 103 PROPERTY ID 32 028 24 22 0083 PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 09948 PARCEL EARLIEST DELQ YR ACREAGE .00 DIV STATUS OWNER IRET-71 FRANCE LLC LAST STAT CHG 03/12/15 VERF LEGAL PROP ADDR 7121 FRANCE AVE S CONDMN # LOT 004 BLOCK 001 TAXPAY N/A IRET-71 FRANCE LLC PREVIOUS OWNER 03/20/2015 10050 CROSSTOWN CIR #105 LB EDINA LLC EDEN PRAIRIE MN 55344 APPROX PARCEL SIZE IRREGULAR TRAN DATES 08/11/14 ADN LB 71 FRANCE METES / BOUNDS DESCRIPTION SUBJECT TO ROAD ADDN DATE FILED 05/05/2014 T CURRENT TITLE: TORRENS CREATED BY DIV # 140096 DATE 08/05/14 PREV PROP IDS 32 028 24 22 0009 SUBSEQ PROP IDS 111111111111111111111111111111111111111111111111111111 Doc No T05256330 Certified, filed and/or recorded on May 18, 2015 3:10 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1241893M Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs--` ©�-$ "- c' '� ` oov y 1363573 This cover sheet is now a permanent part of the recorded document. l ��3E:>I3 GRANT OF PERMANENT AND TEMPORARY EASEMENTS RWOLFSON HAZELTON ROAD LLC, a Minnesota limited liability company, BWOLFSON HAZELTON ROAD LLC, a Minnesota limited liability company, and FW PROPERTIES, LLC, a Florida limited liability company, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do 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, the following easements, and upon the following terms and conditions: A permanent non-exclusive 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 legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B", including the rights of the City, its contractors, agents, and servants to enter upon the permanent non-exclusive 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 non-exclusive easement premises, together with the right to grade, level, fill, drain and excavate the permanent non-exclusive easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, 10607770v2 \i construction, and maintenance of said public roadway, sidewalk, drainage and utility easements. Grantor shall not be responsible for, and City agrees to indemnify, defend and hold Grantor harmless from and against, any and all claims, liabilities and/or damages resulting from the City's, the public's and/or any other person or entity's use of the permanent non-exclusive easement premises, except to the extent such claim, liability or damage is the solely caused by Grantor's gross negligence or intentional misconduct as may be determined by a court of competent jurisdiction. The City shall maintain and operate the non-exclusive easement premises in good and safe condition and repair at no cost to Grantor, and Grantor shall have no obligation to maintain or operate said easement premises. As a condition of this permanent non-exclusive easement grant, the City shall, upon completion of any construction and/or repair work on the easement premises, restore the ground surface of any adjacent property of Grantor 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. A temporary non-exclusive 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". To have and to hold the same, unto the City, its contractors, agents, and servants, commencing upon execution of this document and automatically expiring October 31, 2015, together with the right of ingress to and egress from the temporary non-exclusive 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. Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described temporary non-exclusive 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 non-exclusive construction easement grant, the City shall, upon completion of construction and prior to termination, restore the ground surface of the temporary construction non-exclusive easement premises and any adjacent property of Grantor 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. 10607770v2 2 � n � 3. Grantor shall not be responsible for any claims arising from the City's (or any other person's or entity's) use of and entry upon either of the easement areas described herein pursuant to the rights granted herein. City shall not permit any mechanics', materialmen's or other liens to stand against either easement premises or any part thereof for work or materials furnished to City in connection with either of the easements granted herein, and City agrees to indemnify, defend and hold Grantor harmless from and against the same. 4. The above named Grantors, for themselves, their successors and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises. [Signature pages follow.] 106o777M 3 IN TESTIMONY WHEREOF, the Grantors hereto have signed this agreement this — day of 3N2ol§ )ss. COUNTY OF ) The foregoing instrument ,2014, by liability GRANTOR: RWOLFSON HAZELTON ROAD LLC By: Its Chief ager before me this day of , the of RWolfson Hazelton Road LLC, a Minnesota limited behalf of said company. 10607770v2 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 State of Califomia County of SG h FwK M.60 Onl)� .2 n I T before me, LW; 566 6&v # ho' o' Aylu Piz b l l* L , Date Here Insert Na a and Title oAhe Officer personally appeared WRI SEMERT CommJplon * 20t58tI ft" Pum - CMM0MI8 � Francisco Cow>hr .. iM Comm• B JW Ra ob Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Place Notary Seal Above Signature: Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do ument Grant of Permanent and Temporary Easement Title or Type of Document: Document Date: Number of Pages: —9 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robby Bernard Wolfson ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator M Other. Chief Manager Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RWo 1 f son Hazelton Signer Is Representing: Road LLC 0 2013 National Notary Association 9 www.NabonalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Rem #5907 GRANTOR: BWOLFSON HAZELTON ROAD LLC Chief Manager STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) ,.foregoing instrument was acknowledged before me this —4 day of 2014, by Bill Wolfson, the Chief Manager of BWolfson Hazelton Road LLC, a Minnesota limited liability company, on behalf of 7in NO RY PU IC J#AANJEANNE KOSTIUK Notary P: Minnesota DREA Y Co�rrriNeion' Ekes Jan 31, 2019 176861v1 Mme. oczea DOC 6 _ - --H ES - - -------------- (7) (8) (83) 19.3, 96.E t11) 200 13&14 NW4&22E 4kis (am) ice)` (12-79) APT OWN NO 220 {3) (392) (391) YORK CONDO WEST OFUG- (6-281) (282) (389) SECON () U