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HomeMy WebLinkAbout2876., Existii 13953 Doc No T05356474 This cover sheet is now a permanent part of the recorded document. 02C it, GRANT OF PERMANENT EASEMENT 66 West LLC, a Minnesota limited liability company (the "Grantor"), the property owner of the land having a street address of 3330 West 66th Street, Edina, MN 55435 and Property ID #2902824240030, legally described on Exhibit A attached hereto and incorporated herein (the "Property"), 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" (the "City"), its successors and assigns, a permanent easement for sidewalk purposes over, across, on, under, and through the Property legally described and depicted on Exhibit "B" and Exhibit C" attached hereto and incorporated herein (the "Easement Area"). INCLUDING the rights of the City, its contractors, agents, servants and assigns, to enter upon the permanent Easement Area at all reasonable times to construct, reconstruct, inspect, repair, and maintain said sidewalk over, across, on, under, and through the permanent Easement Area, together with the right to grade, level, fill, drain and excavate the permanent Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of the sidewalk easement. 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, 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 Property; that it has the sole right to grant and convey US.106639868.0201 3L S1 1 IT LE, the easements to the City; that there are no unrecorded interests in the Property; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this Zd rday of June, 2016. GRANTOR: 66 West LLC By: Its: 5—Pe-&Ast7 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Z� y of June, 2016, by LQe&1l) , the APSl.-t' 5' 1 6 West LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Edina 4801 West 50th Street Edina, Minnesota 55424-1394 US.106639868.0201 KIRK D. MOORHEAD Notary PWft 810% M Miaft " My tkffunpt$iM E.*nno ►at,:o�s EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The Land described in the referenced instrument is located in Hennepin County, Minnesota, and is described as follows: The South 300 feet of Lot 2, as measured along the West line of said lot from the Southwest corner thereof in Block 3, Southdale Acres, Hennepin County, Minnesota. Torrens Certificate of Title No. 1395331. US.106639868.0201 EXHIBIT B PERMANENT EASEMENT DESCRIPTION: A permanent easement for sidewalk over and across a portion of the South 300 feet of Lot 2, Block 3, Southdale Acres, according to the recorded plat thereof, Hennepin County, Minnesota. Said easement is described as follows: Commencing at the southwest corner of said Lot 2; then North 00 degrees 25 minutes 16 seconds West (bearing based on the Hennepin County Coordinate System, NAD83, 1996 adjustment), along the west line of said Lot 2, a distance of 21.60 feet; then South 38 degrees 12 minutes 51 seconds East a distance of 5.87 feet; then South 00 degrees 25 minutes 16 seconds East a distance of 17.00 feet to the south line of said Lot 2: thence North 89 degrees 45 minutes 12 seconds West, along said south line, a distance of 3.60 feet to the point of beginning. Said easement contains 69 square feet. US. 106639868.0201 EXHIBIT C DEPICTION OF EASEMENT AREA US. 106639868.04 LPr 1KEYSTO WALL � 34 �4'7 +. a 22" ELM 0 RIM 8$0.84 FL* INV 87x;:42 W I ' WV w 'TCF-, BANK W SET a PLY(W--iO ca Zino. 811.14 _..___..._ . 23 £ n 510Tr 881,18 881).88 BRICK SDE 080. Y Y 90" WATER MA { IFY WITH t 348880.63 -- K OF LOT 2-'- ',. 4' a • . {,POtN�:t)E �E�INNII�IG _ © ' � s• P`Rl C3 �t3F �jQsm' •. . . .'•S �� !TI . . . .• .. .t. US. 106639868.04 MORTGAGE HOLDER CONSENT TO EASEMENT WESTERN BANK, A DIVISION OF AMERICAN NATIONAL BANK, A SUCCESSOR BY MERGER TO WESTERN BANK, NATIONAL ASSOCIATION, a national banking association, which is the holder of a Combination Mortgage, Security Agreement and Fixture Financing Statement filed on all or part of the property more particularly described in the foregoing Grant of Permanent Easement (the "Mortgage"). Said Mortgage was originally in favor of Twin Cities Community Land Bank LLC, a Minnesota non-profit limited liability company, and was dated November 3, 2014, and filed on November 4, 2014, as Document No. T05212129 and the Assignment of Leases and Rents dated November 3, 2014 and filed as Document No. T05212130 (the "Assignment of Rents"); the Mortgage and the Assignment of Rents were assigned to Western Bank, National Association by Assignment of Mortgage filed on December 15, 2014, as Document No. T05221182 with the Hennepin County Registrar of Titles, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to and subjects its interest in the property subject to the foregoing Grant of Permanent Easement. WESTERN BANK, A DIVISION OF AMERICAN NATIONAL BANK, A SUCCESSOR BY MERGER TO WESTERN BANK, NATIONAL ASSOCIATION By: ,_ C G 1� Its: �y V { CSC/ E_At��-r STATE OF M i n n cso f a- ) )SS. COUNTY OF /D1,1 o K a ) The foregoing instrument was acknowledged before me this cy& day of Jun e- 2016, 2016, by airvlLi ar((Son the 5r. ti/ ►o _ of Western Bank, a Division of American National Bank, a success by merger to Western Bank, National Association, a national banking association, on behalf of the national association. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTsoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 US. 106639868.04 Attu 1W a,5)&VC _ NOTARY PUBLIC 1, 1 LENDER CONSENT TO GRANT OF PERMANENT EASEMENT The undersigned party to that certain Second Combination Mortgage, Security Agreement and Fixture Financing Statement dated November 3, 2014, fled on November 4, 2014, as Document No. T-5212131, in the office of the County Registrar of Titles, Hennepin County, Minnesota, encumbering land within the County of Ramsey, State of Minnesota, does hereby consent and subordinate its interest to that certain Grant of Permanent Easement dated June Ute, 2016. IN WITNESS HEREOF, the undersigned has caused this Consent to be executed this 2.drZ day of June, 2016. TWIN CITIES COMMUNITY LAND BANK, LLC By: 4Cly C Sandra L. Oakes Its: President STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of June, 2016 by Sandra L. Oakes, the President of Twin Cities Community Land Bank, LLC, a Minnesota non- profit limited liability company, on behalf of the company. � �`�""�' HEIDI VARGHESE yo �, ` � � _o Notary Publio-Minnesota �''Y ConYmItBion Expires Jan 31, 2020 US. 106639868.04 ota ublic