HomeMy WebLinkAbout2883Doc No T05376220
Certified, filed and/or recorded on
Aug 15, 2016 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1437558M
Document Recording Fee $46.00
Multiple Certificates Affected Fee $60.00
Document Tota! !�! $106.00
Existing Certs
1390494, 1390502, 1390505, 1390506
This cover sheet is now a permanent part of the recorded document.
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GRANT OF PERMANENT EASEMENT
LMC EDINA HOLDINGS, LLC, a Delaware 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
easement for public 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".
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 utility 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 utility easement. The City shall be responsible for the maintenance and
operation of the watermain and sanitary sewer. In the event the City determines that it is necessary to
181952v1
excavate for repair of the watermain and sanitary sewer system, the City is not responsible for restoring
the ground surface to its original condition.
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.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this �
day of 52016.
, 2016.
GRANTOR:
LMC EDINA HOLDINGS, LLC
B
Dou b
Its: Vice President
I t.L1rn0I %
STATE OF M OT -A )
C.,'0tt. )ss.
COUNTY OF HENtiffR)
The foregoing instrument was acknowledged before me this G +v, day of
2016, by Doug Bober, Vice President — LMC Edina Holdings, LLC, a Delaware
Limited Liability.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh
181952vl
Notary Public
OFFICIAL SEAL
TERRI J SOLOMON
Notary Public - State of Illinois
My Commission Expires May 11, 2017 (.
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
LEGAL DESCRIPTION FOR PERMANENT WATER MAIN EASEMENT:
A 10.00 foot wide permanent easement for public utility purposes over, under and across part of
Lots 1, 2, 3 and 4, Block 2, YORK TERRACE, according to the recorded plat thereof, Hennepin
County, Minnesota, part of vacated West 67th Street and part of vacated York Avenue South as
dedicated in said plat of YORK TERRACE and part of Tract P, Registered Land Survey No. 432,
and part of Tract F, Registered Land Survey No. 629, files of the Registrar of Titles, Hennepin
County, Minnesota.
The center line of said easement is described as commencing at the southwest corner of Tract A,
Registered Land Survey No. 1357, files of the Registrar of Titles, Hennepin County, Minnesota;
thence South 00 degrees 06 minutes 27 seconds West, assumed bearing, along the west line of said
Tract F, Registered Land Survey No. 629, a distance of 13.83 feet to the point of beginning of said
center line; thence South 89 degrees 57 minutes 46 seconds East 25.77 feet to a point hereinafter
referred to as Point "A"; thence continuing South 89 degrees 57 minutes 46 seconds East 460.04
feet; thence South 56 degrees 31 minutes 31 seconds East 30.60 feet; thence on a bearing of South
4.49 feet to a point hereinafter referred to as Point "B"; thence continuing on a bearing of South
258.77 feet to a point hereinafter referred to as Point "C"; thence continuing on a bearing of South
9.32 feet; thence South 22 degrees 59 minutes 16 seconds West 50.62 feet; thence on a bearing of
West 118.61 feet; thence North 44 degrees 13 minutes 48 seconds West 33.81 feet; thence on a
bearing of West 134.45 feet; thence North 71 degrees 02 minutes 06 seconds West 46.00 feet;
thence on a bearing of West 78.66 feet; thence North 77 degrees 35 minutes 48 seconds West 16.15
feet to a point hereinafter referred to as Point "D"; thence continuing North 77 degrees 35 minutes
48 seconds West 39.72 feet; thence on a bearing of West 18.23 feet; thence North 00 degrees 03
minutes 49 seconds East 35.90 feet; thence South 89 degrees 27 minutes 12 seconds West 20.48
feet to the west line of said Tract F and said center line there terminating.
Together with a 10.00 foot wide permanent easement whose center line is described as beginning at
above described said Point "A"; thence South 00 degrees 02 minutes 14 seconds West 11.18 feet
and said center line there terminating.
Together with a 10.00 foot wide permanent easement whose center line is described as beginning at
above described said Point "B"; thence on a bearing of East 10.79 feet and said center line there
terminating.
Together with a 10.00 foot wide permanent easement whose center line is described as beginning at
above described said Point "C"; thence on a bearing of East 21.57 feet to the east line of said Lot 4
and said center line there terminating.
181952v1
Together with a 10.00 foot wide permanent easement whose center line is described as beginning at
above described said Point "D"; thence North 12 degrees 24 minutes 12 seconds East 9.69 feet and
said center line there terminating.
AND
LEGAL DESCRIPTION FOR SANITARY SEWER EASEMENT:
A 20.00 foot wide permanent easement for public utility purposes over, under and across part of
vacated York Avenue South as dedicated in the plat of YORK TERRACE, according to the
recorded plat thereof, Hennepin County, Minnesota and part of Tract P, Registered Land Survey
No. 432, and part of Tract F, Registered Land Survey No. 629, files of the Registrar of Titles,
Hennepin County, Minnesota.
The center line of said easement is described as commencing at the southwest corner of Tract A,
Registered Land Survey No. 1357, files of the Registrar of Titles, Hennepin County, Minnesota;
thence South 00 degrees 06 minutes 27 seconds West, assumed bearing, along the west line of said
Tract F, Registered Land Survey No. 629, a distance of 337.97 feet to the point of beginning of said
center line; thence on a bearing of East 287.17 feet and said center line there terminating.
1819520
181952vl
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
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MORTGAGE HOLDER
CONSENT TO EASEMENT
WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association,
which holds a Combination Mortgage, Assignment of Leases and Rents, Security Agreement And
Fixture Filing on all or part of the property more particularly described in the foregoing Grant of
Permanent Easement, which mortgage is dated July 29, 2015, and filed for record with the
Hennepin County Registrar of Titles on July 31, 2015, as Torrens Document No. T05277514, 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.
WELLS FARGO BANK, NATIONAL ASSOCIATION
Its: Vic- WSI&
STATE OF (C6("tn, )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this`' day of ,
2016, by C NNE Vlk-[ fn the of
Wells Fargo Bank, National Association, a national banking association, on its behalf.
NOTARY PUBLIC
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
1879090
MARIE C BARNES
Notary Public, North Carolina
Mecklenburg County
,.; My Commission Expires
April 13. 2019
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott. B. Knetsch
Joel J. Jamnik
Andreas McDowell Poehler
Soren M. Mattick
John F. Kelly
Flenry A. Schaeffer, III
Ahna Schwartz
Shana N. Conklin
Array B. Schutt
James J. Mong , III
Jerome -1. Porter
Kurt S. Fischer
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290, Eagan. MN 55121
651-452-5^,0"
Fax 651-234-623'
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CAMPBELL KNUTSON
September 7, 2016
Ms. Sharon Allison
City of Edina
7450 Metro Boulevard
Edina, Minnesota 55439
Re: Miscellaneous Recordings
Dear Sharon:
Enclosed per your request is the original recorded Grant of Permanent
Easement from LMC Edina Holdings, LLC to the City. Please note that this Grant of
Permanent Easement was recorded with the Registrar of Titles on August 15, 2016,
as Torrens Document No. 705376220.
If you have any questions regarding the above, please give me a call.
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Enclosure
178290v1
Very truly yours,
Campbell Knutson
Professional Association
By:
_'�N� � -k'"
Carole J. Hoeft
Legal Assistant