The URL can be used to link to this page

Home My WebLink About2916Receipt 5/19/2017 11:48 AM County Recorder/Registrar of Titles Auditor/Treasurer Hennepin County Package ID: 1547977 Doc # Document Name Fee T5443858 Easement $46.00 ---------------------------- T5443859 --------------------- Easement $46.00 -------------------------------------------------------------- T5443860 Easement $46.00 -------------------------------------------------------------- T5443861 Easement $46.00 Total $184.00 -- -- -- -- — -- Tender Amounts - — Check Check No: $184.00 Total $184.00 Existing Certs New Certs 1441878 Hennepin County, MN Date: 5/19/2017 11:53 AM Batch: 65969 Trans #: 2 Hennepin County Recorder's office 300 S. 6th Street A-500 Minneapolis MN 55487 612-348-5139 Receipt #:01944624 DOCUMENT RECORDING Package 70:1547977 Recording Fee $184.00 --------------- ------------------------- Transaction Total: $184.00 Check 11050 Tendered: $184.00 WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW Thank youl www.hennepin.us WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW (reserved for recording information) GRANT OF PERMANENT EASEMENT SOUTHDALE CENTER, 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 sidewalks and underground 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," subject to the terms of Exhibit "C." INCLUDING the rights ofthe 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 sidewalks and 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 sidewalks and utility systems. 192146v1 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 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. Notwithstanding the above, the rights, privileges and easements granted herein are expressly subject to, and Grantee, for itself, its successors and assigns, by the use and enjoyment of such rights, privileges and easements, does hereby agree to be bound by the terms and conditions set forth in Exhibit "C" attached hereto and incorporated herein by reference. IN TESTIMONY WIIEREOF, the Grantor hereto has signed this document this day of Ma )2017. STATE OF )WPAN A COUNTY OF MAr2-1ar*J )SS. GRANTO SOUTHD, By:_ Name: Its: LLC John Rulli Senior Executive Vice President — Chief Administrative Officer ^ The foregoing instrument was acknowledged before me this day of �Y l A- , 2017, by .)0� V KLI_ the S12. �--YCZtt 1 VE V -P — of Southdale Center, LLC, a Delaware limited liability company, on behalf of said company. CAO ,:)k) - Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK/cjh 192146v1 nnm JENNIFER L. SZUMSKI Notary Public, State of Indiana r• i t; ;,�: A��i��NDIAH`,,•`�` Marion County Cortimi§sion q 625890 My Trnii galOn Expire§ annn� April 24, 2014 2 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A 10.00 foot wide permanent easement for sidewalks and utility purposes over, under and across that part of Tract B, REGISTERED LAND SURVEY NC W64+, files of the Registrar of Titles, Hennepin County, Mimlesota. The centerline of said easement is described as commencing at the southeast corner of said Tract B; thence on an assumed bearing of North 18 degrees 14 minutes 51 seconds East, along the easterly line of said Tract B, a distance of 145.03 feet to the point of beginning of the centerline to be described; thence North 72 degrees 39 minutes 12 seconds West 32.60 feet; thence North 39 degrees 35 minutes 07 seconds West 113.93 feet; thence North 4 degrees 31 minutes 58 seconds East 7.95 feet and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said easterly line of Tract B. 192146v1 EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT A W'LY LINE OF TRACT a N� PROPOSED EASEMENT 'SKETCH FOR: KIWEY—SIORN, INC. Homewood Suites, Edina, M1Y N89sa x16911W _ N8,--45r`0,q nW W 3-6rH 5fR—EEr f -r[) A f lT 1 I>fly I D d=78 *JO 20 --- 27.00 r L=36'.99 QQ�7�� C� N4`31'58'E _,a F .s. P \ v" �W mopozo EA5EMEN� I 1,545 $0, FP. �o 32.60 t) l L1� RACRAClYr A I r� f E'LY LINE OF TRACT B �. 1 c� r rn w c, Ea 0 60 120 e % �` S L@7E OF EAST TFiACIX SFR SCALE IN FEET TRACT O 49. 60 I SH�r9T }s OF 2 SHEETS �.+ (350) • Sult+35 118 9ppl East Ingto JILMD SUNDEBlaomtngtan, , Mn tsoto IJlnnasota 55429-3435�r 952-881-2455 (Fax; 952-E88-9526) 2012-052-F 8.T6/n 1.25 R.24 539 SURVEYM www.eunrls.00m CMT 2a12OUFOO4.—Ldwg 4 192146v1 EXHIBIT "C" UTILITY EASEMENT PROVISIONS 1. Grantee shall install the utility facilities at such depth so as to not interfere with the use of the easement lands by Grantor or otherwise as a public sidewalk, and upon completion of such installation, Grantee shall furnish to Grantor a set of reproducible drawings which accurately depict the installed location of the utility facilities and the approximate original depth thereof. 2. Grantee shall thereafter perform all necessary maintenance, repairs and replacement of the utility facilities. 3. The installation, maintenance, repair and replacement of the utility facilities shall be accomplished at no cost or expense to Grantor and Grantee shall, at its expense, promptly restore the subsurface and surface of the land (including pavement, curbs, gutters, landscaping and the like) to the same condition that existed prior to such installation, maintenance, repair and replacement by Grantee. 4. Grantee agrees that there shall be no construction between October 16 and December 31 of any given year. 5. Grantor reserves to itself and its successors and assigns, tenants and others claiming by, through or under Grantor, the unrestricted use of the easement lands for pedestrian ingress and egress, and to make such other uses of the easement lands, including underground utilities, as are not herein expressly prohibited and are not inconsistent with the rights and easements herein granted. 6. Grantee will exercise its right under this Agreement in such a way as to not interfere with the conduct by Grantor or others claiming by, through or under Grantor of the business(es) now or hereafter located on the easement lands and on the lands located adjacent thereto. 5 192146A