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HomeMy WebLinkAbout2917Receipt 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 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 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. 192145v1 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 WHEREOF, the Grantor hereto has signed this document this ) q4� day of �v � k -f , 2017. By: Name: John Rulli Its: Senior Executive Vice President ---F— — Chief Administrative Officer STATE OF 1NPIANa ) )ss. COUNTY OF N.AalOr i ) The foregoing instrument was acknowledged before me this 11 day of MA`{ ,2017,by JWN 'a-tAUL-i the Se. V•P- of Southdale Center, LLC, a Delaware limited liability company, on behalf of said company. GA b RNK/cjh 2 192145YI Notary Publi DRAFTED BY: CAMPBELL KNUTsoN�o�� JENNIFER L. S Z U M S K I Professional Association s,• '��Notary Public, State of Indiana 860 Blue Gentian Road, Suite 290 �,� ?*; "' ;* Marion County Eagan, Minnesota 55121 : Commission # 625890SEAL y M commingle n-zyires Telephone: 651-452-5000 ''��,",°��� ��`"� Apr11 24, 2019 RNK/cjh 2 192145YI EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A permanent easement for sidewalks and utility purposes over, under and across that part of Tract B, REGISTERED LAND SURVEY NO. 1644, files of the Registrar of Titles, Hennepin County, Minnesota, lying northerly of a line 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 249.24 feet to an angle point in said easterly line of Tract B; thence North 1 I degrees 14 minutes 51 seconds East, along said easterly line of Tract B, a distance of 49.25 feet to a point of curvature in said easterly line of Tract B; thence northerly 148.37 feet, along said easterly line of Tract B, being a tangential curve concave to the west, having a radius of 133.00 feet and a central angle of 63 degrees 55 minutes 00 seconds to the point of beginning of the line to be described; thence North 72 degrees 24 minutes 15 seconds West 45.03 feet; thence South 85 degrees 27 minutes 46 seconds West 42.08 feet; thence on a bearing of West 35.94 feet; thence North 82 degrees 06 minutes 47 seconds West 52.95 feet; thence North 89 degrees 45 minutes 09 seconds West 88.48 feet; thence North 75 degrees 50 minutes 58 seconds West 46.39 feet to a westerly line of said Tract B and said line there terminating. 3 1921450 EXHIBIT 661399 TO GRANT OF PERMANENT EASEMENT PROPOSET MSE"NT S"TChi FOR: IUMMY-HORN, INC. Homewood Suites, Edina, MN W; �`�'"a N898 6� ' `" N8 o9'�yy w 66W SNEEEr N75•,+0,3g-'_ -'' �-gay _ ,,,� � �a $8,w Neg'45'Os"W N82'd&'S 135.94- 42.06 _e Com` 47"W WEST SW27'46 N72''I PROPOSED EASEMENT 5,754 SQ. FT 45.03 r 0 r� � rA 1-ln l s zz � l 9 1 i j7 J (.I :j t ---7803O20 , ~ Ir LT36.�9 .93 �5 'r") A e,T M1 VLY LINE OF TRACT B rf. © 6,6,- 0 5C 120 - s LHE of EAST ' BE CUR IER TRACT OF 1 TRA4T R SCALE IN FEST 49$0 SHEET +R OF Z SHEM 9U61 'coat B" omfigton Fre (32 . 4! 5J'' L31aom�ngtan, Minnesota 554303435 W ISUNDE J52-881-2455 (Eae 252-886 2526} 2012—Os2—F BX/76 T.24 R.24 5.29 $4T 2012052FOON—Ld"g ,�A11(D SURVEYING _ www.®undQ.carri _ _- 4 192145v1 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 192145v1