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Transfer Entered
Jul 25, 2017 2:02 PM
HennepinCounty, Minnesota
Mark Chapin
County Auditor and Treas
PID(s)
30-028-24-41-0001
Existing Certs
1418911
111111111111111111111111111111111111111111111111111111
Doc No T05460906
Certified, filed and/or recorded on
Jul 25, 2017 2:02 PM
rer Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 120 Pkg ID 1575869C
Attested Copy or Duplicate Original $2.00
Document Recording Fee $46.00
Document Total $48.00
This cover sheet is now a permanent part of the recorded document.
GRANT OF PERMANENT EASEMENT
(Utilities)
SOUTHDALE OFFICE PARTNERS LLC, a Minnesota 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
non-exclusive 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" (the "Easement Premises").
The grant of easement provided herein includes a right of reasonable ingress to and egress
from the Easement Premises for 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,
at the City's sole cost and expense, 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
184817v1/10461887v5
interfering with the location, construction, and maintenance of said public utilities, provided that
such rights are subject to the following:
1. Excepting any improvements City makes to the Easement Premises in connection with
the aforementioned public utilities, City, at its own expense, shall restore, as nearly as
possible, the Easement Premises to the condition existing prior to City's entry onto the
Easement Premises.
2. Grantor, on behalf of itself, its successors, assigns, tenants, and licensees reserves the
right to use the Easement Premises in a manner not inconsistent with the rights herein
conveyed, or which does not interfere with or endanger City's improvements.
Notwithstanding the foregoing, the Grantor, its successors, assigns, tenants and licensees
shall be permitted to construct, reconstruct, install, maintain, repair and replace the
improvements that may encroach upon the easement area, if any, as shown on the site
plan attached hereto as Exhibit "B" and any existing utility lines that may encroach upon
the easement area, if any. The provisions of this grant shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
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.
[signature follows on next page]
184817v1/10461887v5
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this 24th
July
day of Ame, 2017.
GRANTOR:
SOUTHDALE OFFICE PARTNERS LLC,
a Minnesota limited liability company
By: SOUTHDALE PARTNERS MN LLC,
a Minnesota limited liability company
Its: Administrative Member
By:
Name: De J. Doy
Its: Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
u-�a
The foregoing instrument was acknowledged before me this day o e, 2017, by
Dennis J. Doyle, the Chief Manager of Southdale Partners MN LLC, a Minnesota limited liability
company, the Administrative Member of Southdale Office Partners LLC, a Minnesota limited
liability company, Grantor.
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
RNK/cjh
184817v1/10461887v5
Notary Public
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184817vl/10461887v5
OTA/31/20
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of Easement Area
A 10.00 foot wide easement over, under and across the following described property:
That part of the Southeast Quarter of Section 30, Township 28, Range 24, Hennepin County,
Minnesota, lying Easterly of the Westerly line of Valley View Road except that part thereof
lying South of the North line, and its Westerly extension, of the plat of South Office Park
First Addition, which lies southerly of a line described as commencing at the northeast
corner of said Southeast Quarter of Section 30; thence on an assumed bearing of South 0
degrees 06 minutes 27 seconds West, along the east line of said Southeast Quarter of
Section 30, a distance of 1763.76 feet to the point of beginning of the line to be described;
thence North 89 degrees 59 minutes 23 seconds West 276.85 feet; thence South 44 degrees
39 minutes 10 seconds West 80.81 feet; thence South 19 degrees 26 minutes 15 seconds
West 102.32 feet to said north line, and its westerly extension, of the plat of South Office
Park First Addition and said line there terminating. EXCEPT those portions taken as street
or road.
The center line of said easement is described as commencing at the intersection of said east line of
the Southeast Quarter and said north line, and its westerly extension, of the plat of South Office
Park First Addition; thence North 89 degrees 53 minutes 33 seconds West, along said north line,
and its westerly extension, of the plat of South Office Park First Addition, a distance of 131.56 feet;
thence North 00 degrees 00 minutes 00 seconds East 8.75 feet; thence North 45 degrees 00 minutes
00 seconds West 77.53 feet to the northerly right of way line of West 69th Street and the point of
beginning of the center line to be described; thence continuing North 45 degrees 00 minutes 00
seconds West 22.09 feet; thence northwesterly 123.22 feet, along a non-tangential curve, concave to
the northeast having a radius of 285.03 feet, a central angle of 24 degrees 46 minutes 10 seconds
and a chord that bears North 62 degrees 51 minutes 50 seconds West; thence North 00 degrees 14
minutes 17 seconds East 50.46 feet and said center line there terminating.
184817v1/I0461887v5
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
Depiction of Easement Area
(see next page)
184817v1/10461887v5
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MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
Associated Bank, National Association, a national banking association, which holds a
mortgage on all or part of the property more particularly described in the foregoing Grant of
Permanent Easement, which Mortgage, Security Agreement, Fixture Filing and Assignment of
Leases and Rents is dated February 24, 2016 and recorded February 29, 2016, as Document No.
T05329935 with the office of the Registrar of Titles for Hennepin County, Minnesota, for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby
join in, consents and is subject to the above referenced easement document.
Dated this 9✓ day of J e, 2017.
Associated Bank, National Association,
a national banking -association
By
Its:
STATE OF
)ss.
COUNTY OF
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foregoing instrument was acknowledg d before me this 2c, day of✓,(2017, by
,—redtte the S of Associated Bank, National
Association, a national banking association, on its behalf.
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THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
RNK/cjh
181639v]/10461886v5
1
o Public
GRANT OF PERMANENT EASEMENT
(Utilities)
SOUTHDALE OFFICE PARTNERS LLC, a Minnesota 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
non-exclusive 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" (the "Easement Premises').
The grant of easement provided herein includes a right of reasonable ingress to and egress
from the Easement Premises for 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,
at the City's sole cost and expense, 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
184817v1/10461887v5
interfering with the location, construction, and maintenance of said public utilities, provided that
such rights are subject to the following:
1. Excepting any improvements City makes to the Easement Premises in connection with
the aforementioned public utilities, City, at its own expense, shall restore, as nearly as
possible, the Easement Premises to the condition existing prior to City's entry onto the
Easement Premises.
2. Grantor, on behalf of itself, its successors, assigns, tenants, and licensees reserves the
right to use the Easement Premises in a manner not inconsistent with the rights herein
conveyed, or which does not interfere with or endanger City's improvements.
Notwithstanding the foregoing, the Grantor, its successors, assigns, tenants and licensees
shall be permitted to construct, reconstruct, install, maintain, repair and replace the
improvements that may encroach upon the easement area, if any, as shown on the site
plan attached hereto as Exhibit "B" and any existing utility lines that may encroach upon
the easement area, if any. The provisions of this grant shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
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.
[signature follows on next page]
184817v1/10461887v5
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this
day of June, 2017.
SOUTHDALE OFFICE PARTNERS LLC,
a Minnesota limited liability company
By: SOUTHDALE PARTNERS MN LLC,
a Minnesota limited liability company
Its: Administrative Member
By:
Name: Dennis J. Doy e
Its: Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day o e, 2017, by
Dennis J. Doyle, the Chief Manager of Southdale Partners MN LLC, a Minnesota limited liability
company, the Administrative Member of Southdale Office Partners LLC, a Minnesota limited
liability company, Grantor.
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
RNK/cjh
184817v1/10461887v5
i
)AIAxu/a�
Notdry Public
=-NOTARY
ARA M DEVAHL
PUBLIC • MINNESOTA
SSION EXPIRES 01/31/20
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of Easement Area
A 10.00 foot wide easement over, under and across the following described property:
That part of the Southeast Quarter of Section 30, Township 28, Range 24, Hennepin County,
Minnesota, lying Easterly of the Westerly line of Valley View Road except that part thereof
lying South of the North line, and its Westerly extension, of the plat of South Office Park
First Addition, which lies southerly of a line described as commencing at the northeast
corner of said Southeast Quarter of Section 30; thence on an assumed bearing of South 0
degrees 06 minutes 27 seconds West, along the east line of said Southeast Quarter of
Section 30, a distance of 1763.76 feet to the point of beginning of the line to be described;
thence North 89 degrees 59 minutes 23 seconds West 276.85 feet; thence South 44 degrees
39 minutes 10 seconds West 80.81 feet; thence South 19 degrees 26 minutes 15 seconds
West 102.32 feet to said north line, and its westerly extension, of the plat of South Office
Park First Addition and said line there terminating. EXCEPT those portions taken as street
or road.
The center line of said easement is described as commencing at the intersection of said east line of
the Southeast Quarter and said north line, and its westerly extension, of the plat of South Office
Park First Addition; thence North 89 degrees 53 minutes 33 seconds West, along said north line,
and its westerly extension, of the plat of South Office Park First Addition, a distance of 131.56 feet;
thence North 00 degrees 00 minutes 00 seconds East 8.75 feet; thence North 45 degrees 00 minutes
00 seconds West 77.53 feet to the northerly right of way line of West 69th Street and the point of
beginning of the center line to be described; thence continuing North 45 degrees 00 minutes 00
seconds West 22.09 feet; thence northwesterly 123.22 feet, along a non-tangential curve, concave to
the northeast having a radius of 285.03 feet, a central angle of 24 degrees 46 minutes 10 seconds
and a chord that bears North 62 degrees 51 minutes 50 seconds West; thence North 00 degrees 14
minutes 17 seconds East 50.46 feet and said center line there terminating.
184817v1/I0461887v5
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
Depiction of Easement Area
(see next page)
184817v1/10461887v5
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184817v1/10461887v5
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
Associated Bank, National Association, a national banking association, which holds a
mortgage on all or part of the property more particularly described in the foregoing Grant of
Permanent Easement, which Mortgage, Security Agreement, Fixture Filing and Assignment of
Leases and Rents is dated February 24, 2016 and recorded February 29, 2016, as Document No.
T05329935 with the office of the Registrar of Titles for Hennepin County, Minnesota, for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby
join in, consents and is subject to the .b/ove referenced easement document.
�M w
Dated this _2Q_ day of Rtee, 2017.
Associated Bank, National Association,
a national banking association
By. ,t
Its:
STATE OF y ,7 3.y )
)ss.
COUNTY OF
d
e foregoi71'4)
instrument was acknowledge, before me this 2, day of J�, 2017, by
!'in �r� the ��l .g of Associated Bank, National
Association, a national banking association, on its behalf
z w L
Heavy'laio
"M 6.r.. .r31. xou
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
RNK/cjh
181639v1/10461886v5
otary Public