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HomeMy WebLinkAbout3003No delinquent taxes Transfer Entered Doc No T05571537 Certified, filed and/or recorded on Oct 26, 2018 3:47 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 120 Pkg ID 1752865E Document Recording Fee $46.00 II I II I iii Oct 26, 2018 3:47 PM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer Document Total $46.00 PID(s) 18-028-24-14-0141 Existing Certs 1456926 This cover sheet is now a permanent part of the recorded document. No delinquent taxes Transfer Entered Doc No A10605181 Certified, filed and/or recorded on Oct 24, 2018 3:44 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1751860E Document Recording Fee $46.00 Document Total $46.00 I I I Oct 24, 2018 3:44 PM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer PID(s) 18-028-24-14-0110 This cover sheet is now a permanent part of the recorded document. GRANT OF PERMANENT EASEMENT. THIS EASEMENT AGREEMENT ("Agreement") is made and entered as of the 1-4 day of October, 2018, by and between the HOUSING .AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a public body corporate and politic of the State of Minnesota ("BRA"), and morcH MONSON and JAN Y. MONSON, husband and wife ("Grantors"). RECITALS A. -BRA is the fee owner of the real property locoed at 3930, 3936, 3940 and 3944 Market Street, which property is legally described on Exhibit A ("BRA Property"); B. Grantors are the fee owners of the property abutting the HRA Property at 3945 49th Street West, which property is legally described on Exhibit B ("Grantor Property");. C. In connection with the improvements located on. the BRA Property, the HRA requires a permanent easement for a fence, retaining wall and drain tile over the southerly portion of the Grantor Property legally described in Exhibit C and depicted in Exhibit D ("Easement Premises"); NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to it in hand paid by the HRA, the receipt and sufficiency of which is hereby acknowledged by Grantors, the parties agree as follows: 1 199395v5 1. Grant of Easement. Grantors hereby grant the ERA, its successors and assigns, a permanent non-exclusive easement over, across, on and through the Easement Premises for fencing, re-wining wall and drain tile purposes ("Improvements"). This grant of easement includes the rights of the ERA, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said Improvements over, across, on, under, and through Easement Premises, together with the right to grade, level, fill., drain, and excavate the Easement Premises, and the further right to imuove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said Improvements. Grantors hereby grant the HRA an easement of access on, over and through so much of the Grantor Property as reasonably necessary for the purpose of construction, maintenance, repair, replacement and removal of the Improvements. The easement for access shall be for the foregoing purposes only, preceded by 24 hours' notice for maintenance and 5 business days' notice for a major repair or replacement. - Grantors do not warrant that the Easement Premises are suitable for the purposes for which they are permitted to be used under this Easement. ERA assumes all risk with respect to its activities within the Easement Premises. The HRA Acknowledges and agrees that this easement does not grant the nA any estate or other interest in the Easement Premises or any part thereof, except the easement expressly described herein. 2. Conditions. As a condition of Grantor granting said permanent easement, the ERA. agrees as follows: A. The HRA shall be solely responsible for maintenance, repair, replacement and removal of the Improvements, including keeping the Improvements in a safe condition and in. 199395e5 2 good order, condition and repair, including all costs and expenses related thereto. The ERA shall, upon completion of construction, maintenance, repair, replacement and removal restore the ground surface of the Easement Premises and the Grantor Property to its original condition so far as is reasonably practicable. The HRA sball be responsible for the repair and restoration of any damage done to the Grantor Property by the ERA, its employees, agents, or contractors. Grantors shall be responsible for all costs for damage to the Improvements located within the Easement Premises caused by Grantors. Grantors shall not alter the Improvements in any way, including drilling, nailing or making any attachments to the fence located within the Easement Premises. B. The HRA will maintain a drain tile system within the Easement Premises and HRA Property to direct storm water to the storm drain located on the BRA Property and away from the Grantor Property. C. Bnvitonmental Compliance. BRA covenants, represents and warrants to the Grantors: (i) that they will not use or permit the Easement Premises to be used, whether directly or through contractors, agents or tenants, for the generating, transporting, treating, storage, manufacture, emission of, or disposal of any Hazardous Materials as hereafter defined in violation of any federal, state or local law, regulations, ordinance or requirements governing Hazardous Materials; (ii) that there have been no investigations or reports involving HRA by any governmental authority which in any way pertain to Hazardous Materials relating to the Easement Premises; and (iii) that their use of the Easement Premises will not violate any federal, state or local law, regulation, . ordinance or requirement governing Hazardous Materials. Hazardous Materials are defined as any dangerous, toxic or hazardous pollutants, chemicals, waste, polychlorinated biphenyls, asbestos, formaldehyde, petroleum, including crude oil or any 199395v5 3 fraction thereof, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel or mixtures thereof or substances as defined in the Comprehensive Environmental Response Compensation and. Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq., or the Resource Conservation and Recovery Act of 1976, as amended; 42 U.S.C. 6901, et seq., or the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq., or the Minnesota Environmental Response and Liability Act, as amended, Minn._Stat. Ch. 115S, or any other federal, state or local environmental laws, statutes, regulations, requirements or ordinances. The HRA shall not commit or permit any act to be performed on the Easement Premises or omission to occur which will be in violation of any statute, regulation or ordinance of any governmental body or which will be in violation of any insurance policy carried on the Easement Premises by the Grantors. 3. Indemnification. Subject to the statutory limits under Minnesota Statutes chapter . 466, the BRA will indemnify, defend and hold. Grantors harmless from any and all claims, liabilities or causes of action, including attorneys' fees and costs, arising out of the breach of any covenants obtained herein and the use of the easements by the BRA, and its employees, contractors and agents, except to the extent caused by the gross negligence or willful misconduct of Grantors, their guests, contractors, invitees, successors or assigns. Nothing herein shall be deemed a. waiver by the HRA of the limits of liability set forth in Minnesota Statutes, Chapter 466 and the HRA sha 1 not be obligated to indemnify the Grantors for any Amounts in excess of the limits set forth therein, less any amounts that the BRA is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. 4. Grantors' Covenant. The above named Grantors, for themselves, their successors and assigns, do covenant with the BRA, its successors and assigns, that they are well 199395v5 seized in fee title of the above described Grantor Property; that they have the sole right to grant and convey the easements identified in this Agreement to the HRA; that there are no 'unrecorded interests in the Grantor Property; and that they will indemnify and hold the HRA harmless for any breach of the foregoing covenants. [Remainder of Page Intentionally Left Blank] [Signature Pages Follow.] 199395v5 5 IN TESTIMONY WHEREOF, the Grantors hereto have signed this document on the date(s) indicated. GRANTORS: Dated: 6at-040-- 70/0 STATE OF iteiYe-pfmtA )ss. COUNTY OF tose-tiveles.) The foregoing instrument was acknowledged before me this 61t-, day of October, 2018, by Mitchell J. Monson, spouse of Jan Y. Monson. LILkAk.PUDJOVVIBOW0... COMM. #2171407 tiotARiOt.#3.• impFoRNIA LOS ANGELES pour rr Comm. Exp, JAN. 23, 2021 199395v5 6 KATHLEEN BURG BEGLEY tsigfiARY PO BUG -MINNESOTA My Commission Expires - January 31, 2020 a/V4t-tel- )N14-4-X NOTARY PUBLIC Li Dated: to a Jan Y. Monson STATE OF MINNESOTA )ss. COUNTY OF Hennepin The foregoing instrument was acknowledged before me this 7 day of October, 2018, by Jan Y. Monson, spouse of Mitchell J. Monson. 199395v5 7 IN TESTIMONY WHEREOF, the HRA hereto has signed this document this I 14" day of 0 C43ICA , 2018. HRA: HOUSING AUTHORITY REDEVELOPMENT MINNESOTA 1 ,11) rA, B : „ak .NJ/ il1111.4.. ames B. oviand, Its Chair STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this l ( day of October, 2018, by James. B. Hovland, Robert I. Stewart, and. Scott Neal, the Chair, Secretary and Executive Director, respectively, of the HOUSING :AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a public body corporate and politic of the S orol esota, on its behalf. NOTARY p A :LIC DRAFIBD BY: CmasamlNurscu ProfessionalAssociation Grand Oak Office Center 860 Blue Gentlae.Roarl, Suite 290 Engfin, lVfumesota 55121 Telephone: 651-452-5000 SHARON M. ALLISON Notary Public-Minnesota My Commission Expires Jon 31, 2020 199395v5 EXHIBIT "A" • TO GRANT OF PERMANENT EASEMENT Legal Description of HRA Property (3930 to 3944 Market Street): Lot 1, Block 1, Edina Market Street, according to the recorded plat thereof, Hennepin County, Minnesota. 199395v5 9 EXHIBIT "B" TO GRANT OF PERMANENT EASE1VIENT Legal Description of Grantor Property (3945 491h Street West): That part of Lot 1, Block 1, V.H Adams Addition, Hennepin County, according to the recorded plat thereof, lying East of the West 8 feet of Lot 1. .199395v5 10 • EXHIBIT "C" TO GRANT OF PERMANENT EASEMENT Legal Description of Permanent Easement Premises: An. easement over, across, on, under, and. through the South 2.00 feet of the East 47.00 feet of the West 55.00 feet of Lot 1, V.H. ADAMS ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota_ I99395v5 11 Itst iimE Or LOT 4, v.it MOS MOTION O TA A L A 1' 13 h V F-1 ti n Li 04 A SOON WE OF LOT 4. APAtte Apturiett--...1 WOOER Fr.liCE mown trir) FENCE MO WALL EASEMENT CONTANS g4 SQ. FT. L t. tl t. K rN this( k I r_-7 Er-r- c"-rE) lir•k 04110.1-%4 I 4 tt-t-1 0 f)ESCRIPTJON OF FENCE AND WALL EASEMENT Art deeeffiesIt over, and florets the Soar, 2.00 feet of the East 47.00 feat of the West uakia feet OF La 1. YR AIMS ADDRION, oercareing to the retarded plat thereof, Hennepin County; Minnesota. • I hereby certify theft thia*Itat, piano or report was moored by rno ortabsier my direct gOperVie100 orld that I CM a- duly iiPateed 1.4344:1 SurVeyer %unto, the Iowa of the Mate of tuttnnesatct Oateti this Sitt day of Ootober. 2018 SUNDE SURVEYING. LIG, By; ArmAro..., Mee d. Cor son P.L MIttn, Lic. N©. 44900 23317-X15-111 MOMS ra, itbk nan eatacasatrarrAo SUN DE ire p5A-est-24*1 (Rua ‘457-4305-9520 eio.r.g4o, itwunobOa 1435' . LANDSCOMING www413m40,0orn .—ELJEL.1.37je-11_‘4Lh oa. PAM:M. WALL-N EXHIBIT "D" TO GRANT OF PERMANENT EASEMENT Depiction of Easement Premised: 1.99395v5 12 GRANT OF PERMANENT EASEMENT THIS EASEMENT AGREEMENT ("Agreement") is made and entered as of the /1 171 day of October, 2018, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a public body corporate and politic of the State of Minnesota ("HRA"), and MITCHELL J. MONSON and JAN Y. MONSON, husband and wife ("Grantors"). RECITALS A. HRA is the fee owner of the real property located at 3930, 3936, 3940 and 3944 Market Street, which property is legally described on Exhibit A ("HRA Property"); B. Grantors are the fee owners of the property abutting the HRA Property at 3945 49th Street West, which property is legally described on Exhibit B ("Grantor Property");. C. In connection with the improvements located on the HRA Property, the HRA requires a permanent easement for a fence, retaining wall and drain tile over the southerly portion of the Grantor Property legally described in Exhibit C and depicted in Exhibit D ("Easement Premises"); NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to it in hand paid by the HRA, the receipt and sufficiency of which is hereby acknowledged by Grantors, the parties agree as follows: 1 199395v5 1. Grant of Easement. Grantors hereby grant the HRA, its successors and assigns, a permanent non-exclusive easement over, across, on and through the Easement Premises for fencing, retaining wall and drain tile purposes ("Improvements"). This grant of easement includes the rights of the HRA, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said Improvements over, across, on, under, and through 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 Improvements. Grantors hereby grant the HRA an easement of access on, over and through so much of the Grantor Property as reasonably necessary for the purpose of construction, maintenance, repair, replacement and removal of the Improvements. The easement for access shall be for the foregoing purposes only, preceded by 24 hours' notice for maintenance and 5 business days' notice for a major repair or replacement. Grantors do not warrant that the Easement Premises are suitable for the purposes for which they are permitted to be used under this Easement. HRA assumes all risk with respect to its activities within the Easement Premises. The HRA Acknowledges and agrees that this easement does not grant the HRA any estate or other interest in the Easement Premises or any part thereof, except the easement expressly described herein. 2. Conditions. As a condition of Grantor granting said permanent easement, the HRA agrees as follows: A. The HRA shall be solely responsible for maintenance, repair, replacement and removal of the Improvements, including keeping the Improvements in a safe condition and in 199395v5 2 good order, condition and repair, including all costs and expenses related thereto. The HRA shall, upon completion of construction, maintenance, repair, replacement and removal restore the ground surface of the Easement Premises and the Grantor Property to its original condition so far as is reasonably practicable. The HRA shall be responsible for the repair and restoration of any damage done to the Grantor Property by the BRA, its employees, agents, or contractors. Grantors shall be responsible for all costs for damage to the Improvements located within the Easement Premises caused by Grantors. Grantors shall not alter the Improvements in any way, including drilling, nailing or making any attachments to the fence located within the Easement Premises. B. The HRA will maintain a drain tile system within the Easement Premises and HRA Property to direct storm water to the storm drain located on the HRA Property and away from the Grantor Property. C. Environmental Compliance. HRA covenants, represents and warrants to the Grantors: (i) that they will not use or permit the Easement Premises to be used, whether directly or through contractors, agents or tenants, for the generating, transporting, treating, storage, manufacture, emission of, or disposal of any Hazardous Materials as hereafter defined in violation of any federal, state or local law, regulations, ordinance or requirements governing Hazardous Materials; (ii) that there have been no investigations or reports involving HRA by any governmental authority which in any way pertain to Hazardous Materials relating to the Easement Premises; and (iii) that their use of the Easement Premises will not violate any federal, state or local law, regulation, ordinance or requirement governing Hazardous Materials. Hazardous Materials are defined as any dangerous, toxic or hazardous pollutants, chemicals, waste, polychlorinated biphenyls, asbestos, follualdehyde, petroleum, including crude oil or any 199395v5 3 fraction thereof, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel or mixtures thereof or substances as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq., or the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., or the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq., or the Minnesota Environmental Response and Liability Act, as amended, Minn._Stat. Ch. 115B, or any other federal, state or local environmental laws, statutes, regulations, requirements or ordinances. The HRA shall not commit or permit any act to be performed on the Easement Premises or omission to occur which will be in violation of any statute, regulation or ordinance of any governmental body or which will be in violation of any insurance policy carried on the Easement Premises by the Grantors. ' 3. Indemnification. Subject to the statutory limits under Minnesota Statutes chapter 466, the HRA will indemnify, defend and hold Grantors harmless from any and all claims, liabilities or causes of action, including attorneys' fees and costs, arising out of the breach of any covenants obtained herein and the use of the easements by the HRA, and its employees, contractors and agents, except to the extent caused by the gross negligence or willful misconduct of Grantors, their guests, contractors, invitees, successors or assigns. Nothing herein shall be deemed a waiver by the BRA of the limits of liability set forth in Minnesota Statutes, Chapter 466 and the BRA shall not be obligated to indemnify the Grantors for any amounts in excess of the limits set forth therein, less any amounts that the HRA is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. 4. Grantors' Covenant. The above named Grantors, for themselves, their successors and assigns, do covenant with the BRA, its successors and assigns, that they are well 199395v5 4 seized in fee title of the above described Grantor Property; that they have the sole right to grant and convey the easements identified in this Agreement to the HRA; that there are no unrecorded interests in the Grantor Property; and that they will indemnify and hold the HRA harmless for any breach of the foregoing covenants. [Remainder of Page Intentionally Left Blank] [Signature Pages Follow.] 199395v5 5 Mi chell J. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document on the date(s) indicated. GRANTORS: Dated: 74/0 STATE OF e,difeentA ) )ss. COUNTY OF tos evt9eles' ) The foregoing instrument was acknowledged before me this rvvft-, day of October, 2018, by Mitchell J. Monson, spouse of Jan Y. Monson. LILIAN PUDJOWIBOWO COMM.* 2177407 3 NOTARY PUBLIC • CALIFORNIA 8 LOS ANGELES COUNTY -a Corrirtiry.v.v.v_v_4;grs....v.v.v.v.N.N3cp. JAN. 23, 2021 N 199395v5 6 Dated: kAms Jan Y. Monson STATE OF MINNESOTA ) )ss. COUNTY OF Hennepin ) The foregoing instrument was acknowledged before me this 2018, by Jan Y. Monson, spouse of Mitchell J. Monson. Y-4 7 day of October, KATHLEEN BURG BEGLEY NOTARY PUBLIC - MINNESOTA My Commission Expires January 31, 2020 NOTARY PUBLIC U 1436/44°- 199395v5 7 James B. Hovland, Its Chair BRA: HOUSING AUTHORITY REDEVELOPMENT INA, MINNESOTA B Robert J. Ste Secretary IN TESTIMONY WHEREOF, the HRA hereto has signed this document this I4& day of Nod , 2018. Attested By: co Neal, Exec give to STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this t I day of October, 2018, by James. B. Hovland, Robert J. Stewart, and Scott Neal, the Chair, Secretary and Executive Director, respectively, of the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, e MINNESOTA, a public body corporate and politic of the S . e esota, on its behalf. NOTARY P LIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 SHARON M. ALLISON Notary Public-Minnesota My Commission Expires Jan 31, 2020 199395v5 8 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT Legal Description of HRA Property (3930 to 3944 Market Street): Lot 1, Block 1, Edina Market Street, according to the recorded plat thereof, Hennepin County, Minnesota. 199395v5 9 EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT Legal Description of Grantor Property (3945 49th Street West): That part of Lot 1, Block 1, V.H Adams Addition, Hennepin County, according to the recorded plat thereof, lying East of the West 8 feet of Lot 1. 199395v5 10 EXHIBIT "C" TO GRANT OF PERMANENT EASEMENT Legal Description of Permanent Easement Premises: An easement over, across, on, under, and through the South 2.00 feet of the East 47.00 feet of the West 55.00 feet of Lot 1, V.H. ADAMS ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. 199395v5 11 FENCE AND WALL EASEMENT CONTAINS 94 SO, FT. eTh t.33 t", 1 d ;r7r-NrNi A L_L)t A ft DVC.T c"'rE) C—r ivtni 1/2,r \L_I L_. StI '' rg=':,::17.44112. Ha LAno$17RVEYING www,mmds...N-11 0 7:11•47 WtSt LN Or LOT I, V.1-1:. ADAMS AMITION A 0 I I A V Fl r A IVt A rk r^, h n Li Li 1 SOOTH LINE OF LOT ADAM AMMON as *47 WOODEN FENM pon virfri FOOTING (iY31)—,, DESCRIPP0N._.0E F.E.N.CLAND_WALL ,EASEMELIT An easement over, arid woes the South 2.00 feet of the East 47.00 feet of the West 55.00 feet of Lot 1. V.H. ADAMS ADD[TION, oaaording to tho recorded plot thereof, Flonneprn County, Minnesota. hereby certify that this pkatph, plan, qt- report was prepPred by rn or under my direct supervKion and that I em a duly Licensed Lend Surveyor under the lows of the tote of Minnesota. Doted Ole ,5th day of Octob.er, 2015 SUNDE LAN -U,RVEYING, LLC, 13y1 Arlee. J. Cartsan, Isiihn. tic. No., 44900 z Ol7-005- 0,1(3,3$35. Ti28. ftbi, 1153aEfilla3AT344.1 1(1:3K EXHIBIT "D" TO GRANT OF PERMANENT EASEMENT Depiction of Easement Premised: 199395v5 12