HomeMy WebLinkAbout3028CAMPBELL KNUTSON
PROFESSIONAL ®ASSOCIATION
September 24, 2019
Roger N. Knutson
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
Henry A. Schaeffer, Ill
Alina Schwartz
Shana N. Conklin
Amy B. Schutt
James J. MongC, III
Jerome M. Porter
David S. Kendall
Kurt S. Fischer
Thomas J. Campbell*
Ms. Jessica Wilson
do City of Edina
4801 West 50th Street
Edina, MN 55424
Re: City of Edina — Miscellaneous Recordings
Dear Ms. Wilson:
*Retired Enclosed please find the recorded Access Easement Agreement with Robert
Waldron and Leona Werner. Said easement was e-recorded on September 16, 2019
as Hennepin County document number T05644930.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
/`/1
Jean -Olson, Leg. • ssistant
/jmo
Enclosure
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290
Eagan, Minnesota 55121
Main: 651-452-5000
Fax: 651-234-6237
W ck-law.com
204940v1
iii III I I II II II II I I I I I II 1 Transfer Entered
Sep 16, 2019 8:07 AM
Hennepin County, Minnesota
Mark Chapin
County Auditor and Treasurer
PID(s)
30-028-24-42-0027
Existing Certs
269392, 1352642
Doc No T05644930
Certified, filed and/or recorded on
Sep 16, 2019 8:07 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1876135E
Document Recording Fee $46.00
Multiple Certificates Affected Fee $20.00
Document Total $66.00
This cover sheet is now a permanent part of the recorded document.
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT ("Agreement") is made, executed and
entered into this 21st day of August, 2019, Robert F. Waldron and Leona M Werner, husband
and wife ("Grantors").
RECITALS
A. Grantors are the owners of certain real property located in the City of Edina, County
of Hennepin and State of Minnesota, hereinafter referred to as "Parcel A" and
legally described as:
Lot 18, Block 1, Southdale Third Addition
B. The City of Edina, a Minnesota municipal corporation, ("Grantee"), is the owner of
certain real property located in the City of Edina, County of Hennepin and State of
Minnesota, hereinafter referred to as "Parcel B" and legally described as:
Lot 22, Block 1, Southdale Third Addition
C. Parcel "B" abuts Parcel "A".
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements
contained herein, and for other valuable consideration, the Grantors hereby declare that Parcel B
shall be benefited by and Parcel A shall be subject to, the following appurtenant easement, rights,
covenants and conditions, which shall run with the respective Parcel A and Parcel B and inure to the
benefit of and be binding upon the Grantors and the Grantee and their respective successors and
assigns.
1. Grant of Easement. The Grantors hereby grant, transfer and convey to the Grantee
for the benefit of Parcel B, an appurtenant perpetual access easement for vehicular and pedestrian
ingress and egress purposes over and across those portions of Parcel A described on the attached
Exhibit "A" for access by vehicles and pedestrians to and from public streets and driveways to
Parcel B ("Access Easement"). Grantee shall have no rights to use of any other portion of Parcel A,
202550v4 1
except only those rights specifically granted herein. Grantee may extend the buffer restoration area
on Parcel B to the easement, only with permission from Grantor.
2. Use of Access Easement. The Access Easement shall be used by Grantee solely for
vehicular and pedestrian ingress and egress purposes by and for Grantee, to perform work related to
wildlife habitat and natural resource restoration and enhancement, and related periodic maintenance.
No other right to use any other portion of Parcel A is granted hereunder.
3. Liability. Grantors shall have no liability for the injury of anyone using the access
easement unless caused by the gross negligence or willful misconduct of the Owner of Parcel A.
Subject to the limitations and immunities in Minnesota Statutes Chapter 466, Grantee agrees to
indemnify, defend and hold Grantors harmless from and against any and all claims, loss, damage,
liability and expense (including reasonable attorneys' fees) arising from Grantee's use of the
Access Easement.
4. Maintenance. Grantee shall promptly notify Grantors of, and restore any damage
to, the easement area caused by Grantee.
5. Title. The above named Grantors covenant with the City, its successors and assigns,
that Grantors are well seized in fee title of the above described easement premises; that Grantors
have the sole right to grant and convey the easement to the City; and that there are no unrecorded
interests in the easement premises.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands as of the day and
year first above written.
GRANTORS:
Robert F. F. Waldron
Leona M, Werner
STATE OF MINNESOTA
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this r k4C day of
AO&IA`r , 2019, by Robert F. Waldron and Leona M. Werner, husband and wife,
Grantors.
Notary Public
DRAFTED BY:
Campbell Knutson P.A.
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
(651) 452-5000
(RN K)
LISA A DEEGAN
Notary Public
State of Minnesota
My Commission Expires
January 31, 2020
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EXHIBIT "A"
Legal description of property:
Lot 18, Block 1, Southdale Third Addition, Hennepin County Minnesota
Legal description of permanent easement:
A permanent easement for access, across, on, under and through Lot 18, Block 1,
Southdale Third Addition, Hennepin County, Minnesota. Said easement is described as
follows.
Beginning from the North corner South 48 degrees 12 minutes 55 seconds East, a
distance of 95.00 feet; thence South 81 degrees 24 minutes 53 seconds West, a distance
of 71.66 feet: thence North 0 degrees 1 minutes 8 seconds East, a distance of 74.00 feet
to point of beginning.
[Property address: 6716 Point Drive, Edina, MN 55435 / PIN: 30-028-24-42-0027]
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EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
2621.74 SQ. FT.
\•
LOT 18, BLOCK 1, SOUTHDALE
THIRD ADDITION, HENNEPIN
COUNTY, MINNESOTA
6 7 1 6
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LOT 18, BLOCK 1, SOUTHDALE
THIRD ADDITION, HENNEPIN
COUNTY, MINNESOTA
A PERMANENT EASEMENT FOR ACCESS, ACROSS, ON, UNDER AND THROUGH LOT 18,
BLOCK 1, SOUTHDALE THIRD ADDITION, HENNEPIN COUNTY MINNESOTA. SAID EASEMENT IS
DESCRIBED AS FOLLOWS.
A PERMANENT EASEMENT TO BE HEREIN DESCRIBED; BEGINNING FROM THE NORTH
CORNER SOUTH 48 DEGREES 12 MINUTES 55 SECONDS EAST, A DISTANCE OF 95.00 FEET;
THENCE SOUTH 81 DEGREES 24 MINUTES 53 SECONDS WEST, A DISTANCE OF 71.66 FEET:
THENCE NORTH 0 DEGREES 1 MINUTES 8 SECONDS EAST, A DISTANCE OF 74.00 FEET TO
POINT OF BEGINNING.
PERMANENT ACCESS EASEMENT EXHIBIT
6716 POINT DR EDINA, MN 55435 PID: 3002824420027
CITY OF EDINA
ENGINEERING
DATE:
08/19/2019