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NEW YORE, NEW YORK 10022
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(202)857 -0700
3 GRACECHURCH STREET
LONDON EC3V OAT, ENGLAND
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Ms. Candice L. Fiedler
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
DORSEY & WHITNEY
A PARTNER.RIP INCLUDING PROFHS -.- CORPORATIONS
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402-1498
612) 340 -2600
TELEX 29 -0605
FAX (612)340-2868
deEtt Allen
Le Assistant
(6 2) 440.28M
June 16, 1992
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201 FIRST AVENUE, S. W., SUITE 340
ROCHESTER, MINNESOTA 55902
(507)288-3156
1200 FIRST INTERSTATE CENTER
BILLINGS, MONTANA 59103
(406)252-3800
507 DAVIDSON BUILDINO
GREAT PAL 8, MONTANA 59401
(406)727 -3632
127 EAST FRONT STREET
MISSOULA, MONTANA 59802
(406) 721 -6025
801 GRAND, SUITE 3900
DES MOINES, IOWA 50309
(515) 283-1000
Re: Sidewalk Easement and Subordination /Southdale Medical Center
Dear Candice:
Enclosed is the recorded Easement which was memorialized on
Certificate No. 767841 as Document No. 2236444 on February 12, 1992.
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Also enclosed is a Quit Claim Deed dated December 10, 1991, filed,/
March 4, 1992 as Document No. 5883899 in the Office of the County Recorder' The
Deed is signed Gegax & Gullett, a Minnesota partnership, by Donald M. Gullett,
partner.
Very truly yours,
S
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deEtt Allen
Assistant to Jerome P. Gilligan
ADA:ml
Enclosure
cc: Jerome P. Gilligan, Esq.
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120391
THIS INSTRUMENT, Made this Lk-L)'-day of December, 1991,
by and between NCSM Limited Partnership, party of the first
part, and the City of Edina, a municipal corporation organized
under the laws of the State of Minnesota, party of the second
part;
WITNESSETH, That the said party of the first part,.in
consideration of One and No /100 Dollars ($1.00), to it in hand
paid by the said party of the second part, the receipt whereof
is hereby acknowledged, does hereby Grant, Bargain, Quit -Claim
and Convey to said party of the second part an Easement in
perpetuity for sidewalk purposes, in, under, and over the
following described property situate in the County of Hennepin
and State of Minnesota, to -wit:
That part of Tract "A ", R.L.S. #1234, Hennepin County,
Minnesota, lying South and East of the line described as
follows:
Commencing at the Southeast corner of said Tract "A ", thence
North along the East line of said Tract A 65 feet to the
Northerly right -of -way line of West 66th Street; thence West
along said right -of -way line on an assumed bearing of North 89
degrees 20 minutes 30 seconds West 199.91 feet to the point of
beginning;tthence North 83 degrees 29 minutes 03 seconds West
114.53 feet; thence North 71 degrees 30 minutes 24 seconds West
33.75 feet; thence North 89 degrees 20 minutes 30 seconds West
143.97 feet; thence Northwest along a nontangential curve
concave to the Northeast with a chord bearing of North 53
degrees 54 minutes 52 seconds West, central angle of 23 degrees
44 minutes 29 seconds, radius of 60.00 feet.24.86 feet; thence
South 47 degrees 57 minutes 22 seconds West 5.00 feet to the
Northerly line of said right -of -way and there terminating.
Should a relocation of sidewalks by the City of Edina render
the subject easement unnecessary for sidewalk purposes, this
easement shall terminate, at the option of party of the first
part, upon thirty days' notice to party of the second part.
3385r
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IN TESTIMONY WHEREOF, The said party of the first part
has caused these presents to be duly executed the day and year
first above written.
NCSM LIMITED PARTNERSHIP
By NCSM Investors, Inc.
v. Its G ne Partner
By
Michael H. Maney
Its Vice President
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
1-,The foregoing instrument was acknowledged before me
this 11 day of December, 1991, by Michael H. Maney, the Vice
President of NCSM Investors, Inc., a Minnesota corporation, the
general partner of NCSM Limited Partnership, a Minnesota
limited partnership, on behalf of the corporation and limited
partnership.
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NOTARY PUBLIC— Wr�'d2L�TitA
NcNNEPIN COUNTY
My Commission Expires Feb. 21, 1996
(Notarial Seal)
This instrument was drafted by:
- 2 -
City of Edina
4801 West 50th Street
Edina, Ainnesota 55424
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120391
The undersigned, pursuant to the following described
documents, is the holder of liens on and interests in the
property subject to the easement granted to the City of Edina
by the Easement for Sidewalk Purposes (the "Easement ") to which
this Subordination is attached:
1. Mortgage filed as Document No. 2065946, as amended
by Document Nos. 2152310 and 2206067;
2. Assignment of Rents and Leases filed as Document
No. 2065947; and
3. Financing Statement filed as Document No. 2073068;
all in the Office of the Registrar of Titles, Hennepin
County, Minnesota.
The undersigned does hereby agree that it shall be bound by and
comply with the terms and conditions of said Easement in the
event it becomes the owner of the property subject to said
Easement, and further agrees that the liens and interests
created by the above documents and all renewals, modifications
and extensions thereof, are and shall be subordinate to the
rights granted to the City of Edina by said Easement.
GENERAL ELECTRIC CAPITAL
CORPO ION
By
t
And
Its
STATE OF Texas )
) s s
COUNTY OF Dallas ) January, 1992
The foregoing S bordination was acknowledged before me
this 13th,day of , , by Larry Mohr
and , the Sr. Project Manager
and respectively, of GENERAL ELECTRIC
CAPITAL CORPORATION, a New York corporation, on behalf of said
corporation.
Notary Public
3388r
- 1
223644*-GGm due,,-
OFFICE OF THE REGISTRAR
OF TITLES
MENNEPIN COUNTY, MINNESOTA
CERTIFIED FILED ON
FEB 12 1992
,:: f /-\ n
OF TITIEE