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HomeMy WebLinkAbout25481• t " �l uy z i 7 3 TRANSFER ENTERED HENNEPIN COUNTY TAXPAYEP SERVICES LIAR 2 3 2001 0104MV M11 .• 1 v � N C� ro 0 O o m =�o© m MAW rM O Z. Z T A �D EASEMENT FOR SIGNAL PURPOSES J- THIS INSTRUMENT, made this L'Wday of , 200 by and between WEST 77 PENTAGON PARK LLC, a Delaware Limited Liability Company, parry 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 them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does quit claim and convey to said party of the second part an Easement in perpetuity for traffic signal and sidewalk purposes, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: See Exhibit "A" attached hereto, and by this reference, made a part thereof. By accepting this Deed, party of the second part agrees that: (i) it will be solely responsible for construction and installation of all landscaping, traffic signals, sidewalks F� and other improvements placed or installed on or in the property described in Exhibit A; (ii) that it will maintain, repair and replace such landscaping, traffic signals, sidewalks and other improvements in such fashion as is reasonably necessary to avoid the same becoming unsightly or a nuisance; and (iii) it will indemnify and hold harmless party of the first part and its successors and assigns in interest to the land of which the property described in Exhibit A is a part from all loss, costs, claims, damages and causes of action arising out of or in connection with: (a) any act or negligence of parry of the second part, its agents, contractors and others for whose acts party of the second part is responsible while on or about the property described in Exhibit A: or (b) any other act, event or occurrence on the property described in Exhibit A. IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be duly executed the day and year first above written. West 77 Pentagon Park LLC By: Mezz Borrower ill. LLC, its sole member By: Mezzanine Investors Partners, its managing member By: Taylor Simpson Capital Management, L.P., its managing general partner By: TSGP Inp../jts gert4fil Artner 3y B. Feldman President V a- STATE OF N'-e LA-1 ` ) ss: COUNTY OF A)Q L--' This instrument was acknowledged before me an by Jeffrey B. Feldman, Vice President of TSGP Inc., the general partner of Taylor Simpson Capital . Management L.P., the managing general partner of Mezzanine Investors Partners, the managing member of Mezz Borrower III, LLC, the sole member of West 77 Pentagon Park LLC, a limited liability company under the laws of Delaware, on behalf of the limited liability company. THERESA GUERRIERO Notary Public, State of New York No.5010983 Qualified in Nassau County This instrument was drafted by: Commission Expires April 12, City of Edina,3 4801 W: 50th Street :Edina, MN 55424 .. Matthew Edina Signal West 77 Pentagon�d� EXHIBIT "A" PROPOSED SIGNAL EASEMENT An easement over, under and across that part of Tract F, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, described as commencing at the northwest comer of said Tract F; thence on an assumed bearing of South, along the west line of said Tract F, a distance of 20.00 feet to a line lying 20.00 feet southwesterly of and parallel with the northeast line of said Tract F: thence southeasterly a distance of 48.20 feet along said parallel line, being a nontangential curve concave to-the southwest, having a radius of 171.98 feet, a central angle of 16 degrees 03 minutes 33 seconds and a chord which bears South 81 degrees 58 minutes 13 seconds East to the point of beginning of the easement to be described: thence continuing southeasterly along the last described curve and said parallel line, a distance of 83.42 feet, central angle of 27 degrees 47 minutes 27 seconds and a chord which bears South 60 degrees 02 minutes 44 seconds East; thence South 47 degrees 32 minutes 29 seconds West, not tangent to the last described curve, a distance of 36.44 feet; thence North 46 degrees 44 minutes 50 seconds West a distance of 58.59 feet: thence North 4 degrees 28 minutes _09 seconds West a distance of 25.77 feet to the point of beginning. GP:737215 v2 ci, EASEMENT FOR SIGNAL PURPOSES THIS INSTRUMENT, made this Ydday of , 200 , 6 Y and between WEST 77 PENTAGON PARK LLC, a Delaware Limited :. Liability Company, 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 them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does quit claim and convey to said party of the second part an Easement in perpetuity for traffic signal and sidewalk purposes, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: See Exhibit "A" attached hereto, and by this reference, made a part thereof. By accepting this Deed, party of the second part agrees that: (i) it will be solely responsible for construction and installation of all landscaping, traffic signals, sidewalks VA m z O In C-) .n M m M �L W-Zt�m m��'M z O ©' O ?D] n EASEMENT FOR SIGNAL PURPOSES THIS INSTRUMENT, made this Ydday of , 200 , 6 Y and between WEST 77 PENTAGON PARK LLC, a Delaware Limited :. Liability Company, 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 them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does quit claim and convey to said party of the second part an Easement in perpetuity for traffic signal and sidewalk purposes, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: See Exhibit "A" attached hereto, and by this reference, made a part thereof. By accepting this Deed, party of the second part agrees that: (i) it will be solely responsible for construction and installation of all landscaping, traffic signals, sidewalks VA 0 and other improvements placed or installed on or in the property described in Exhibit A; (ii) that it will maintain, repair and replace such landscaping, traffic signals, sidewalks and other improvements in such fashion as is reasonably necessary to avoid the same becoming unsightly or a nuisance; and (iii) it.will indemnify and hold harmless party of the first part and its successors and assigns in interest to the land of which the property described in Exhibit A is a part from all loss, costs, claims, damages and causes of action arising out of or in connection with: (a) any act or negligence of party of the second part, its agents, contractors and others for whose acts party of the second part is responsible while on or about the property described in Exhibit A: or (b) any other act, event or occurrence on the property described in Exhibit A. IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be duly executed the day and year first above written. West 77 Pentagon Park LLC By: Mezz Borrower lll. LLC, its sole member By: Mezzanine Investors Partners, its managing member By: Taylor Simpson Capital Management, L.P., its managing general partner By; TSGP InAAts_gene Al Artner :J�ffrey B. Feldman Vice President STATE OF N .e w K ss: COUNTY OF NQ w o IL ) This instrument was acknowledged before me an by Jeffrey B. Feldman, Vice President of TSGP Inc., the general partner of Taylor Simpson Capital . Management L.P., the managing general partner of Mezzanine Investors Partners, the managing member of Mezz Borrower 111, LLC, the sole member of West 77 Pentagon Park LLC, a limited liability company under the laws of Delaware, on behalf of the limited liability company. This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 Matthew Edina Signal We&[ 77 Pentagon THERESA GUERRIERO Notary Public, State of New York No. 5010983 Qualified in Nassau County Commission Expires April 12, 2—oc, l EXHIBIT "A" PROPOSED SIGNAL EASEMENT An easement over, under and across that part of Tract F, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, described as commencing at the northwest comer of said Tract F; thence on an assumed bearing of South, along the west line of said Tract F, a distance of 20.00 feet to a line lying 20.00 feet southwesterly of and parallel with the northeast line of said .Tract F: thence southeasterly a distance of 48.20 feet along said parallel line, being a nontangential curve concave to-the southwest, having a radius of 171.98 feet, a central angle of 16 degrees 03 minutes 33 seconds and a chord which bears South 81 degrees 58 minutes 13 seconds East to the point of beginning of the easement to be described, thence continuing southeasterly along the last described curve and said parallel line, a distance of 83.42 feet, central angle of 27 degrees 47 minutes 27 seconds and a chord which bears South 60 degrees 02 minutes 44 seconds East; thence South 47 degrees 32 minutes 29 seconds West, not tangent to the last described curve, a distance of 36.44 feet: thence North 46 degrees 44 minutes 50 seconds West a distance of 58.59 feet: thence North 4 degrees 28 minutes 09 seconds West a distance of 25.77 feet to the point of beginning. GP:737215 v2