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Home My WebLink About2559A F Py z nm 41 z O O Z : o� ro FX C7 T z rn M 0M z CITY OF EDINA EASEMENT Parcel No.: 06 Project: W -7 i 1 fi-ST -02 THIS INSTRUMENT, made this day of , 20 Z, by and between West 77 Pentagon Park LLC, a limited liability company under the la s of the State of Delaware, Grantor, and the City of Edina, a municipal corporation under the laws of the State of Minnesota, Grantee. WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does Quit Claim arid' convey, to said Grantee in perpetuity, Easements for the public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: Public Road Right of Way described as follows: The South 2 feet of Tract D, RLS No. 1218, Files of the Registrar of Titles, Hennepin County, Minnesota; and the South 2 feet of Tract E, RLS No. 1218 , Files of the Registrar of Titles, Hennepin County, Minnesota; and also Public Road Right of Way described as follows: An easement over, under and across that part of Tracts F and G, Registered Land Survey No. 1218, files of the Registrar of Titles, Hennepin County, Minnesota, lying easterly, southeasterly and southerly of a line described as commencing at the most easterly southeast corner of said Tract F; thence on an assumed bearing of North 0 degrees 42 minutes 07 seconds West, along the east line of said Tracts F and G, a distance of 289.32 feet to the point of beginning of the line to be described; thence South 9 degrees 06 minutes 27 seconds West a distance of 41.09 feet; thence South 0 degrees 42 minutes 07 seconds East a distance of 240.07 feet; thence southwesterly a distance of 53.92 feet along a tangential curve, concave to the northwest, having a radius of 39.00 feet and a central angle of 79 degrees 12 minutes 35 seconds; thence South 78 degrees 30 minutes 28 seconds West, tangent to said curve, a distance of 66.51 feet; thence South 87 degrees 53 minutes 10 seconds West a distance of 148.16 feet; thence South 89 degrees 49 minutes 03 minutes West a distance of 194.90 feet to the west line of said Tract F and said line there terminating; and also a Signal Easement described as follows: An easement over, under and across that part of Tract F, Registered Land Survey No. 1218, files of the Registrar of Titles, Hennepin County, Minnesota, lying southeasterly of a line described as commencing at the most easterly southeast corner of said Tract F; thence on an assumed bearing of North 0 degrees 42 minutes 07 seconds West, along the east line of said Tract F, a distance of 19.23 thence South 44 degrees 35 minutes 33 seconds West a distance of 97.43 feet to the south line of said Tract F and said line there terminating; and also an Utility Easement described as follows: An easement over, under and across that part of Tracts F and G, Registered Land Survey No. 1218, files of the Registrar of Titles, Hennepin County, Minnesota, lying southerly, southeasterly and easterly of, within 3.00 feet of and adjoining a line described as commencing at the southwesterly corner of said Tract F; thence on an assumed bearing of North 0 degrees 15 minutes 36 seconds West, along the west line of said Tract F, a distance of 5.00 feet; thence North 89 degrees 49 minutes 03 seconds East a distance of 194.90 feet; thence North 87 degrees 53 minutes 04 seconds East a distance of 147.83 feet; thence North 78 degrees 30 minutes 27 seconds East a distance of 51.98 feet; thence North 44 degrees 35 minutes 33 seconds East a distance of 53.85 feet; thence North 0 degrees 42 minutes 07 seconds West a distance of 201.94 feet; thence northerly a distance of 77.01 feet along a tangential curve, concave to the east, having a radius of 430.45 feet and a central angle of 10 degrees 15 minutes 03 seconds; thence northerly a distance of 54.48 feet along a reverse curve concave to the west, having a radius of 412.45 feet and a central angle of 7 degrees 34 minutes 05 seconds, and said line there terminating; and also an Utility Easement described as follows: A permanent easement for utility purposes over and across the North 3 feet of the South 5 feet of Tract D, Registered Landl Survey No. 1218 files of the Registrar of Titles, Hennepin County, Minnesota; and also a permanent easement for utility purposes over and across the North 3 feet of the South 5 feet of Tract E, Registered Landl Survey No. 1218 files of the Registrar of Titles, Hennepin County, Minnesota; and also an Utility Easement described as follows: A permanent easement for utility purposes over and across the South 2 feet of Tract C, Registered Land Survey No. 1218 files of the Registrar of Titles, Hennepin County, Minnesota; and also an Utility Easement described as follows: A permanent easement for utility purposes over and across the South 2 feet of Tract B, Registered Landl Survey No. 1218 files of the Registrar of Titles, Hennepin County, Minnesota; and also an Utility Easement described as follows: A permanent easement for utility purposes over and across the South 2 feet of Tract A, Registered Land Survey No. 1218 files of the Registrar of Titles, Hennepin County, Minnesota; and also a Public Walkway Easement described as follows: An Public Walkway Easement over, under and across that part of Tracts F and G, Registered Land Survey No. 1218, files of the Registrar of Titles, Hennepin County, Minnesota, lying easterly of, within 5.00 of and adjoining a line described as commencing at the most easterly southeast corner of said Tract F; thence on an assumed bearing of South 44 degrees 34 minutes 48 West, along the southeasterly line of said Tract F, a distance of 43.74 feet; thence North 29 degrees 01 minute 44 seconds West a distance of 7.87 feet to the point of beginning of the line to be described; thence North 60 degrees 58 minutes 16 seconds East a distance of 5.57 feet; thence northerly a distance of 36.60 feet along a tangential curve, concave to the northwest, having a radius of 34.00 feet and a central angle of 61 degrees 40 minutes 23 seconds; thence North 0 degrees 42 minutes 07 seconds West, tangent to the last described curve, a distance of 201.79 feet; thence northerly a distance of 76.48 feet along a tangential curve concave to the east, having a radius of 427.45 feet and a central angle of 10 degrees 15 minutes 03 seconds; thence northerly a distance of 39.56 feet along a reverse curve, concave to the west having a radius of 415.45 feet and a central angle of 5 degrees 27 minutes 19 seconds, to the east line of said Tract G and said line there terminating. It is the intention and agreement of the parties hereto that the Grantee shall in the construction or maintenance of said public road, signal, utilities and public walkway, replace any sod or other landscaping removed or disturbed in connection with such construction or maintenance work, in as nearly as possible the same condition as existed prior to such construction or maintenance. NOW THEREFORE, until the parties hereto agree otherwise in writing, Grantee, at its sole expense, shall maintain the public improvements including the public walkway, signal, utilities and public walkway in good and operating condition without cost to the Grantor, its successors or assigns and shall hold the Grantor, its successors and assigns and their respective agents and contractors and the officials, officers, directors, shareholders, members, managers, governors, employees, and representatives of any of the foregoing harmless from and indemnified against any loss, cost or damage or expense, including, without limitation, reasonable attorney's fees whether suit be brought or not, due to any claim or demand arising out of or in connection with, or claimed or alleged to arise out of or in connection with, the negligence of Grantor, its employees, officers, agents, representatives or contractors in so constructing or maintaining, or failing to so maintain, said public improvements or the use by any person of the areas subject to the easements herein granted or the improvements located thereon. All of the provisions hereof shall run with the land and shall extend to and bind the successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has caused this instrument to be duly executed the day and year first above written. GRANTOR: West 77 Pentagon Park LLC By Mezz Borrowers III, LLC, its sole member ByMezzanine Investors Partners, its managing member By Taylor Simpson Capital Management, L.P., its managing general partner By TSGP Inc., its general partner GRANTEE: City of Edina Ah W \J B G�7 Y By: J . F ldman Its Mayor f the Fily of Edi Its: Vic P sident LM Its City Manager of the City of Edina . t STATE OF NEW YORK County of New York The foregoing instrument was acknowledged before me this Qj � day of �Uu , 20_0c-� _, 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 laws of Delaware, on behalf of the limited liability company. STATE OF MINNESOTA COUNTY OF HENNEPIN "00 PMI C - 8>.M W New Ybrk N0.0 /CLSMIS? _ 0000 In " Coui* Notary Public he foregoi71X6—,,,)Lb ment was acknowledged before me this ! 7 day of �corporaton , 20 QZ , b � lUN1S , the Mayor of the City of Edina, a municipa e r the laws of the State of Minn ,po oration. t G - ENE R. WAL I NOTARY PUBLIC•ivii N My Commission Expires Jan. 31, 2005 Notary Public M AAf#VVV X Date commission ex 2o�' STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this — day o , 20 6 Z , by GOP—DdnJ • f - (of %�S, the City Manager of the City of Edina, a nicipal orporation under the laws of the State of Minnesota, on behalf of the i' uki3Y PUoL!C- P.�ii'NNESCrA My Commission Expires Jan. 31, 2005 THIS INSTRUMENT WAS DRAFTED BY: Evergreen Land Services 6110 Blue Circle Drive, Suite 140 Minnetonka, MN 55343 952- 930 -3100 Date commission Notary Public 31,E (RETURN INSTRUMENT TO DRAFTEE)