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EVERGREEN LAND SERVICES CO. 6110 BLUE CIRCLE DRIVE, SUITE 140 MINNETONKA, MN 55343 (952) 930 -3100 • Fax (952) 935 -0862 (888) 411 -1134 June 27, 2002 Bill Heinlein Seagate Technology LLC 7801 Computer Avenue South Edina, MN. 55435 RE: West 77' Street Phase II, Parcel 5 Dear Mr. Heinlein: Please find enclosed for your file a copy of the recorded easement document associated with the property at 4625 West 77"' Street. Thank you for your assistance and cooperation; if you have any questions concerning the easement please call me at 952- 930 -3100. If you have questions regarding the construction on West 77ffi, please direct your inquiries to Wayne Houle, Director of Public Works, City of Edina. (952- 826 - 0443). i erel , url gsby Acquisition Agent Successfully serving our clients since 1972 rr`rca1() 001 py TRANSFER ENTERS' HENNEPIN COUNTY TAXPAYER SERVILEt MAY 3 1 2002 '0 r� "17 r M CITY OF EDINA EASEMENT n -G W N C> ry X m z O M m "n 0 Yr m :fll00Q m m M c' 02 G) z� a o Parcel No.: 05 Project: W- 77TH -ST -02 THIS INSTRUMENT, made this day o , 20 0 Z, by and between Seagate Technology LLC, a(n) limited Lability company unde a laws of a State of Delaware, Grantor, and the City of Edina, a municipal corporation under the laws of the State of4linnesota, Grantee. WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said Grantee an Easement in perpetuity for 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: Utility Easement for 4675 W. 77th Street as follows: A permanent easement for utility purposes over and across the South 3 feet of the North 7 feet of Tract K, RLS No. 1050 according to the recorded plat thereof, Hennepin County, Minnesota; and also an Utility Easement for W. 77th Street (No Assigned Address) as follows: A permanent easement for utility purposes over and across the South 3 feet of the North 7 feet of Tract N and the West 'h of Tract O, RLS No. 1050 according to the recorded plat thereof, Hennepin County, Minnesota; and also a Public Walkway Easement for 4675 W. 77th Street as follows: A permanent easement for Public Walkway purposes over and across the north 4 feet of Tract K, RLS No. 1050 according to the recorded plat thereof, Hennepin County, Minnesota; and also a Public Walkway Easement for W. 77th Street (No Assigned Address) as follows: A permanent easement for Public Walkway purposes over and across the north 4 feet of Tract N, and the West '/2 of Tract O, RLS No. 1050 according to the recorded plat thereof, Hennepin County, Minnesota. It is the intention and agreement of the parties hereto that the Grantee shall in the construction or maintenance of said utilities, replace any sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. s' CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of JllilJ G' 2VA2 ss. On YgPW.,- %q `y2 before me, Sf�SCri� � S/? OGU� /VOtG7✓ 1// U Date Name and Title of Officer (e.g., "Jane Doe, Notary blic ") personally appeared AII&I Let 121 Name(s) of Signer(s) SUSAN SHOWERS Commissi on # 1196986 -,s Notary Public - California Santa Cruz County My Comm. Fires Sep 27, 21M Place Notary Seal Above 64 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose nameks) is /are subscribed to the within instrument and acknowledged to me that he /sheftFrey executed the same in his /hef4h.@i# authorized capacity(-ie*, and that by his / "befAI -o_ r signature(s) on the instrument the person(-s), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. ^ Signature oY Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: c w Q Document Date: Number of Pages: Signer(s) Other Than Named Above: abe fi -(, L. 67e- i Se__ Capacity(ies) Signer's Name: El Individual ❑ Corporate O 1:1 Partner — ❑ Attorney in ❑ Trustee ❑ Guardian or ❑ Other: KCI med b Si ner flbe Top of thumb here fficer — Title(s): El [I General Fact Conservator Signer Is Representing: Sea r4 ,eC1 k162b2!Q0 © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of SakjA 0"2 On JaguAru 41, Z©d Z , before me, SUS'CG4 ,r. S'lt boer ,5. A% fal'V 41116 Date ` Name and Title of Officer (.g., "Jane Doe, otary Public ") personally appeared �fl, art �. 6ei'5e Name(s) of Signer(s) SUSAN R. SHOWERS Z %My Commission # 1196986 Notary Public - California Santa Cruz County C omm.8 pmSep27,2102 Place Notary Seal Above [�(personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /a;e subscribed to the within instrument and acknowledged to me that he /sheA" executed the same in his /#erftheir authorized capacity(ies), and that by his /hefM, i signature(s) on the instrument the person(-&), or the entity upon behalf of which the person( &) acted, executed the instrument. WITNESS my hand and official seal. sw oq Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: –(711 V 0 Document Date: Signer(s) Other Than Named Above: 4111,0 k l e r b l Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ,1"'A4A-�e Le- © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 -4 ) [ C" i • �' � 5��,`310 ca SCANNED �. 0 0 2f § rill M T .� 0 0 TRANSFER ENTERED h -.i ° -" —+ W 1iENN4PIN COUNTY TAXPAYER SERVICES --I f77 M r- �rn L U MAY 1 200 . � 1 2 M -4 O m L 1 -p p Z Q D t<w w uNARINQQu r I! 0 w 9V,r, N �A t CITY OF EDINA EASEMENT Parcel No.: 05 Project: W- 77TH -ST -02 THIS INSTRUMENT, made this /lY day of , 20 ©Z— , by and between Seagate V� - Technology LLC, a(n) limited liability company under a laws 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 them in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said Grantee an Easement in perpetuity for 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: Utility Easement for 4675 W. 77th Street as follows: A permanent easement for utility purposes over and across the South 3 feet of the North 7 feet of Tract K, RLS No. 1050 according to the recorded plat thereof, Hennepin County, Minnesota; and also an Utility Easement for W. 77th Street (No Assigned Address) as follows: A permanent easement for utility purposes over and across the South 3 feet of the North 7 feet of Tract N and N O the West % of Tract O, RLS No. 1050 according to the recorded plat thereof, Hennepin County, Minnesota; and also a Public Walkway Easement for 4675 W. 77th Street as follows: A permanent easement for Public Walkway purposes over and across the north 4 feet of Tract K, RLS No. 1050 r3o,raccording to the recorded plat thereof, Hennepin County, Minnesota; and also a Public Walkway Easement for W. 77th Street (No Assigned Address) as follows: o A permanent easement for Public Walkway purposes over and across the north 4 feet of Tract N, and the West % of Tract O, RLS No. 1050 according to the recorded plat thereof, Hennepin County, Minnesota. It is the intention and agreement of the parties hereto that the Grantee shall in the construction or maintenance of said utilities, replace any sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. NOW THEREFORE, until the parties hereto agree otherwise in writing, the City Of Edina shall maintain the walkway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives and contractors 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 claimed or alleged to arise out of, the negligence of Edina, its employees, officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the walkway. 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: GRANTEE: Seagate Technology J C City of Edina BY &L,— /r—d Crcrt p.. By Its S 2 D t 4 uz rvY• BY J-• E Its r e STATE OF MINNESOTA County of Its M yor o he City f E' a B s° Its City Manager of the City of Edina The foregoing instrument was acknowledged before me this day of & the 20 , by and of Seagate Technology LLC, a(n) limited liability company under the laws of the State of Delaware, on behalf of the limited liability company. 1 " 4T'TQ<A W- D * '5tAT' V- of CA(-i €o2A;I /A 4t-(- Date commission expires: Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 20 , by , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Date commission expires: STATE OF MINNESOTA Notary Public COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this da y of `'lG. 20 U L , b�,eW✓l) OZ- 41C , the City Manager of the City of Edina, a municipal corporation under the laws of the State aLldinnemta_ on behalf of the rrn,n;c;nat nnrnnrnt;nn DARLENE R. WALO� NOTARY PUBLIC-MINNE49P My Commission Expires Jan. 81, 2005 THIS INSTRUMENT WAS DRAFTED BY: Evergreen Land Services 6110 Blue Circle Drive, Suite 140 Minnetonka, MN 55343 952- 930 -3100 (RETURN INSTRUMENT TO DRAFTEE) Notary Public Date commission exp'C'� —� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California � ss. County of sQ �c ( /ra-z- On a Qr lu Zf Z before me, S U:5a M R, 5hLk2ef�S rU p e Name and Title of Officer (e.g., "Jane Doe, Notary Publi : personally appeared eq zz b) Name(s) of Signer(s) SUSAN R. SHOWERS Commission # 1196986 Z Notary Public - California Santa Cruz County My Comm. Expos Sep77, 702 Place Notary Seal Above D4 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is /&Fe subscribed to the within instrument and acknowledged to me that he /&he*t executed the same in hislherrthe'f- authorized capacity(t -_*, and that by his /"e4the!F signature( on the instrument the person(, or the entity upon behalf of which the person(-s-) acted, executed the instrument. WITNESS my hand and official seal. Signbture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Dc Title or Type of Document: P r Document Date: Number of Pages: Signer(s) Other Than Named Above: Qbp-rt L � E iSP Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fe_C, Yl.0112G3U Z © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 -876 -6827 Ab I CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of &t& o-G9 Z ss. On J6 UCH/-a before me, SU c17 Sl?DC�>%rS �/110fAr 1/ P1�11`G Date Name and Title of Officer(e.g., "Jane [toe, Notary Public ") personally appeared UlLP L Cie 5& Name(s) of Signer(s) SUSAN R. SHOWERS Commission # 1196986 Z Notary Public - California Santa Cruz 6MY Comm. Fires Sep 27, 2�'1 Place Notary Seal Above X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s-) whose names) is /efe- subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his /"eFithe* authorized capacity(-ies), and that by his / "��4- signatureW on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. fK Signs ure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Pocu Title or Type of Document: Document Date: Signer(s) Other Than Named Above: L e- i 61 Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: 00, ©5- ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: l eGj,/e,l/ � q l64- © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1 -500- 676 -6827