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MAY 3 1 2002 b6 c) 1,J 0 3563,9 ( �0 5- 3i -o__._ CITY OF EDINA ' EASEN ENT b� 2 ]Parcel No.: 17 Project: W- 77TH -ST -02 THIS INSTRUMEN -l', made this ' � day of � r, L , 20 © I , by acid between Oak Grove Properties, a(n) limited partnership under the Iaws of the State of Minnesota, Grantor, and the City of Edina, a municipal corporation under the laws of the State of Minnesota, Grantee. VWTNEyS.ETH, that the Grantor, in consideration of One and N01100 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: Public Road Right of Way Easement for 4445 W. 77th Street as follows: An easement over and across the North 2 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also an easement over and across the North 2 feet of Tract P, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also an Utility Easement for 4445 W, 77th Street as follows: A permanent easement for utility purposes over and across the South 3 feet of the North 10 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also a permanent easement for utility purposes over and across the South 3 feet of the North 10 feet of Tract P, RLS No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also Public Walkway Easement for 4445 77th Street as follows: A permanent easement for Public Walkway purposes over and across the South 5 feet of the North 7 feet of Tract P, Registered Land Survey No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also a permanent easement for public Walkway purposes over and across the South 5 feet of the North 7 feet of Tract Q, RLS No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota. ZO 'd Z9809H 'ON XH S301 AESCNVI NENOHl13 X9:01 INA ZO -K -ddv 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 wifh such construction or maintenance work, in as nearly as possible the sane, 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 attom.ey's fees whether suit be brought or not due to any elaiyn or demand arising out of or claimed or alleged to arise out of, the negligence of Edina, its employees, offl 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. 1 IN WITNESS WHEREOF, the grantor has caused this inst urneat to be duly executed the day and year t;rs-t above written. GRANTOR: U Grove P o�iert' By J, s R. R.' y Its Genera,[ Partner STATE OF MINNESOTA County ofkv-}� GRANTEE: City of Edina V \A � By��N.( I pr-© .4—M Its Mayo�,of the, City of By Its City Manager of the City of Edina 'rhe foregoing instrumcn.t was acknowledged before me this 'Q 6_ day of , 4Ar- L �, 20 O�, by James R. Riley the General Partner of Oak Grove Properties, a(n) limited partnership under the laws of the State of Minnesota, on behalf of the limited partnership. DAVID E. MiSNER - Notary Public Notary Public; Minnesota i % My G•rmmission Fmiras Jan. 31, 2005 Date connnission expires: _ 3 0 S-� .�.,nn 'A 7gRngP.F nN n.4 S301AN3SGNV1 N33KEA3 05 , 01 Idd ZO -K -Ndv i ATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this �` day of G' , 20 i� Z , by ff�}��- �-_ �L% the Mayor pro tem of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. C? �- • DARLENE R. WUIN NOTARY PUBLIC- MINNEWTA My Commission Expires Jan. 31, 2005 commission STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public 3 /. �6 r-, � The foregoing instrument . as acknowledged before me this r%� day of g g 20 Q2- , by a�W g/ al— . the City Manager of the City of Edina, a manic' al corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. -- ....... A.AAAAAAAMZn_ , P Date commission Notary Public EVERGREEN LAND SERVICES CO. 6110 BLUE CIRCLE DRIVE, SUITE 140 MINNETONKA, MN 55343 (952) 930 -3100 • Fax (952) 935 -0862 (888) 411 -1134 June 28, 2002 Gregory M. Bennett, Esq. Rider Bennett Egan & Arundel 333 South Seventh Street Minneapolis, MN 55402 RE: West 77"' Street Phase II, Parcel 17 Oak Grove Properties Dear Mr. Bennett: Please find enclosed for your file a copy of the recorded easement document associated with the property at 4445 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 77', please direct your inquiries to Wayrpe�Houle, Director of Public Works, City of Edina. (952- 826 - 0443). Acquisition Successfully serving our clients since 1972 TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES MAY 31 2002 M N;N6Pl NTY MINN UV a�`ro ,►3 l � ok .916 f - -: m < 2-7, r. n 1 rr1 i Qu M, 5) ' fl,'� «a�; � r•4 r CITY OF EDINA EASEMENT Parcel No.. 1.7 Project: W- 77TH -ST -02 THIS INSTRUMENT, anade this day of _A , L , 20 OZ , by and between Oak Grove Properties, a(n) limited partnerslilp under the laws of the State of Minnesota, Grantor, and the City of Edina, a municipal corporittion 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 17y the said Grantee, the receipt whereof is hereby acknowledged, sloes grant, bargain., sell, convey, and warrant to said Grantee an. Easement in perpetuity l.or public purposes hereinafter set forth, in., under, and over the following described property situate in the County of Hennepin and State of IViinnesota, to wit: Public Road Right of Way Easement for 4445 W. 77th Street as follows: An easement over and across the North 2 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also an easement over and across the North 2 feet of Tract P, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also an Utility Easement for 4445 W. 77th Street as follows: A permanent easement for utility purposes over and across the South 3 feet of the North 10 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also a permanent easement for utility purposes over and across the South 3 feet of the North 10 feet of Tract P, RLS No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also Public Walkway Easement for 4445 77th Street as follows: A permanent easement for Public Walkway purposes over and across the South 5 feet of the North 7 feet of Tract P, Registered Land Survey No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also a permanent easement for public Walkway purposes over and across the South 5 feet of the North 7 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota, �0 'd 29805£6 'ON xv. S301AHSQNb1 NHN HAE z9:01 INJ �0 -E -Ndv 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 food and operating condition without cost to the property owner and shall hold the property owtaer 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 fast above written. GRANTOR: Oak Grove Prone ames Its Gendra,[ Partner S'IATE OF MINNESOTA County ofkA-V_ GRANrrE: City of Edina By lt6 Mayo^ortlic City of dingy By Its City Manager of the City of Edina The foregoing instrusnent was acknowledged before me this '� e _ day of 1J., L _, 20 ya , by James R. Riley the General Partner of Oak Grove Properties, a(n) limited partnership under the Iaws of the State of Minnesota, on behalf of the limited partnership. DAVID E. MISNER 4,.1. Notary Public --- - ,,. r , -� nnesota Notary Public. '�r+. 31, 2005 My C �1 €r�i� .,. Date commission expires: --,z 1 O £0 'd 29809£6 'ON XVJ SIOIAHMNVO N31KNIA] £5 :01 INd K -K -Ndv STATE OF MINNESOTA COUNTY OF HENNEPIN 7`I The fore g . instru meentwas acknowledged before me this % _ day of 20 0 Z , by l//ic the Mayor pro tem of the City of Edina, a muni ipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. / r /1, , DARLE -l"4E R. WALLi NOTARY PUBLIC- MINNESOTA Notary Public My Commission Expires Jan. 31, 2005 _ commission expir STATE OF MINNESOTA COUNTY OF HENNEPIN The forego'ng instrument ,,r�yyas acknowledged before me this day of 20 D 2- , by IPDOAJ ,L . /X r2,¢t€Sthe City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. `. DARLENE R. WALUN NOTARY PUBLIC - MINNESOTA Notary Public �.... My Gcmmissicn Expires Jan. 31, 2005 u Date commission expire v V 14 . TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES MAY 3 1 2002 HENNEPI COUNTY MINN. 8Y awl i }� .l rn 3 CITY OF EDINA EASEMENT Parcel No.: 1.7 Project: W- 77TH -ST -02 THIS INSTRUMENT, made this °t ` day of r. L , 200-k , by and between Oak Grove Properties, a(n) limited partnership under the laws of the State of Minnesota, Grantor, and the City of Edina, a municipal corporation under the laws of the State of Minnesota, Grantee. WITNE$SETH, t1lat 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 Fa.sernent in perpetuity l.br 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: f ubllc Road Right of Way Easement for 4445 W. 77th Street as follows, An easement over and across the North 2 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also an easement over and across the North 2 feet of Tract P, RLS No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota; - and also an Utility Easement for 4445 W. 77th Street as follows: A permanent easement for utility purpeses.over and across the South 3 feet of the North 10 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also a permanent easement for utility purposes over and across the South 3 feet of the North 10 feet of Tract P, RLS No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also Public Walkway Easement for 4445 77th Street as follows; A permanent easement for Public Walkway purposes over and across the South 5 feet of the North 7 fleet of Tract P, Registered Land Survey No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also a permanent easement for Public Walkway purposes over and across the South 5 feet of the North 7 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota, ZO 'd 2980566 'ON Xd� S30Il1HSQNV7 N998ON3A3 �9 :OI ME ZO_K_Ndv o O TI In 0 0 -� SCANNED 0M J °0. IT1 -a� :0 rn _ c"n^ CGR% W M \ z Cn > � , Parcel No.: 1.7 Project: W- 77TH -ST -02 THIS INSTRUMENT, made this °t ` day of r. L , 200-k , by and between Oak Grove Properties, a(n) limited partnership under the laws of the State of Minnesota, Grantor, and the City of Edina, a municipal corporation under the laws of the State of Minnesota, Grantee. WITNE$SETH, t1lat 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 Fa.sernent in perpetuity l.br 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: f ubllc Road Right of Way Easement for 4445 W. 77th Street as follows, An easement over and across the North 2 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also an easement over and across the North 2 feet of Tract P, RLS No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota; - and also an Utility Easement for 4445 W. 77th Street as follows: A permanent easement for utility purpeses.over and across the South 3 feet of the North 10 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also a permanent easement for utility purposes over and across the South 3 feet of the North 10 feet of Tract P, RLS No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also Public Walkway Easement for 4445 77th Street as follows; A permanent easement for Public Walkway purposes over and across the South 5 feet of the North 7 fleet of Tract P, Registered Land Survey No, 1218 according to the recorded plat thereof, Hennepin County, Minnesota; and also a permanent easement for Public Walkway purposes over and across the South 5 feet of the North 7 feet of Tract Q, RLS No. 1218 according to the recorded plat thereof, Hennepin County, Minnesota, ZO 'd 2980566 'ON Xd� S30Il1HSQNV7 N998ON3A3 �9 :OI ME ZO_K_Ndv 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 wM 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 -,ball 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 darnage 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: GRAN TrE; %sR. ri Its General Partner S`fA'lTE OF MINNESOTA County of 1kcr%c` City of Edina V \Av vL�U By _.�� I pr--o -le.m Ct:s Mayo!kf the, city of 411 By —_.. Its City Manager of the City of Edina 'ncc t'oregoing iustruincnt was acknowledged before me this IQ � _ day Of_ ffQ (1- _, 20 0;( , by —r— James R. Riley the General Partner of Oak Grove Properties, a(n.) limited partnership under the laws of the State of .Minnesota, on behalf of the limited partnership. DAVID E. MISNER ___..... Notary Public NotflryPublie Minnesota My C,rnmission Fxoires Jan. 31, 2005 Date commission expires: 1 3 1 Q £0 'd 29905£6 'ON Xvd SDIIAKSM I NHKO D] £5:01 Idd �0 -K -NdV 1 f Y STATE OF MINNESOTA COUNTY OF HENNEPIN _ ,C The foregoing instrument was acknowledged before me this % day of 20 Z , by,l%IcH/��� r ,LGGGy the Mayor pro tem of the City of Edina, a �municipal rP co oration under the laws of the State of Minnesota, on behalf of the municipal corporation. /17 V--j, DARLENE R. W NOTARY PUBLIC- MINNEMN My Commission Expires Jan. 31, 2005 commission STATE OF MINNESOTA Notary rr COUNTY OF HENNEPIN The foregoing instrument as acknowledged before me this �� day of 20 aZ , by �/V oL • g6/9W —S the City Manager of the City of Edina, a munic; al corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. /1) _ Notary Public Date commission