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Transfer Entered II I II II II
I I II
I I I I I II
LAND TYPE Abs act (A
DOC NUM 11193292
Certified, filed and/or recorded on
Apr 12, 2023 12:46 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 147 Pkg ID 2553865E
Document Recording Fee $46.00
Document Total $46.00
Apr 12, 2023 12:46 PM
Hennepin County, Minnesota
Daniel Rogan
County Auditor and Treasurer
PID(s)
18-028-24-31-0006
This cover sheet is now a permanent part of the recorded document.
(Reserved for recording)
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
EDINA COUNTRY CLUB, a Minnesota Nonprofit Corporation, hereinafter referred to
as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY
OF EDINA, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City", its successors and assigns, the following easements:
1. A permanent easement for public sidewalk and drainage and utility purposes over,
across, on, under and through the land situated within the County of Hennepin, State of Minnesota,
as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the
"Permanent Easement Area"), including the rights of the City, its contractors, agents, servants and
assigns to enter upon the Permanent Easement Area at all reasonable times to construct,
reconstruct, inspect, repair, and maintain said public sidewalk and drainage and utility systems
over, across, on, under and through the Permanent Easement Area, together with the right to grade,
level, fill, drain, pave and excavate the Permanent Easement Area, and the further right to remove
trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and
maintenance of said public sidewalk and drainage and utility systems.
1
2253300
2. A temporary construction easement over, across, on, under and through the land
situated in the County of Hennepin, State of Minnesota, as legally described on the attached
Exhibit "A" and depicted on the attached Exhibit "B" (the "Temporary Easement Area"). To
have and to hold the same, unto the City, its contractors, agents, servants and assigns,
commencing upon execution of this document and expiring June 30, 2624, together with the right
of ingress to and egress from the Temporary Easement Area, for the purpose of constructing,
reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the
City, its successors and assigns. Grantor hereby grants the uses herein specified without divesting
itself of the right to use and enjoy the above described Temporary Easement Area, subject only
to the right of the City to use the same for the purposes herein expressed.
As a condition of this temporary construction easement grant, the City shall, upon
completion of construction and prior to termination, restore the ground surface of the Temporary
Easement Premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation.
The above named Grantor, for itself, its successors and assigns, does hereby covenant with
the City, its successors and assigns, that it is well seized in fee title of the above described
Permanent Easement Area and Temporary Easement Area; that it has the sole right to grant and
convey the easements to the City; that there are no unrecorded interests in the Permanent Easement
Area and/or the Temporary Easement Area; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
[Signature page follows.]
2
225330v3
By:
EWA E. CAP [print name]
Its: (cfrii242/ air [title]
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this 51V
day of Pcpc 1: , 2023.
GRANTOR:
EDINA COUNTRY CLUB
A Minnesota nonprofit corporation
STATE OF MINNESOTA )
)ss.
COUNTY OF 1-4 G NMC P 1 a )
The foregoing instal meat was acknowledged before me this STh day of
7,2tptk-e- ,2023, by I- r -e d PE Nj r et _LLII , the 6 caegAL_Plitittaeeof
Edna Country Club, a Minnesotallonprofiotporation, on behalf of said corporation, Grantor.
• ary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DSK
3
225330v3
JANET LEE HAASE
Notary Public
State of Minnesota
My Commission Expires
January 31, 2024
EXHIBIT "A"
TO
GRANT OF PERMANENT AND IEMPORARY EASEMENTS
Legal Description of the Subject Property:
All that part of the Southwest Quarter of Section 18, Township 28, Range 24, West of the Fourth
Principal Meridian, lying East of Carroll Settlement Road (now Willson Road) and South of Eden
Prairie road (now Eden Avenue) and Fiftieth Street West, except that portion thereof lying North
and East of Minnehaha Creek and except that part acquired by County of Hennepin in Book 1250
of Deeds, Page 558 and except that part acquired by the State of Minnesota in Document No.
4517589, Hennepin County, Minnesota.
[Property address: 5301 -Willson Road, Edina, MN 55424; PIN 18-028-24-31-0006]
Permanent Easement Description:
A permanent easement for public sidewalk and public drainage and utility over, across, on, under,
and through the following property:
All that part of the Southwest 1/4 of Section 18, Township 28, Range 24, West of the Fourth
Principal Meridian, lying East of the Carroll Settlement Road (Now Wilson Road) and South of
the Eden Prairie Road and Fiftieth Street EXCEPT that portion thereof lying North and East of
Minnehaha Creek, according to the United States Government Survey thereof, and situate in
Hennepin County, Minnesota. Subject to easements of record and existing roads and streets.
Said easement being northwesterly of the following LINE A:
Beginning at a point on the northerly boundary of said property, 38,82 feet easterly, as measured
along said boundary, of the northwest corner of said property; thence South 39 degrees 26 minutes
55 seconds East for 5.36 feet to POINT A; thence South 70 degrees 14 minutes 07 seconds West
for 20.07 feet to a tangential curve; thence southwesterly 40.84 feet along said curve being concave
to the southeast with a radius of 67.64 feet to a point on the easterly line of said property and there
terminating.
Temporary Easement Description:
A temporary easement for construction purposes over, across, on, under, and through said
property, southeasterly of said LINE A and northwesterly of the following LINE B:
Beginning at a point on said easterly line 47.42 feet southeasterly of said northwest corner; thence
South 60 feet 16 minutes 13 seconds East for 7.33 feet to a non-tangential curve; thence
northeasterly 73.31 feet along said curve being concave to the southeast with a radius of 197 feet
and a chord bearing North 44 degrees 13 minutes 20 seconds East to said POINT A and there
terminating,
4
225330v3
870' 14' 07_041N
20.067
819' 29' 17.02'W
28.774
8.8
PERMANENT EASEMENT
sor
S39° 26' 54.32"E
5.364
L=73.312, R=197.004
CH=N44' 13' 20.05''E 71890
1 4-/ / isnari
a A0
Feet
ORIENTATION OF THIS BEARING SYSTEM IS
BASED ON THE HENNEPIN COUNTY
COORDINATE SYSTEM. INDD143 (2011 ADD
0 000 1000
Feet
EXHIBIT "B"
/f ' L=40.835, R=67.639
TEMPORARY EASEMENT
860° 16' 13.23"E
7.327
EASEMENT EXHIBIT FOR: EDINA COUNTRY CLUB, PID 1802824310006
EDINA,
HENNEPIN,
MINNESOTA
SEH Prole-at EDINA 188834
Drawn By
Designed By
Checked Sy
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OF
THE STATE OF MINNESOTA.
1"?1-1---- • -
THEODORE S BROWN
DATE 3/0212023
ha
SEH
LICENSE NO. 61078
5
225330v3
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
CORTRUST BANK, N.A., organized and existing under the laws of the State of
Minnesota, successor to First Minnesota Bank, which holds a Mortgage and Security Agreement
and Fixture Financing Statement originally in favor of First Minnesota Bank dated December 15,
2004 and recorded January 25, 2005, as Document No. 8513806 with the offices of the Hennepin
County Recorder, Minnesota, including the mortgages and modifications set forth on the attached
Schedule "A" (collectively the "Mortgages"), on all or part of the property more particularly
described in the foregoing Grant of Permanent and Temporary Easements.
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, CorTrust Bank, N.A., does hereby join in, consents to, and is subject to the
foregoing Grant of Permanent Easement.
CORTRUST BANK, N.A.,
/122---//t i [print name]
Its ViC '41 -e'cs cf=2/1-14- [title]
STATE OF MINNESOTA )
( ss.
COUNTY OF
S 4—
The fo going instrument was acknowledged ,bsfore Ike this •3/ day of
2023, by ill yr fenAre , the V GCA raec 7 of CorTrust
Bank, N.A., organized and existing under the laws of the State of Minnesota, on behalf of said
entity.
By:
MARTIN P. JOHNSON
Notary PublIc-Minnesota
My Oommlaslon EXpk Jan 31.2026
DRAFTED BY:
CAMPBELL ICMJTSON, P.A.
Grand Oak Office Center
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DS1C
225330v3
6
SCHEDULE "A"
TO
MORTGAGE HOLDER CONSENT
TO
GRANT OE PERMANENT AND TEMPORARY EASEMENTS
1. Assignment of Leases, Rents and Profits dated December 14, 2004 and recorded January
25, 2005 as Hennepin County Document No. 8513807;
2. Corrective and Restated Mortgage and Security Agreement and Fixture Financing
Statement dated December 14, 2004 and recorded February 25, 2005 as Hennepin County
Document No. 8533264;
3. Corrective and Restated Assignment of Leases, Rents and Profits dated December 14, 2004
and recorded February 25, 2005 as Hennepin County Document No. 8533265;
4, Amended and Restated Mortgage, Security Agreement and Fixture Financing Statement
dated June 2, 2008 and recorded June 5, 2008 as Hennepin County Document No. 9143230;
5. Amended and Restated Assignment of Rents, Leases and Profits dated June 2, 2008 and
recorded June 5, 2008 as Hennepin County Document No. 9143231;
6. Mortgage, Security Agreement and Fixture Financing Statement dated June 2, 2008 and
recorded June 5, 2008 as Hennepin County Document No. 9143232;
7. Assignment of Rents, Leases and Profits dated June 2, 2008 and recorded June 5, 2008 as
Hennepin County Document No. 9143233;
8. Amendment to Mortgage, Security Agreement and Fixture Financing Statement dated May
21, 2010 and recorded May 21, 2010 as Hennepin County Document No. 9515796;
9. Amendment to Assignment of Leases, Rents and Profits dated May 21, 2010 and recorded
May 21, 2010 as Hennepin County Document No, 9515797;
10. Mortgage dated December 30, 2020 and recorded December 31, 2020 as Hennepin County
Document No. 10882123;
11. Modification of Mortgage dated June 23, 2021 and recorded July 21, 2021 as Hennepin
County Document No. 10992885; and
12. Modification of Mortgage dated January 18, 2023 and recorded January 23, 2023 as
Hennepin County Document No. 11177935.
7
225330v3
(Reserved for recording)
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
EDINA COUNTRY CLUB, a Minnesota Nonprofit Corporation, hereinafter referred to
as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY
OF EDINA, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City", its successors and assigns, the following easements:
1. A permanent easement for public sidewalk and drainage and utility purposes over,
across, on, under and through the land situated within the County of Hennepin, State of Minnesota,
as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the
"Permanent Easement Area"), including the rights of the City, its contractors, agents, servants and
assigns to enter upon the Permanent Easement Area at all reasonable times to construct,
reconstruct, inspect, repair, and maintain said public sidewalk and drainage and utility systems
over, across, on, under and through the Permanent Easement Area, together with the right to grade,
level, fill, drain, pave and excavate the Permanent Easement Area, and the further right to remove
trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and
maintenance of said public sidewalk and drainage and utility systems.
225330v3
2. A temporary construction easement over, across, on, under and through the land
situated in the County of Hennepin, State of Minnesota, as legally described on the attached
Exhibit "A" and depicted on the attached Exhibit "B" (the "Temporary Easement Area"). To
have and to hold the same, unto the City, its contractors, agents, servants and assigns,
commencing upon execution of this document and expiring June 30, 2024, together with the right
of ingress to and egress from the Temporary Easement Area, for the purpose of constructing,
reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the
City, its successors and assigns. Grantor hereby grants the uses herein specified without divesting
itself of the right to use and enjoy the above described Temporary Easement Area, subject only
to the right of the City to use the same for the purposes herein expressed.
As a condition of this temporary construction easement grant, the City shall, upon
completion of construction and prior to termination, restore the ground surface of the Temporary
Easement Premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation.
The above named Grantor, for itself, its successors and assigns, does hereby covenant with
the City, its successors and assigns, that it is well seized in fee title of the above described
Permanent Easement Area and Temporary Easement Area; that it has the sole right to grant and
convey the easements to the City; that there are no unrecorded interests in the Permanent Easement
Area and/or the Temporary Easement Area; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
[Signature page follows.]
2
225330v3
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this
day of °•••re% \ , 2023.
GRANTOR:
EDINA COUNTRY CLUB
A Minnesota nonprofit corporation
By:
firdF Cererac—.42:t [print name]
Its: Gemvi/ anr [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF C P r1 )
c .1 --2, The foregoing instrument was acknowledged before me this --) day of
(1C 19-k A- -L , 2023, by f r -(2 (i é (7 ini PE NJ / Ce 11//, , the C-1 e] N Wire_ PTI]tx1Aciecof
Edina Country Club, a Minnesota Nonprofijmo oration, on behalf of said corporation, Grantor.
ary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DSK
3
225330v3
JANET LEE HAASE
Notary Public
State of Minnesota
My Commission Expires
January 31, 2024
EXHIBIT "A"
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
Legal Description of the Subject Property:
All that part of the Southwest Quarter of Section 18, Township 28, Range 24, West of the Fourth
Principal Meridian, lying East of Carroll Settlement Road (now Willson Road) and South of Eden
Prairie road (now Eden Avenue) and Fiftieth Street West, except that portion thereof lying North
and East of Minnehaha Creek and except that part acquired by County of Hennepin in Book 1250
of Deeds, Page 558 and except that part acquired by the State of Minnesota in Document No.
4517589, Hennepin County, Minnesota.
[Property address: 5301 Willson Road, Edina, MN 55424; PIN 18-028-24-31-0006]
Permanent Easement Description:
A permanent easement for public sidewalk and public drainage and utility over, across, on, under,
and through the following property:
All that part of the Southwest 1/4 of Section 18, Township 28, Range 24, West of the Fourth
Principal Meridian, lying East of the Carroll Settlement Road (Now Willson Road) and South of
the Eden Prairie Road and Fiftieth Street EXCEPT that portion thereof lying North and East of
Minnehaha Creek, according to the United States Government Survey thereof, and situate in
Hennepin County, Minnesota. Subject to easements of record and existing roads and streets.
Said easement being northwesterly of the following LINE A:
Beginning at a point on the northerly boundary of said property, 38.82 feet easterly, as measured
along said boundary, of the northwest corner of said property; thence South 39 degrees 26 minutes
55 seconds East for 5.36 feet to POINT A; thence South 70 degrees 14 minutes 07 seconds West
for 20.07 feet to a tangential curve; thence southwesterly 40.84 feet along said curve being concave
to the southeast with a radius of 67.64 feet to a point on the easterly line of said property and there
terminating.
Temporary Easement Description:
A temporary easement for construction purposes over, across, on, under, and through said
property, southeasterly of said LINE A and northwesterly of the following LINE B:
Beginning at a point on said easterly line 47.42 feet southeasterly of said northwest corner; thence
South 60 feet 16 minutes 13 seconds East for 7.33 feet to a non-tangential curve; thence
northeasterly 73.31 feet along said curve being concave to the southeast with a radius of 197 feet
and a chord bearing North 44 degrees 13 minutes 20 seconds East to said POINT A and there
terminating.
4
225330v3
PERMANENT EASEMENT
S19° 29' 17.02"W
28.774
S19° 29' 17.02"W
18.648 \ ,
7,71,./,.//
/
CH=N414n 13' 20.05"E 72.890
0 20 40
MIN INN 1111 Feet
/ ' L=40.835, R=67.639
TEMPORARY EASEMENT
/ S60' 16' 13.23"E
7.327
1000
Feet
ORIENTATION OF THIS BEARING SYSTEM IS
BASED ON THE HENNEPIN COUNTY
COORDINATE SYSTEM. NAD83 (2011 ADJ)
9 600
I I/
INSET
EASEMENT EXHIBIT FOR: EDINA COUNTRY CLUB, PID 1802824310006
EDINA, I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT
HENNEPIN, SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OF
MINNESOTA THE STATE OF MINNESOTA.
SEH meet EDINA 1688 /17 Drawn By
Designed By THEODORE S BROWN
Checked By DATE 3102/2023 LICENSE NO 51678
I A
SEH
to.
339* 26' 54.32"E
5.364
870° 14' 07.04"W
20.067
L=73.312, R=197.004
EXHIBIT "B"
5
225330v3
CORTRUST BANK, NA.,
By:
fit if— „Itt /-/e),-- [print name]
Its i; [title]
6
Nota Publi
MARTIN P. JOHNSON
Notary Public-Minnesota
My Commission Expires Jan 3112026
I
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
CORTRUST BANK, N.A., organized and existing under the laws of the State of
Minnesota, successor to First Minnesota Bank, which holds a Mortgage and Security Agreement
and Fixture Financing Statement originally in favor of First Minnesota Bank dated December 15,
2004 and recorded January 25, 2005, as Document No. 8513806 with the offices of the Hennepin
County Recorder, Minnesota, including the mortgages and modifications set forth on the attached
Schedule "A" (collectively the "Mortgages"), on all or part of the property more particularly
described in the foregoing Grant of Permanent and Temporary Easements.
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, CorTrust Bank, N.A., does hereby join in, consents to, and is subject to the
foregoing Grant of Permanent Easement.
STATE OF MINNESOTA )
( ss.
COUNTY OF
54- The for going instrument was acknowledged ,bsfore we this / day of
2023, by 01 lir fev4str" , the V t-c4 f CorTrust
Bank, N.A., organized and existing under the laws of the State of Minnesota, on behalf of said
entity.
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DSK
225330v3
SCHEDULE "A"
TO
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
1. Assignment of Leases, Rents and Profits dated December 14, 2004 and recorded January
25, 2005 as Hennepin County Document No. 8513807;
2. Corrective and Restated Mortgage and Security Agreement and Fixture Financing
Statement dated December 14, 2004 and recorded February 25, 2005 as Hennepin County
Document No. 8533264;
3. Corrective and Restated Assignment of Leases, Rents and Profits dated December 14, 2004
and recorded February 25, 2005 as Hennepin County Document No. 8533265;
4. Amended and Restated Mortgage, Security Agreement and Fixture Financing Statement
dated June 2, 2008 and recorded June 5, 2008 as Hennepin County Document No. 9143230;
5. Amended and Restated Assignment of Rents, Leases and Profits dated June 2, 2008 and
recorded June 5, 2008 as Hennepin County Document No. 9143231;
6. Mortgage, Security Agreement and Fixture Financing Statement dated June 2, 2008 and
recorded June 5, 2008 as Hennepin County Document No. 9143232;
7. Assignment of Rents, Leases and Profits dated June 2, 2008 and recorded June 5, 2008 as
Hennepin County Document No. 9143233;
8. Amendment to Mortgage, Security Agreement and Fixture Financing Statement dated May
21, 2010 and recorded May 21, 2010 as Hennepin County Document No. 9515796;
9. Amendment to Assignment of Leases, Rents and Profits dated May 21, 2010 and recorded
May 21, 2010 as Hennepin County Document No. 9515797;
10. Mortgage dated December 30, 2020 and recorded December 31, 2020 as Hennepin County
Document No. 10882123;
11. Modification of Mortgage dated June 23, 2021 and recorded July 21, 2021 as Hennepin
County Document No. 10992885; and
12. Modification of Mortgage dated January 18, 2023 and recorded January 23, 2023 as
Hennepin County Document No. 11177935.
7
225330v3