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GRANT OF PERMANENT
AND TEMPORARY EASEMENTS
MACYS RETAIL HOLDINGS, INC., a New York corporation formerly named
The May Department Stores Company, 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, retaining wall, drainage and
utility purposes over, across, on, under, and through land situated within the County of
Hennepin, State of Minnesota, as legally described on the attached Exhibits "A" and "B",
including the rights of the City, its contractors, agents, and servants to enter upon the
permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public sidewalk, retaining wall, drainage and utility systems over,
across, on, under, and through the permanent easement premises, together with the right to
grade, level, fill, drain and excavate the permanent easement premises, and the further right
168417v2 1
to remove trees, bushes, undergrowth, and other obstructions interfering with the location,
construction, and maintenance of said public sidewalk, retaining wall, drainage and utility
easements.
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 Exhibits "A" and "B". To have and to hold the same, unto the City, its
contractors, agents, and servants, commencing upon execution of this document and
expiring December 31, 2014, together with the right of ingress to and egress from the
temporary easement premises, for the purpose of constructing, reconstructing, inspecting,
repairing, and maintaining the property of the City, at the will of the City and its
successors. 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 construction 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.
3. Grantor hereby grants the uses herein specified without divesting itself of
the right to use and enjoy the above described temporary easement premises, subject only
to the right of the City to use the same for the purposes herein expressed. Grantor
specifically reserves the right to allow other utility lines to be installed under, across and
within the property subject to these easements, provided such do not interfere with or
endanger the installations of the City or the maintenance thereof.
168417v2 2
4. In making use of the easements granted herein, the City shall and shall cause
its contractors to: (i) make commercially reasonable efforts to minimize any adverse impact to the
business operations conducted by Grantor on the adjacent property; (ii) replace and restore any
areas and improvements disturbed to the condition they were prior to the performance of such
work and raise or lower any and all manholes and/or manhole castings to conform to the elevation
of the planters, parking area, driveway and road surfaces in which they are located; (iii) diligently
complete all installations and other work once such activities have begun, and (iv) thereafter
maintain the City's facilities and related equipment in good order and repair.
5. The City shall not permit any claim, lien or other encumbrance arising from its
activities to accrue against or attach to the easement premises or the interest of Grantor in
adjacent property.
6. During construction and other activities, the City will maintain ingress and
egress over each of the entrance roads to Grantor's adjacent property during all hours of
operation of Grantor's business on such property.
7. The easements granted herein are subject to all valid and existing licenses,
leases, grants, exceptions, encumbrances, title defects, matters of record, reservations and
conditions affecting Grantor's property, including the property subject to these Easements
and access thereto.
8. Neither the execution nor delivery of this document is prohibited by the terms of
any agreement binding on Grantor, or requires Grantor to obtain the consent, approval or
authorization of, or notice to, or filing a registration with, any person, public authority or any
other entity.
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9. The rights herein granted may not be assigned in whole or in parts without
Grantor's reasonable consent.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this
day of July, 2013.
168417v2 4
ELIZABETH J. HAASS
Notary Public, State of Ohio
My Commission Expires
March 26, 2017
GRANTOR:
MACY'S RETAIL HOLDINGS, INC.,
a New- ork corporation
b)di j
an L. Goerternoeller,
Senior Vice President
STATE OF OHIO
) s s .
COUNTY OF HAMILTON )
The foregoing instrument was acknowledged before me this ?-4.4, day of July, 2013,
by Carl L. Goertemoeller, Senior Vice President of Macy's Retail Holdings, Inc., a New York
corporation, on behalf of said corporation, Grantor.
(r:
168417v2 5
GRANTEE:
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this f (fitiL day of
, 2013, by James B. Hovland and by Scott H. Neal, respectively the Mayor and
City Ma r of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
SHARON M. ALLISON
NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan. 31,2015
DRAFTED BY:
CA1v1PI3ELLKNUISON
Professional Association 317
Eagandale Office Center 1380
Corporation Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
168417v2 6
EXHIBIT "A"
Legal Description:
Lot 3, Block 7, Yorktown, Hennepin County , Minnesota.
EXHIBIT "B"
Easement Descriptions:
A permanent easement for sidewalk, retaining wall, drainage and utility purposes over, under and
across that part of Lot 3, Block 7, Yorktown, as is on file and of record in the Office of the
County Recorder, Hennepin County Minnesota, which lies easterly of the easterly right of way
line of Hennepin County Road Number 17 (France Avenue) as described in document number
2189613 and westerly of Line A described as follows: Commencing at the southwest corner of
said Lot 3; thence North 89 degrees 54 minutes 12 seconds East, assumed bearing along the
south line thereof, 22.55 feet to the point of beginning of said Line A to be hereinafter described;
thence North 00 degrees 11 minutes 16 seconds West, 194.98 feet; thence North 11 degrees 07
minutes 19 seconds East, 71.39 feet; thence North 00 degrees 11 minutes 16 seconds West,
182.99 feet; thence North 89 degrees 48 minutes 44 seconds East, 10.00 feet; thence North 00
degrees 11 minutes 16 seconds West, 58.77 feet to a point on the north line of said Lot 3, 46.64
feet east of the northwest corner thereof, and said Line A there terminating.
AND ALSO
A temporary easement for construction purposes over, under and across said Lot 3, which lies
easterly of said Line A and westerly of the following described line: Commencing at the
southwest corner of said Lot 3; thence North 89 degrees 54 minutes 12 seconds East, assumed
bearing along the south line thereof, 164.27 feet to the point of beginning of said line to be
hereinafter described; thence North 00 degrees 02 minutes 41 seconds East, 131.93 feet; thence
North 89 degrees 57 minutes 19 seconds West, 87.53 feet; thence North 00 degrees 02 minutes
41 seconds East, 244.40 feet; thence South 89 degrees 57 minutes 19 seconds East, 344.44 feet;
thence North 00 degrees 02 minutes 41 seconds East, 131.77 feet to the north line of said Lot 3
and said Line there terminating.
Said temporary easement shall expire on December 31, 2014.
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ROAD EASMLNT
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W. 1.1 FT AND N. 2 Fr OE
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PER DOC NO. 2137111
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SCENIC AND OPEN SPACE EASEMENT DOCUMENT NUMBER 1033722
storm sewer eastern-en-1
Macys Department Store
PID 32-028-24-23-0004
7250
A
H1211100 W. RI FT
02.55
OPT IMTITV FeO.IT
PROPOSED PERMANENT SIDEWALK, RETAINING WALL,
DRAINAGE AND UTILITY EASEMENT AREA = 9,320 sq ft
PROPOSED TEMPORARY CONSTRUCTION EASEMENT AREA = 58,477 sq It °\SUrV.Y\POrCeHidgn & M FT OF W. 392 Fr, wr 3, BLOCK?
PER DOC NO. /ME
11•11
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
WWW wsbeng.com
ASSOC/Oles; DR% , : - • 763-:4I-4!00- 763-5S14700
INFRASTRUCTURE I ENGINEERING PLANNING I CONSTRUCTION
France Avenue Improvements
Easement Parcel Sketch
City of Edina, Minnesota
WSB Project No. 1686-300
Revised Date: 6-19.2013
Parcel No. 13