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Pkg ID 1006883M
$46.00
$4.00
Deputy 26
Doc Name: Easement
Document Recording Fee
Attested Copy or Duplicate
Original
Document Total
PID(s)
32-028-24-23-0003
Existing Certs
1107950
$50.00
New Certs
Doc No T05099781
Certified, filed and/or recorded on
Jul 23, 2013 10:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer No delinquent taxes
Transfer Entered
Jul 23, 2013 10:00 AM
Hennepin County, Minnesota
Mark V. Chapin
County Auditor and Treasurer
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
GRANT OF PE NENT
AND TEMPORARY EASEMENTS
L B EDINA, LLC, a Minnesota limited liability 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 "1=1",
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
to remove trees, bushes, undergrowth, and other obstructions interfering with the location,
construction, and maintenance of said public sidewalk, retaining wall, drainage and utility
170756v1
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
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;
170756v1 2
(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.
9. The rights herein granted may not be assigned in whole or in parts without
Grantor's reasonable consent.
170756v1 3
mara,
dm-Mr
NOTARY UBLIC
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this
day of '''JLA ,2013.
GRANTOR:
L B EDINA, LLC
By:
'V1
The foregoing instrument was acknowledged before me this I \
day of
, 2013, by RAA$V,,ii 1. 1-1Ay‘Atlfcr , the V12.MI DeN1 of
L B Edi a, LLC, a Minnesota limited liability company, on behalf of said company, Grantor.
STATE OF MINNESOTA )
)ss.
COUNTY OF iili1)
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh
wANVAANIAMAAAMANIPmpm.-^„^v^A
JENNIFER L KENT
My Commission limirse Jan 31, 2015
Notary Public-Mtnnesota
170756v1 4
James B. °viand, M or
AND .0"Atia ir SNOW ! pisr,'
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
k O ki ......k.-- lie foregoing instrument was acknowledged before me this I day of
2013, by James B. Hovland and by Scott H. Neal, respectively the Mayor and a City Man 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
DRAFTED BY:
CAMPBELLKNUISON
Professional Association 317
Eagandale Office Center 1380
Corporation Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
SHARON M. AWSON
NOTARY PUBUC - MINNESOTA
My Commission Expires Jan. 31,2015
168417v2 6
GRANTEE:
EXHIBIT "A"
Legal Description:
Lot 2, 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 2, 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 2; thence North 89 degrees 47 minutes 52 seconds East, assumed bearing along the
south line thereof, 46.64 feet to the point of beginning of said Line A to be hereinafter described;
thence North 00 degrees 11 minutes 16 seconds West, 66.80 feet; thence South 89 degrees 48
minutes 44 seconds West, 10.00 feet; thence North 00 degrees 11 minutes 16 seconds West,
177.60 feet; thence North 89 degrees 48 minutes 44 seconds East, 1.97 feet; thence North 00
degrees 08 minutes 35 seconds West, 207.30 feet; thence South 89 degrees 48 minutes 44
seconds West, 5.13 feet; thence North 00 degrees 11 minutes 16 seconds West, 124.98 feet to
said easterly right of way line and said Line A there terminating.
AND ALSO
A temporary easement for construction purposes over, under and across said Lot 2, which lies
easterly of said Line A and westerly of the following described line: Commencing at the
southwest corner of said Lot 2; thence North 89 degrees 47 minutes 52 seconds East, assumed
bearing along the south line thereof, 56.64 feet to the point of beginning of said line to be
hereinafter described; thence North 00 degrees 11 minutes 16 seconds West, 66.80 feet; thence
South 89 degrees 48 minutes 44 seconds West, 10.00 feet; thence North 00 degrees 11 minutes
16 seconds West, 513.21 feet to the north line of said Lot 2 and said Line there terminating.
Said temporary easement shall expire on December 31, 2014.
170756v I 5
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
AMERICAN UNITED LIFE INSURANCE COMPANY, an Indiana corporation,
which holds a mortgage on all or part of the property more particularly described in the
foregoing Grant of Permanent and Temporary Easements, which mortgage is dated June 19,
2003, and recorded June 20, 2003 as Document No. 3761425 with the office of the Registrar of
Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the
foregoing Grant of Permanent and Temporary Easements.
Dated this ,2411 day of 1-04e. ,2013.
AMERICAN UNITED LIFE INSURANCE COMPANY
By;
reside4i Morke
STATE OF INbi4N4
COUNTY OF IY) (-}k I 0 Al
The foregoing instrument was acknowledged before me this 2'f/4 day of
lune , 2013, by 54euen T. kioliani the
Vice ?rev ;44 4 46r4T1e Zdan5 of American United Life Insurance Company, an Indiana
corporation, on behalf of 'bid corporation.
41-Latke,\A
NO ARYPUBLI
Its: wee
)ss.
DRAM E,D BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651-42-5000
AMP/cjh
erk"-WwWWWv‘~v"
Kathleen M Gregory
Notary Public Seal State of Indiana
Johnson County
My Commission Expires 09/05/2019
170756v1 5
50 100
PROPOSED PERMANENT SIDEWALK, RETAINING WALL
DRAINAGE AND UTILITY EASEMENT AREA = 10,643 sq ft
\w.-1 -F,n E,SEVErT ',REA 7F WAy IT \_&\1 ``-‘ ‘jr " R " " " " "
Hazelton Road 01-1; I
PE:,: PLAT
.1'
13
12
HIGHWAY EASEMENT
RETAINNING WALL EASEmENT
SANITARY SEWER EASEMENT
SCENIC AND OPEN SPACE EASEMENT DOCUMENT NUMBER 1033728
2
ROAD EASEMENT
10 FT, LOT 2, BLOCK 7
PER DOC- NO 1036934
8 NORT1114ESTERN BELL
EASEMENT DOC. #083/48
Byerlys
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STORM
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A 701 Xenia Avenue South, Suite 300
1'1/.SB
Minneapolis, MN 55416
wwwwsbeng.com
& 4.,..rintes, Inc.
Fax 761-541-1707
INFRASTRUCTURE 1 ENGINEERING I PLANNING I CONSTRUCTION
France Avenue Improvements
Easement Parcel Sketch
City of Edina, Minnesota
WSB Project No. 1686-300
Revised Dale: 6-6-2013
Parcel No, 14
7110