HomeMy WebLinkAbout3278(Reserved forf recording)
GRANT OF PERMANENT EASEMENT
FOR PUBLIC ACCESS TO PRIVATE SIDEWALK
EDINA APARTMENTS LLC, a Minnesota limited liability company ("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
Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and
assigns, forever, a permanent easement for public sidewalk purposes over, across, under, and through
land situated in the County of Hennepin, State of Minnesota, legally described on the attached
Exhibit "A" and depicted on the attached Exhibit "B" (the "Easement Premises").
Grantor shall be solely responsible for maintenance, repair, replacement, and removal of the
Improvements, including keeping the Improvements in a safe condition and in good order, condition,
and repair, including all costs and expenses related thereto.
The above-named Grantor, for itself, its successors, and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the Easement Premises; that it has the
sole right to grant and convey the easement to the City; that there are no unrecorded interests in the
Easement Premises; and it will indemnify and hold the City harmless for any breach of the foregoing
covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this 544‘ day
of Svc iNcr- , 2024.
229441v3
I
Jay Scott
Its Vice President
By.
GRANTOR:
EDINA APARTMENTS LLC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ¢— day of See -C,\ L-e—r
2024, by Jay Scott, Vice President of Edina Apartments LLC, a Minnesota limited liability company,
on behalf of said limited liability company.
Edwin Zachary Money Jr
Notary Public
Minnesota
My Commission Expires Jan 31, 2029
THIS INSTRUMENT WAS DRAFTED BY:
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
229441v3
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
A perpetual easement for public use of a private sidewalk over, under and across the
following described parcels:
THAT PART OF LOT 3, BLOCK 1, PENTAGON VILLAGE, ACCORDING TO THE RECODED PLAT
THEREOF, HENNEPIN COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 00 DEGREES 34
MINUTES 00 SECONDS WEST, ASSUMED BEARINGS ALONG THE EAST LINE OF SAID LOT 3,
A DISTANCE OF 197.11 FEET; THENCE SOUTH 45 DEGREES 30 MINUTES 38 SECONDS
WEST, ALONG SOUTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 24.27 FEET; THENCE
SOUTH 89 DEGREES 47 MINUTES 30 SECONDS WEST, ALONG THE SOUTH LINE OF SAID
LOT 3, A DISTANCE OF 408.07 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3, THENCE
NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF SAID
LOT 3, A DISTANCE OF 7.80 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 43 SECONDS
EAST, A DISTANCE OF 83.24 FEET; THENCE SOUTH 81 DEGREES 40 MINUTES 49
SECONDS, A DISTANCE OF 15.80 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 31
SECONDS, A DISTANCE OF 306.22 FEET; THENCE NORTH 46 DEGREES 02 MINUTES 20
SECONDS EAST, A DISTANCE OF 24.53 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 26
SECONDS WEST, A DISTANCE OF 157.08 FEET; THENCE NORTH 21 DEGREES 22 MINUTES
04 SECONDS WEST, A DISTANCE OF 21.29 FEET; THENCE NORTH 00 DEGREES 34
MINUTES 00 SECONDS EAST, A DISTANCE 16.16 FEET TO THE NORTH LINE OF SAID LOT 3;
THENCE N 90 DEGREES 00 MINUTES 00 SECONDS, ALONG THE NORTH LINE OF SAID LOT
3, A DISTANCE OF 12.24 FEET TO THE SAID NORTHEAST CORNER OF SAID LOT 3 AND THE
POINT OF BEGINNING.
EASEMENT AREA = 3182.924 SQUARE FEET OR .0731 ACRES, MORE OR LESS.
COT: 1474190
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENTI
LOT 2
011MIID tIMIMr 4•1110 gEMI MI=
NORTH LINE OF LOT 3,
BLOCK 1, PENTAGON VILLAGE
POINT OF BEGINNING,
NORTHEAST CORNER OF LOT 3;
BLOCK 1, PENTAGON VILLAGE
N0°34'00"E 16.16'
I
LOT 4 N90°00'00"E 12.24'
N21°22'04"W 21.29'
I
1 w
0
m01- 0 (.9
O
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_1 <
5
BLOCK 1
LLICL
10 Z
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I-
0
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(‘)
,
,
N0°00'00'W 7.80'
. . . : L
.
N46°02'20"E 24.53' - \
if
S81°40'49"E 15.80'
---./ N89°58'43"E 83.24' S89°59'31"E 306.22'
--1•11.11M1•1*
•••••• .111•11.
S89°47'30"VV 408.07
VIKING DRIVE
SOUTH LINE OF LOT 3,
BLOCK 1, PENTAGON VILLAGE S45°30'38"W 24.27'
0 50' 100'
1,0 NO°0126'W 157.08' LOT 3
0
5 z 0 1- 0 <
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111.14.11rmambill."111alliball"" DARCI L PARENT
NOTARY PUBLIC
MINNESOTA
My Comrthss,lExpres 1131'2027
4111.
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
BRIDGEWATER BANK, a Minnesota banking corporation, which holds a Combination
Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents executed by
Edina Apartments, LLC, a Minnesota limited liability company, as Mortgagor, to Bridgewater Bank,
as Mortgagee, dated February 3, 2022, recorded March 17, 2022, in the Office of the Hennepin
County Registrar of Titles, Minnesota, as Doc. No.T5930826, securing the original amount of
$36,500,000.00. For good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, BRIDGEWATER BANK, does hereby join in, consents to, and is subject
to the foregoing Grant of Permanent Easement.
Dated this day of IP/10024.
BRIDGEWATER BANK
By: /"
Arr /4). [print name]
Its: ONA6,) tvei 62d;z-rot_ [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF 4.ctlAYglA
The foregoing instrument was acknowledged before me this (/ day of +-ay, 6-e4'
2024, by 7c6-- o_kk‘tek-1 , the
of Bridgewater Bank, a Minnesota banking corpora, on
NO Y P LIC
if of sa
229441v3