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HomeMy WebLinkAbout3279III AI II II II II II I I I I No delinquent taxes Transfer Entered LAND TYPE Tor ens (T) DOC NUM 6071722 Certified, filed and/or recorded on Apr 29, 2024 1:49 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2667359E Document Recording Fee $46.00 Document Total $46.00 Apr 29, 2024 1:49 PM Hennepin County, Minnesota Daniel Rogan County Auditor and Treasurer PID(s) 29-028-24-24-0032 Existing Certs 1517849 This cover sheet is now a permanent part of the recorded document. (reserved or recTilkig Worniation) GRANT OF PERMANENT EASEMENT FOR PUBLIC SIDEWALK PURPOSES BRAM EDINA PROPERTIES, 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, on, across, 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 "Easement Property"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public sidewalk over, across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, pave, and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public sidewalks. 230698y1 Grantee 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. Grantee shall, upon completion of any construction, maintenance, repair, replacement, or removal, restore the ground surface of the Easement Area and Grantor's property to its original condition so far as is reasonably practicable. Grantee shall be responsible for the repair and restoration of any damage done to Grantor's Property by Grantee, its employees, agents, or contractors. Subject to the limits provided under Minn. Stat. ch. 466, Grantee covenants and shall indemnify, defend and hold Grantor harmless from and against any and all claims, demands, suits, actions, fines, penalties, levies, executions, damages, or liabilities for damage, injury or death, and all expenses and cost incident thereto, including attorneys' fees and costs, caused by or in any manner arising out of the exercise by Grantee, its officers, employees, agents, or contractors of any of the rights and privileges granted hereunder by Grantee, its officers, employees, agents, or contractors, except to the extent caused by the willful misconduct or negligence of Grantor. 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 Property; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and it will indemnify and hold the City harmless for any breach of the foregoing covenants. [Remainder of page intentionally left blank. Signature page follows.] 230695v1 BHATTI EDINA PROPERTIES, LLC By: Iy AL 4, Its (3/46 9.40S- Aland- i,C [print name] [title] Notary Public IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this ie .-- day of Ap,, / , 2024. GRANTOR: STA 1'1, OF MINNESOTA ) )ss. COUNTY OF 1-teffiv I); ) The foregoing instrument was acknowledged before me this lb 64 day of , 2024, by 56.rx.. Else4U, , the tiirraiC V.Ae..t....A.ri of Bhatti Edina Properties, LLC, a Minnesota limited liability company, on behalf of the entity. SAMANTHA J DOFFING Notary Public State of Minnesota My Commission Expires JanUary31, 2025 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/mew 230698y1 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A 3.00 foot wide easement for sidewalk purposes over, under and across part of Lot 5, Block 4, SOUTHDALE ACRES, according to the recorded plat thereof, Hennepin County, Minnesota. The north line of said easement is described as follows: Beginning at a point on the west line of said Lot 5, distant 30.00 feet south of the northwest corner of said Lot 5; thence running easterly to a point on the east line of said Lot 5, distant 30.00 feet south of the northeast corner of said Lot 5, and said line there terminating. 230698W NE Corner of Lot 5, Block 4 SOUTHDALE ACRES NW Corner of Lot 5, Block 4 1I SOUTHDALE ACRES .., t1 I I o I o t___ ----- Poblic Stresfirnlilly Fassmett 6 pet (me. Na ini5g41 rn —1-".';;:i_Descrlbed Line c I. a Cr! IN I I / Irl A I r - !NI(' N. /nit I-4 1 //ti I-- I e I - I r r • • / I-4 I I I I Pt P.0. B. ' I ) 0 MINNESOTA CERTIFICATION 1 hereby talky Nal OYs sing, plan orreporl was prepared by moor underlie/ direct supenfidon and that I am a duly Licensed Land Surveyor talents/ laws of the Slate or Mtncsola. Dated Ws 20th day al Moab, 2024 4\1 0 20 40 Rory t. sviskaen Fteiesot L .44565 SCALE TN FEET EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT Sidewalk Easement Exhibit Lot 5, Block 4, SOUTHDALE ACRES Edna, Hennepin County, Minnesota DESCRIPTION A3.00 loot Weeeasement for teed% purpases over, under and across pad of Lot 5, pica 4, 930111BALE ACRES, accordne co the recorded dal thereof, Hennepin County, ?Masora. The northbe of said easement ie describedAS MaIlf. Beginning ala pole on filewest Sae retard Lot 5. distant 93.00 feet southnano rofIrMeSI comer of Sale La 5; thence Muting eacierry a a Polni on the east rile of sadlot 5, &Tani 30.00 feetcoulh of the nofttie4S103011if saki Lot 5. and said the there 19MAAAAA0. Easement Area .-- 309 Sq. FL Civil 5)9-le Qm p 5090 GLENWOOD AVENUE GOLDEN VALLEY, MN 55422 CMISiloGroup eon Drawn By; Cralg 1. Project No. 21004 SHEET i OF 1 21069834 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT BANKVISTA, a Minnesota state banking corporation, which holds: 1. A Mortgage , Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents executed by Bhatti Edina Properties, LLC, a Minnesota limited liability company, as Mortgagor, to Bankvista, as Mortgagee, dated April 12, 2022, recorded April 12, 2022, as Document No. T5936855, securing the original amount of $11,158,750.00; And 2. A Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents executed by Bhatti Edina Properties, LLC, a Minnesota limited liability company, as Mortgagor, to Bankvista, as Mortgagee, dated April 12, 2022, recorded April 12, 2022, as Document No. T5936856, securing an amount of $4,868,000.00; on all or part of the property more particularly described on the attached Exhibit "A", for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent to and subject its interest in the property subject to the foregoing Grant of Permanent Easement Dated this a day of 414,31 , 2024, [Remainder of page is intentionally left blank. Signature page is to follow.] 230698v1 BA VISTA By „ k 5R M-5 Cot.; RA [print name] is V P [title] STA 1 b OF ense4 %0 c\ COUNTY OF ( (1.41/43 Ki" )ss. \r\ The foregoing instrument was acknowledged before me this day of ANC , 2024, by 6,, es A. (ors c-4 , the \J Vs-Q \?: eec,;(t@ , of Bankvista, a Minnesota state banking corporation, on behalf of said entity, tart' Public JULIE KAY KOOSMAN NOTARY PUBLIC - MINNESOTA MY COMMISSION MIRES CO/31/2025 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 DSIUmew 230698v1