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HomeMy WebLinkAbout2851No delinquent taxes Transfer Entered Dec 7, 2015 12:00 PM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer Doc No A10266697 Certified, filed and/or recorded on Dec 7, 2015 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 81 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1329896M $46.00 $46.00 GRANT OF PERMANENT EASEMENT DRFC EDINA INDUSTRIAL BLVD 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, forever, a permanent easement for public sidewalk and utility purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit `B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public sidewalk and utility system over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the 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 and utility easement; provided, however, that, by accepting and using the easement rights granted herein, the City agrees: (i) all 1 isissivi utilities and related facilities shall only be installed and located underground; (ii) to minimize interference with the use and operation of the real property of which the easement premises is a part by Grantor and its tenants, and their employees, agents, contractors, and invitees; (iii) to assure that while exercising any of the rights granted herein that there is always vehicular access in and out of such real property to and from a public right of way during business hours (as determined by Grantor); (iii) to restore the easement premises following any work to substantially the condition it was in prior to such work; and (iv) to be responsible for any damage to any improvements or property caused by the City, its contractors, agents, servants, and assigns. Grantor reserves the right to use, occupy, and grant further easements for all purposes not inconsistent with the rights granted herein. 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 above described easement premises; that it has the sole right to grant and convey the easement to the City subject to existing easements and matters of record; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. [Signature Page Follows] 2 isiagivI MORTGAGEE'S CONSENT TO GRANT OF PERMANENT EASEMENT The undersigned, BREMER BANK, NATIONAL ASSOCIATION, a national banking association ("Mortgagee"), is holder of an Amended and Restated Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents ("Mortgage"), executed by DRFC Edina Industrial Blvd LLC, a Minnesota limited liability company ("Mortgagor"), in favor of Mortgagee, dated August 11, 2015. Said Mortgage was recorded on August 20, 2015 in the office of the County Recorder of Hennepin County, Minnesota as Document No. A10228435. The Mortgagee desires to waive any objection it may have to the execution, acknowledgment and recording of the foregoing Grant of Permanent Easement (the "Easement"), by Mortgagor. NOW, THEREFORE, in consideration of One Dollar ($1.00) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mortgagee, for itself, its successors, and assigns, hereby consents to the foregoing Easement, and to all the terms, covenants, easements and conditions contained in said Easement, and consents to the recording of said Easement in the office of the County Recorder in and for Hennepin County, Minnesota. In addition, Mortgagee, for itself, its successors and assigns, agrees that the Mortgage shall be, and the same hereby is made, subject and subordinate to the foregoing Easement with the same force and effect as though the foregoing Easement had been executed, delivered and recorded prior to the date of the Mortgage. IN WITNESS WHEREOF, this Consent has been executed by the undersigned as of this fJ day of &t,� , 2015. BREMER BANK, NATIONAL ASSOCIATION By: F� Terry L. Kriesel Its Senior Vice President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of & icju4b" 2015, by Te L. Kriesel, the Senior Vice President of Bremer Bank, National Association, a national b ing sociatiAi o- behalf of the association. ' JONI L, ZINE NOTARY PUBLIC • MINNESOTA it 31, 2020 My Commission Exp es Jan. 4 181881v1 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A permanent easement for sidewalk and utility purposes over, under and across that part of Lot 3, Block 1, EDINA INTERCHANGE CENTER SIXTH ADDITION, Hennepin County, Minnesota, which lies westerly and southerly of the following described line: Beginning at the northwest corner of said Lot 3; thence easterly on and assumed bearing of South 89 degrees 31 minutes 30 seconds East, along the north line of said Lot 3, a distance of 7.00 feet to the point of beginning of the line to be described; thence South 0 degrees 07 minutes 14 seconds West a distance of 121.00 feet; thence South 27 degrees 58 minutes 22 seconds East a distance of 11.00 feet; thence southerly along a 23.00 foot radius tangential curve, concave to the west, having a central angle of 50 degrees 43 minutes 51 seconds and a distance of 20.36 feet; thence southeasterly along a 18.00 foot radius reverse curve, concave to the northeast, having a central angle of 112 degrees 41 minutes 56 seconds and a distance of 35.41 feet; thence South 89 degree 56 minutes 27 seconds East, tangent to said curve, a distance of 122.00 feet; thence North 65 degrees 24 minutes 45 seconds East a distance of 15.00 feet; thence South 66 degrees 16 minutes 45 seconds East a distance of 12.00 feet; thence South 89 degree 23 minutes 37 seconds East to the east line of said Lot 3 and said line there terminating. 5 181881v1 EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT r Illifl I��„ Metro Boulevard t s u ssee i as }- _ �x 9 rn I d ' tl �s^ �'t Sgn82 � xs tl� I A %,Z& ,--Zdw A itt .I Es j2 g 3 @ 3 fl2, n CD u i as }- _ �x 6 1818810