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HomeMy WebLinkAbout2854Existing Certs 1401713 1111111111111111111111111111111111111111111 Doc No T05265474 Certified, filed and/or recorded on Jun 17, 2015 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 71 Pkg ID 1256693M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. -7 1 GRANT OF PERMANENT EASEMENT EDINA COMMUNITY LUTHERAN CHURCH, INCORPORATED, a Minnesota non-profit corporation, 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 Minnesota municipal corporation, the Grantee, hereinafter referred to as "City", its successors and assigns, a permanent easement for electrical and communication purposes, hereinafter referred to as "public utilities", over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as legally described as the "Permanent Easement Description" on the attached Exhibit A, and depicted on Exhibit B. INCLUDING the rights of the City, its contractors, agents, servants and assigns, to enter upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public 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 1 other obstructions interfering with the location, construction, and maintenance of said public utility easement. The City shall be responsible for the cost to construct, repair and maintain the utilities located within the Easement Area. In addition, the City shall be responsible for repair and maintenance of the Easement Area, including, but not limited to erosion control, for the two year warranty period following completion of the 2015 City project. However, the City shall resume such maintenance for any future City project involving re -grading or excavation of the permanent easement area. Except for installation of utility poles and wires, the City shall not install any other permanent structures within the Easement Area that would impede Grantor's present access over and across the Easement Area. Grantor reserves the right to use and enjoy the Easement Area, including ingress and egress, as long as Grantor does not interfere with the City's rights set forth herein. Grantor and the City shall indemnify and hold the other party harmless from any and all loss, cost, liability, damage, injury or expense, including reasonable attorneys' fees, which may arise by reason of any violation of law, ordinance or regulation or by reason of injury to or death of a person(s), damage to the property, or claims of lien for work performed and/or materials or supplies furnished, or arising out of or in connection with the use of the Easement Area or arising from or in connection with the willful or negligent acts or omissions of that party or its guests, agents, contractors, employees or successors in interest. 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, subject to an existing mortgage in favor of Thrivent Financial for Lutherans and an existing sanitary sewer easement; that it has the sole right to grant and convey the easements to the City; that there 2 are no unrecorded interests in the easement premises, except utility poles and lines serving adjoining properties. This instrument may be signed in counterparts by the parties hereto. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this 1 qday of ..�. , 2015. GRANTOR: EDINA COMMUNITY LUTHERAN CHURCH, INCORPORATED By: J Name: Daniel A. Tysver Title: President By: NameteasureV ifeG r er Title: STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ( day of J4A4A-e-_' 2015, by Daniel A. Tysver and Jennifer J. Garber, the President and Treasurer, respectively, of Edina Community Lutheran Church, Incorporated, a Minnesota non-profit corporation, on behalf of said corporation. DAVE cox TARY PUBLIC r Notary Public state of Minnesota r� r My Commission Expires January 31, 2019 3 GRANTEE: Title: Mayor By: Z Name: Scott Neal Title: City Manager STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Rday of u✓`� , 2015, by James Hovland and Scott Neal the Mayor and City Manager, respectively, of the City of Edina, a Minnesota municipal corporation, WAYIPUBLIC corporation, Grantee. SHARON M. ALLISON Notary PubloUnnesots Mr Cable* ', Expim.Nn 31, 2020 -------------------- THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 0 EXHIBIT A PARCEL DESCRIPTION: The Northwest Quarter of the Northeast Quarter of the Northeast Quarter of Section 19, Township 28, Range 24, except that part thereof platted as Minnehaha Woods. (Torrens Property/Certificate of Title No. 802346) PERMANENT EASEMENT DESCRIPTION: A permanent easement for utility purposes over, under and across that part of the above described tract, said easement is described as follows: Commencing at the northwest corner of the Northwest Quarter of the Northeast Quarter of the Northeast Quarter (NW '/4 NE 'ANE '/4); thence East along the north line of said Northwest Quarter of the Northeast Quarter of the Northeast Quarter a distance of 36.7 feet; thence South 28 degrees 14 minutes East (assumed bearing) along the center line of Minnehaha Creek a distance of 34.03 feet to a point on the southerly right-of-way line of 54th Street West and the point of beginning of the permanent easement to be herein described; thence continuing South 28 degrees 14 minutes East a distance of 22.68 feet; thence East parallel with said north line of the Northwest Quarter of the Northeast Quarter of the Northeast Quarter a distance of 69.30 feet; thence North 00 degrees 04 minutes 37 seconds West a distance of 20.00 feet to a point on the southerly right-of-way line of 54`" Street West, thence West along the southerly right-of-way of said 54`" Street West a distance of 80.00 feet to the point of beginning. I X1,4 11 .13 ta1.1 Depiction of Easement Area NORTHWEST CORNER OF NORTHWEST QUARTER OF THE NORHTEAST QUARTER OF THE NORTHEAST QUARTER NORTH LINE OF NORTHWEST OUARTER OF THE NORHTEAST QUARTER OF THE NORTHEAST QUARTER SOUTHERLY RIGHT-OF-WAY LINE OF 54TH STREET WEST - 1w.r, 54TH STREET M.00* SOUTH 28 1$ EAST 20.00'' 278.62' LINES PARALLEL MAIN THE NORTH\ \ LINE OF NORTHWEST QUARTER OF THE H ASTQU QUARTER OF THE \ \ NORTHEAST QUARTER SOUTH 28. 14• EAST EXISTING SANITARY SEWER EASEMENT \ \ OG�X A s 17 s EASEMENT N (— -1 TEMPORARY L J EASEMENT 2 � r c MORTGAGE HOLDER CONSENT TO EASEMENT THRIVENT FINANCIAL FOR LUTHERANS, a Wisconsin corporation, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage was filed for record September 5, 2013, as Torrens Document No. T5112854 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, consents, and is subject to the foregoing Grant of Permanent Easement. THRIVENT FINANCIAL FOR LUTHERANS � I . Its: Asst. M" President STATE OF 11tA/NE5o7'A ) ) SS. COUNTY OF WNAI CPll�J ) The foregoing instrument was acknowledged before me this 28 _ day of /'14 y , 20155 by OAm�9Ier the Asst. Vice President of v Thrivent Financial for Lutherans, a Wisconsin corporation, on behalf of said corporation. LAURA JANE ARROWOOD NOTARY PUBLIC MINNESOTA N TARY My Cam�sion F S 1st. 2020 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cj h VA Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott 14. Knetsch Joel J. jan-mik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt David I-1. Schultz Kurt S. Fischer Grand O.ik Office Center 1 860 Bltw Gentian Road Suite 29", E,.ipn, NINN 55"121 651-452-5CCC F,ix 651-234-6237 www.ck-law.coni CAMPBELL KNUTSON July 6, 2015 Ms. Sharon Allison City of Edina 7450 Metro Boulevard Edina, Minnesota 55439 Re: Miscellaneous Recordings Dear Sharon: Enclosed herewith for your file is the original recorded Grant of Permanent Easement from Edina Community Lutheran Church, Incorporated to the City. Please note that this Grant of Permanent Easement was recorded with the Registrar of Titles on June 17, 2015, as Torrens Document No. T05265474. If you have any questions regarding the above, please give me a call. cjh Enclosure 178290vl Very truly yours, Campbell Knutson P ssional Asso 1 *o I V, By: Carole J. Hoeft Legal Assistant