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HomeMy WebLinkAbout2858Doc No T05160870 Certified, filed and/or recorded on Mar 27, 2014 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 89 Pkg ID 1095477M Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1107950 This cover sheet is now a permanent part of the recorded document. New Certs C GRANT OF PERMANENT EASEMENT 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, forever, a permanent, non-exclusive easement (the "Easement") for public roadway, sidewalk, drainage 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" (the "Easement Area"), subject to the terms hereinafter set forth. 1. The Easement shall include the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Area at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, sidewalk, drainage and utility systems over, across, on, under, and through the Easement Area, together with the right to grade, level, fill, drain and excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions located within the Easement Area interfering with the location, construction, and maintenance of said public roadway, sidewalk, drainage and utility easements (all such activities are hereafter collectively referred to as "City Activities"). 2. In making use of the Easement, the City shall, and shall cause its contractors to: (i) use commercially reasonable efforts to minimize any adverse impact to the business operations conducted by Grantor on the adjacent property, including, but not limited to, keeping the access drive to be installed over the Easement Area at all times open for ingress to and egress from Grantor's adjacent property from and to Hazelton Road; (ii) replace and restore any areas and improvements disturbed by City Activities to the condition they were in prior to the performance thereof; (iii) diligently complete all City Activities once such activities have begun; and (iv) maintain any City installations or equipment located on or about the Easement Area in good order and repair. 3. The Easement is subject to all matters of record, and Grantor hereby reserves from the grant of the Easement the continuing right to use the Easement Area for all purposes not inconsistent with the permitted use of the Easement Area granted to the City herein. 4. The City agrees, as and for consideration given for the grant of the Easement, that no costs associated with City Activities or any other improvements, maintenance, or repair, within the Easement Area or in the right of way of Hazelton Road, shall be charged to or assessed against any property of Grantor, or otherwise be the obligation of Grantor. 5. 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 Area; that it has the sole right to grant and convey the Easement to the City; that there are no unrecorded interests in the Easement Area; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. -2- 6. The rights and obligations of this agreement shall bind and benefit, and be enforceable by, Grantor and the City, and their respective successors and assigns. IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this/ day of '2014. GRANTOR: L B EDINA, LLC .Ke By: t -lis: ijj STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this %�-/- day of J , 2014' ]21::, the 1Z.L5i1)e / —F of L B Edina, C, a Minnesota limited liability company, on behalf of said company. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP/cjh -3- qw&'�'�' N TARY PUBLIC w I1h11V1MVVNIM • Urf cr 'r>. ROBERTA ANN JOHNSON r -"1• *! P iiIARY PUBLIC -MINNESOTA 4. Ex Pres Jan_ 31. 2014 .��n�nnnnnnnn111111A&&AAAAAAAA&AAW s EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT Parcel 15 A permanent easement for roadway, sidewalk, 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 northerly and northeasterly of the following described line: Commencing at the northeast corner of said Lot 2; thence South 00 degrees 11 minutes 54 seconds East, assumed bearing along the east line thereof, 43.09 feet to the point of beginning of the line to be hereinafter described; thence South 89 degrees 46 minutes 15 seconds West, 39.27 feet; thence northwesterly along a non-tangential curve, concave the southwest, 53.03 feet, having a radius of 49.00 feet, central angle of 62 degrees 00 minutes 33 seconds, chord bearing of North 31 degrees 33 minutes 47 seconds West and a chord distance of 50.48 feet to the north line of said Lot 2 and said line there terminating AND ALSO A permanent easement for roadway, sidewalk, drainage and utility purposes over, under and across that part of said Lot 2, described as follows: Commencing at the northwest corner of said Lot 2, thence North 89 degrees 47 minutes 37 seconds East, assumed bearing along the north line thereof, 102.19 feet to the point of beginning of the easement to be hereinafter described; thence continue North 89 degrees 47 minutes 37 seconds East along said north line, 135.00 feet; thence South 00 degrees 12 minutes 23 seconds East, 7.62 feet; thence South 89 degrees 28 minutes 49 seconds West, 135.00 feet; thence North 00 degrees 12 minutes 23 seconds West, 8.36 feet to the point of beginning. (Torrens Certificate of Title No. 1107950) MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT 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 Easement, which mortgage is dated June 19, 2003, and recorded June 20, 2003 as Torrens Document No. 3761425 with the office of the County 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 Easement. Dated this 23r4 day of January, 2014. AMERICAN UNITED LIFE INSURANCE COMPANY By: Steven T. Holland Its:Vice President STATE OF INDIANA ) )ss. COUNTY OF MARION ) The foregoing instrument was acknowledged before me this 23rJ day of January, 20,14, by Steven T. Holland the Vice President of American United Life Insurance Company; :` an, Indiana corporation, on behalf of said corporation. NOTARY PUBLI DRAFTED BY: No i Kathleen M Gregory a f Public Seal State of Indiana CAMPBELL KNUTSON Johnson County Professional Association My Commission Expires 09/05/2019 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP/cjh GP:3581988 v1 V 6 L �y :•rE 06o004Ya-�� qR;' e$ r s`6Bd09406e7g'>Ad��9� GP:3581988 Q Ify PROPOSFD PFRMANFNT ROADWAY. S1DrWAI K AND DRAINAGE AND UTILITY EASEMENT AREA = 3 220 sq ft France Avenue Improvements NA VVSB Pmjw No. 1686400 A ?01 X'"� Avenue South Suite 3W DATE RE\ASED,. 1100013 Minneapolis, MN 55V6 WSB wwwwsbeng,com Easement Parcel Sketch e Parcel No,15 City of Edina, Minnesota INFRASTRUCTURE ENGINEERNO PLANNING CONSTRUCTION Exhibit B CAMPBELL KNUTSON April 8, 2014 Ms. Sharon Allison City of Edina 7450; Mctro Boulevard Edina, Minnesota 55439 Re: City of Edina —Hazelton Road Project Dear Sharon: Enclosed herewith is the original, recorded Grant of Permanent Easement from L B Edina, LLC to the City. Please note that this Easement was recorded with the Hennepin County Registrar of Titles on March 27, 2014, as Torrens Document No. T05160870. If you have any questions regarding the above, please give me a call. cjh Enclosure 175682v1 Very truly yours, CAMPBELL KNUTSON Professional Association Bv_ : C` Carole J. Hoeft Legal Assistant