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HomeMy WebLinkAbout2860Existing Certs 1135407 I III III 1111111111111111111111111111111111 Doc No T05215595 Certified, filed and/or recorded on Nov 14, 2014 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 26 Doc Name: Easement Pkg ID 1176502M Document Recording Fee $46.00 Document Total This cover sheet is now a permanent part of the recorded document. $46.00 GRANT OF PERMANENT EASEMENT MACY'S RETAIL HOLDINGS, INC., a New York 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 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 walkway 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 walkway systems 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 walkway easement. 1755080 Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. Grantor specifically reserves the right to allow other utility lines to be installed under, across and within the property subject to these easements, provided such do not interfere with or endanger the installations of the City or the maintenance thereof. In making use of the easements granted herein, the City shall and shall cause its contractors to: (i) review the work schedule and traffic control with Grantor's local management to limit any impact of the City's activities on Grantor's business and access to Grantor's property, (ii) make commercially reasonable efforts to minimize any adverse impact to the business operations conducted by Grantor on the adjacent property; (iii) replace and restore any areas and improvements disturbed to the condition they were prior to the performance of such work, except for the areas improved by the Grantee in accordance with approved plans and specifications, and raise or lower any and all manholes and/or manhole castings to conform to the elevation of the planters, parking area, driveway and road surfaces in which they are located; (iv) diligently complete all installations and other work once such activities have begun, and (v) thereafter maintain the City's facilities and related equipment in good order and repair. The City shall not permit any claim, lien or other encumbrance arising from its activities to accrue against or attach to the easement premises or the interest of Grantor in adjacent property. At all times during construction and other activities, (i) the City will maintain a minimum of one lane vehicular ingress and one lane vehicular egress between France 1755080 Avenue and Grantor's adjacent property via the existing access road on the south side of Grantor's property, and (ii) the City will maintain vehicular ingress and egress over at least one of the two curb cut areas between Grantor's property and the adjacent property to the south during all hours of operation of Grantor's business on such property. The construction period of the easement improvements shall not exceed eight (8) weeks without Grantor's written consent. The easements granted herein are subject to all valid and existing licenses, leases, grants, exceptions, encumbrances, title defects, matters of record, reservations and conditions affecting Grantor's property, including the property subject to these Easements and access 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 above described 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 that it will indemnify and hold the City harmless for any breach of the foregoing covenants. The rights herein granted may not be assigned in whole or in parts without Grantor's reasonable consent. Grantor hereby consents to an assignment or license [continued on following page] 1755080 agreement for the public walkway easement between the Grantee and Three Rivers Park District. IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this day of October, 2014. 1755080 GRANTOR: MACY'S RETAIL HOLDINGS, INC., a >-Goe n oeller, Senior Vice President STATE OF OHIO )ss. COUNTY OF HAMILTON The foregoing instrument was acknowledged before me on October -__a, 2014, by Carl L. Goertemoeller, Senior Vice President of Macy's Retail Holdings, Inc., a New York corporation, on behalf of said corporation, Grantor. ! VWRAW.F. I WCE: 1755080 ELIZABETH J. HAASS Notary Public, State of Ohio My commission Expires March 26, 2017 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) 9 James B. Hovland, Mayor The foregoing instrument was acknowledged before me this day of 2014, by James B. Hovland and Scott Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK/cjh 1755080 rA F ; pr' 1'VA ) 11 _V" loz aim, I hN Wd I V,'1 9 1 MA is] M Y DEBRA MANGEN �' i NOTARY PUBLIC- MINNESOTA My Commission Expires Jan. 31, ?015 M.M.^H.�MNMI.MPMM�I.w.� n,n,n EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A 20 foot easement for public walkway purposes over and across that part of Lot 3, Block 7, YORKTOWN according to the recorded plat thereof, Hennepin County, Minnesota. The centerline of said easement is described as follows: Commencing at the southwest corner of said Lot 3; thence North 0 degrees 13 minutes 38 seconds West, along the west line of said Lot 3 a distance of 24.00 feet to the beginning of said centerline; thence South 89 degrees 40 minutes 00 seconds East a distance of 525.00 feet; thence North 80 degrees 40 minutes 00 seconds East a distance of 111.05, feet more or less, to the easterly line of said Lot 3, and said centerline there terminating. 175508v3 L