HomeMy WebLinkAbout2865CAMPBELL KNUTSON
September 19, 2014
Ms. Sharon Allison
City of Edina
7450 Metro Boulevard
T dims.. M:Put :esotc 55AIQ
Re: City of Edina —Miscellaneous Recording
Dear Sharon:
Pursuant to your letter of August 22, 2014, enclosed herewith is the original
recorded Grant of Permanent Easement from Southdale Center, LLC to the City.
Please note that this Easement was recorded with the Hennepin County Registrar of
Titles on September 2, 2014, as Torrens Document No. T05196744.
If you have any questions regarding the above, please give me a call.
cjh
Enclosure
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Very truly yours,
Campbell Knutson
Prof ssional Associ 'o
By:
Carole J. Hoeft
Legal Assistant
1111111111111111111111111111111111111
Doc No T05196744
Certified, filed and/or recorded on
Sep 2, 2014 12:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 84 Pkg ID 1148497M
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1366483
This cover sheet is now a permanent part of the recorded document.
GRANT OF PERMANENT EASEMENT
SOUTHDALE CENTER, LLC, a Delaware 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, 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," INCLUDING
the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent
easement premises at all reasonable times, subject to the terms of attached Exhibit "C", to
construct, reconstruct, inspect, repair, and maintain said public sidewalk system 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 other obstructions interfering with the location, construction, and
maintenance of said public sidewalk easement.
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
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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.
Notwithstanding the above, the rights, privileges and easements granted herein are
expressly subject to, and Grantee, for itself, its successors and assigns, by the use and enjoyment
of such rights, privileges and easements, does agree to be bound by the terms and conditions set
forth in Exhibit "C" attached hereto and incorporated herein by reference.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this ze
day of 7 , 2014.
GRANTOR:
SOUTHDALE CENTER, LLC, a Delaware limited
liability company
Name:
Its: David J. Contis
Sr. Executive VP - President
Simon Malls
STATE OF INDIANA )
) ss.
COUNTY OF MARION )
The foregoing instrume t w4s acknowledged before me thi�� day of
2014, by / 6; , C7,'—p /S the �S1��1,�� 3G� . 1W S hdale
Center, LLC, a Delaware limited liability company, on behalf of said limited liability company
L0 .
L. L pis
.•�MISSIOiy
: w� ober 2,? F/o�•.
2 : NOTARY SEAST
T ; Q
11111110
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INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/jmo
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EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
An 8.00 foot easement for public sidewalk purposes over and across that part of Tract A,
REGISTERED LAND SURVEY NO. 1815, files of the Registrar of Titles, Hennepin County,
Minnesota. The easterly line of said easement is described as follows:
Commencing at the northeast corner of Tract B, REGISTERED LAND SURVEY NO.
1815, files of the Registrar of Titles, Hennepin County, Minnesota, thence North 0
degrees 04 minutes 00 seconds East, assumed bearing, along the east line of said
REGISTERED LAND SURVEY NO. 1815 a distance of 662.09 feet to the point of
beginning of said easterly line; thence North 0 degrees 04 minutes 00 seconds East, a
distance of 195.00 feet; thence North 18 degrees 12 minutes 24 seconds East a distance of
249.24 feet; thence North 11 degrees 12 minutes 24 seconds East, a distance of 49.25 feet
and said easterly line there terminating.
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EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
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W. 66TH T. .�t`
v7. e
R.L.S. NO, 1815
TRACT A
fr
rr }
TRAI, S f
TRACT A
/ACT 9
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W
D
W
PC
8 <
f3nNT OF
TER"""n°" SIDEWALK EASEMENT
YORK AVE BY SOUTHDALE
{
An 0.00 foot easement far public. walkway
purpoees over and aaroee that part of Tract
------
A. REMITERED LAND SURVEY NQ IBIS, files
of thv Registrar of TTtly% Honnwln County,
Mhrneeotm The omteriy Ilne of said easement
Is described as Tallows-
Ccrnmencing at the nartheast corner of
Tract S. REGISTERED LAND SURVEY N0. 1815,
Ines of the Registrvr of Titles, Hennepin
Count MlnnBeata, thenos North 0 dvpreoe
04 rn Lee 00 seconds East, oesumsd
bearing, along the east line of adld
-- — — — REGIS'TEREO LANG] SURVEY N0. IBIS 0
distance of 982.09 feet to the point of
beginning of sold easterly IIn% thence Nath
D degnms t14 minutes DO seconds Ecot, a
distance of 195.00 feet; thence North 19
deppress 12 minutes 24 eeoonde East a
distance of 249.24 feet; thence North 11
degrees 12 minute 24 secmds Eask o
distance of 49,25 feet and sold easterly line
there terminating,
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CUNMENCEM�
EXHIBIT "C"
EASEMENT PROVISIONS
Grantee agrees that there shall be no construction between October 16 and December 31 of
any given year.
2. Grantor reserves to itself and its successors and assigns, tenants and others claiming by,
through or under Grantor, the unrestricted use of the easement lands for pedestrian ingress and egress, and
to make such other uses of the easement lands, including underground utilities, as are not herein expressly
prohibited and are not inconsistent with the rights and easements herein granted.
3 Grantee will exercise its right under this Agreement in such a way as to not interfere with
the conduct by Grantor or others claiming by, through or under Grantor of the business(es) now or
hereafter located on the easement lands and on the lands located adjacent thereto.
4. Grantee will protect, indemnify, defend and hold harmless Grantor from and against any
and all claims (and expenses including without limitation reasonable attorney fees) for death of or injury
to any person or damage to property, or any action of every kind and nature which may arise out of or in
connection with or by reason of the construction, installation, operation, maintenance, repair or use of the
facilities, or by reason of Grantee's use of the easements hereinbefore granted, or by reason of the exercise
of any other right granted it hereunder, except to the extent such claims and actions arise out of or result
from the negligent acts or omissions of Grantor, its successors, assigns, agents, contractors,
subcontractors, tenants and others acting under authority of, by, through or under Grantor.
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