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HomeMy WebLinkAbout2883Doc No T05376220 Certified, filed and/or recorded on Aug 15, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1437558M Document Recording Fee $46.00 Multiple Certificates Affected Fee $60.00 Document Tota! !�! $106.00 Existing Certs 1390494, 1390502, 1390505, 1390506 This cover sheet is now a permanent part of the recorded document. l3go4qL,,L �3904 va- 5g05oS i39oS()(0 GRANT OF PERMANENT EASEMENT LMC EDINA HOLDINGS, LLC, a Delaware 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 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 utility 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 utility easement. The City shall be responsible for the maintenance and operation of the watermain and sanitary sewer. In the event the City determines that it is necessary to 181952v1 excavate for repair of the watermain and sanitary sewer system, the City is not responsible for restoring the ground surface to its original condition. 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. IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this � day of 52016. , 2016. GRANTOR: LMC EDINA HOLDINGS, LLC B Dou b Its: Vice President I t.L1rn0I % STATE OF M OT -A ) C.,'0tt. )ss. COUNTY OF HENtiffR) The foregoing instrument was acknowledged before me this G +v, day of 2016, by Doug Bober, Vice President — LMC Edina Holdings, LLC, a Delaware Limited Liability. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP/cjh 181952vl Notary Public OFFICIAL SEAL TERRI J SOLOMON Notary Public - State of Illinois My Commission Expires May 11, 2017 (. EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT LEGAL DESCRIPTION FOR PERMANENT WATER MAIN EASEMENT: A 10.00 foot wide permanent easement for public utility purposes over, under and across part of Lots 1, 2, 3 and 4, Block 2, YORK TERRACE, according to the recorded plat thereof, Hennepin County, Minnesota, part of vacated West 67th Street and part of vacated York Avenue South as dedicated in said plat of YORK TERRACE and part of Tract P, Registered Land Survey No. 432, and part of Tract F, Registered Land Survey No. 629, files of the Registrar of Titles, Hennepin County, Minnesota. The center line of said easement is described as commencing at the southwest corner of Tract A, Registered Land Survey No. 1357, files of the Registrar of Titles, Hennepin County, Minnesota; thence South 00 degrees 06 minutes 27 seconds West, assumed bearing, along the west line of said Tract F, Registered Land Survey No. 629, a distance of 13.83 feet to the point of beginning of said center line; thence South 89 degrees 57 minutes 46 seconds East 25.77 feet to a point hereinafter referred to as Point "A"; thence continuing South 89 degrees 57 minutes 46 seconds East 460.04 feet; thence South 56 degrees 31 minutes 31 seconds East 30.60 feet; thence on a bearing of South 4.49 feet to a point hereinafter referred to as Point "B"; thence continuing on a bearing of South 258.77 feet to a point hereinafter referred to as Point "C"; thence continuing on a bearing of South 9.32 feet; thence South 22 degrees 59 minutes 16 seconds West 50.62 feet; thence on a bearing of West 118.61 feet; thence North 44 degrees 13 minutes 48 seconds West 33.81 feet; thence on a bearing of West 134.45 feet; thence North 71 degrees 02 minutes 06 seconds West 46.00 feet; thence on a bearing of West 78.66 feet; thence North 77 degrees 35 minutes 48 seconds West 16.15 feet to a point hereinafter referred to as Point "D"; thence continuing North 77 degrees 35 minutes 48 seconds West 39.72 feet; thence on a bearing of West 18.23 feet; thence North 00 degrees 03 minutes 49 seconds East 35.90 feet; thence South 89 degrees 27 minutes 12 seconds West 20.48 feet to the west line of said Tract F and said center line there terminating. Together with a 10.00 foot wide permanent easement whose center line is described as beginning at above described said Point "A"; thence South 00 degrees 02 minutes 14 seconds West 11.18 feet and said center line there terminating. Together with a 10.00 foot wide permanent easement whose center line is described as beginning at above described said Point "B"; thence on a bearing of East 10.79 feet and said center line there terminating. Together with a 10.00 foot wide permanent easement whose center line is described as beginning at above described said Point "C"; thence on a bearing of East 21.57 feet to the east line of said Lot 4 and said center line there terminating. 181952v1 Together with a 10.00 foot wide permanent easement whose center line is described as beginning at above described said Point "D"; thence North 12 degrees 24 minutes 12 seconds East 9.69 feet and said center line there terminating. AND LEGAL DESCRIPTION FOR SANITARY SEWER EASEMENT: A 20.00 foot wide permanent easement for public utility purposes over, under and across part of vacated York Avenue South as dedicated in the plat of YORK TERRACE, according to the recorded plat thereof, Hennepin County, Minnesota and part of Tract P, Registered Land Survey No. 432, and part of Tract F, Registered Land Survey No. 629, files of the Registrar of Titles, Hennepin County, Minnesota. The center line of said easement is described as commencing at the southwest corner of Tract A, Registered Land Survey No. 1357, files of the Registrar of Titles, Hennepin County, Minnesota; thence South 00 degrees 06 minutes 27 seconds West, assumed bearing, along the west line of said Tract F, Registered Land Survey No. 629, a distance of 337.97 feet to the point of beginning of said center line; thence on a bearing of East 287.17 feet and said center line there terminating. 1819520 181952vl EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT WE5, TRA< Na � a 6 ---4- --/ Llt 4 r11 Citic { C] �t py � 9 fir, v � �• r� _ _ _ �"fy♦ � ~ a- 0 INEAST t� • � i LINE OF L r M �, "M 2. TORE )Oi AH9WES (CO /V NO X) 991 y T EVER P, N00'06'17 F3'S, 9 s Y 360 33 PEA DOC. qOL 61ti i6 ��� � Z7- ITS, y,, { a ' t py � 9 fir, v � �• _ _ _ �"fy♦ � ~ o :n 1VDW AV'M's SCURI ` ----__—.f -------- ...................W I--(A�a, • vigyy i i �1A `' EAST UNE -v .�+� OF TRACT P, �� f� �1 .- �� ' �NOO'1236"W RLS 110. X17 �►�� 7.118•. in �r� rr-'YL'7 n • r u'F rq $00'13'20 E - 4.1141 Y? M A �JF 8 SCALE I Ineh - a0 Feet w MORTGAGE HOLDER CONSENT TO EASEMENT WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, which holds a Combination Mortgage, Assignment of Leases and Rents, Security Agreement And Fixture Filing on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated July 29, 2015, and filed for record with the Hennepin County Registrar of Titles on July 31, 2015, as Torrens Document No. T05277514, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to and subjects its interest in the property subject to the foregoing Grant of Permanent Easement. WELLS FARGO BANK, NATIONAL ASSOCIATION Its: Vic- WSI& STATE OF (C6("tn, ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this`' day of , 2016, by C NNE Vlk-[ fn the of Wells Fargo Bank, National Association, a national banking association, on its behalf. NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 1879090 MARIE C BARNES Notary Public, North Carolina Mecklenburg County ,.; My Commission Expires April 13. 2019 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott. B. Knetsch Joel J. Jamnik Andreas McDowell Poehler Soren M. Mattick John F. Kelly Flenry A. Schaeffer, III Ahna Schwartz Shana N. Conklin Array B. Schutt James J. Mong , III Jerome -1. Porter Kurt S. Fischer Grand Oak Office Center I 860 Blue Gentian Road Suite 290, Eagan. MN 55121 651-452-5^,0" Fax 651-234-623' w %k Ni xk-la kt .co Oil CAMPBELL KNUTSON September 7, 2016 Ms. Sharon Allison City of Edina 7450 Metro Boulevard Edina, Minnesota 55439 Re: Miscellaneous Recordings Dear Sharon: Enclosed per your request is the original recorded Grant of Permanent Easement from LMC Edina Holdings, LLC to the City. Please note that this Grant of Permanent Easement was recorded with the Registrar of Titles on August 15, 2016, as Torrens Document No. 705376220. If you have any questions regarding the above, please give me a call. cjh Enclosure 178290v1 Very truly yours, Campbell Knutson Professional Association By: _'�N� � -k'" Carole J. Hoeft Legal Assistant