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Home My WebLink About2918Receipt 5/19/2017 11:48 AM County Recorder/Registrar of Titles Auditor/Treasurer Hennepin County Package ID: 1547977 Doc # Document Name Fee T5443858 Easement $46.00 ---------------------------- T5443859 --------------------- Easement $46.00 -------------------------------------------------------------- T5443860 Easement $46.00 -------------------------------------------------------------- T5443861 Easement $46.00 Total $184.00 -- -- -- -- — -- Tender Amounts - — Check Check No: $184.00 Total $184.00 Existing Certs New Certs 1441878 Hennepin County, MN Date: 5/19/2017 11:53 AM Batch: 65969 Trans #: 2 Hennepin County Recorder's office 300 S. 6th Street A-500 Minneapolis MN 55487 612-348-5139 Receipt #:01944624 DOCUMENT RECORDING Package 70:1547977 Recording Fee $184.00 --------------- ------------------------- Transaction Total: $184.00 Check 11050 Tendered: $184.00 WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW Thank youl www.hennepin.us WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW (reserved for recording infonnation) GRANT OF PERMANENT EASEMENT SOUTHDALE CENTER, 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 sidewalks and underground 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," subject to the terms of Exhibit "C." 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 sidewalks and 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 sidewalks and utility systems. 192138v1 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 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. 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 hereby 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 Jqu' day of MU `1 52017. SOUTHD C ER LC By: Nam John Rulli Its: Senior Executive Vice President — Chief Administrative Officer STATE OF I N DI AN P ) )ss. COUNTY OF mA2iof 1 ) The foregoing instrument was acknowledged before me this ( I day of 1M 4-' , 2017, by J04(i J "L -L I the EyEZ,A V*E V -P -- of Southdale Center, LLC, a Delaware limited liability company, on behalf of said company. GAC) Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 RNKlcjh 192138vl uuu� ,p�yinreo�!,,� JENNIFER L. SZUMSKI .NOTARY. Notary Public, State of Indiana SEAL r Marion County Commission Al 625890 My COMMIS 1611 5xpires April 24, 2019 1 2 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A permanent easement for sidewalk and utility purposes over, under and across that part of Tract B, REGISTERED LAND SURVEY NO. :IM4, files of the Registrar of Titles, Hennepin County, Minnesota, lying southeasterly of a line described as commencing at the southeast corner of said Tract B; thence on an assumed bearing of North 18 degrees 14 minutes 51 seconds East, along the easterly line of said Tract B, a distance of 249.24 feet to an angle point in said easterly line of Tract B; thence North 11 degrees 14 minutes 51 seconds East, along said easterly line of Tract B, a distance of 49.25 feet to a point of curvature in said easterly line of Tract B; thence northerly 21.55 feet, along said easterly line of Tract B, being a tangential curve concave to the west, having a radius of 133.00 feet and a central angle of 9 degrees 16 minutes 58 seconds to the point of beginning of the line to be described; thence South 22 degrees 03 minutes 02 seconds West 76.43 feet; thence South 7 degrees 43 minutes 58 seconds West 24.19 feet; thence South 18 degrees 14 minutes 51 seconds West 34.61 feet; thence South 31 degrees 51 minutes 47 seconds West 36.41 feet; thence South 4 degrees 20 minutes 56 seconds West 35.69 feet; thence South 18 degrees 14 minutes 51 seconds West 118.15 feet to the south line of said Tract B and said line there terminating. 3 192138v1 EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT 4 192138v1 PROPOSED EASEMENT ,SKETCH FOR. K MLEY-HOM,, INC. A 78 °30'20 �� Homewood Suites, Edina, AIN 0 EA"m r ro +4) A WLY LOXN89045109"W OF TRACT D _R=27.00 98.66 -' NY2 °45'0,9 t% W 66 TK - - e STREET 99 ''`- `--. P ♦ 24,19 �J O 34.61 � I 5,31'51'47 W _----- % ` `f C' S)q 36.41 � 4i f! r 2LQ _" 1 J 8 TR env t r� J f+ t 4 192138v1 A 78 °30'20 �� r � j PRopoS£D 0 EA"m r ro +4) _R=27.00 D J714 so. FT 99 ''`- `--. P ♦ 24,19 `QJ�o 34.61 � I 5,31'51'47 W _----- % ` `f C' S)q 36.41 � V) acct y� ti TR env t r� J f+ VLY QCT f9 OF A ` 33- C) ' Ct o 60 120 ' -EAST-", R CF EAST " - 3 LINE OF TRACT 5 TRACT Men 1� [J SCALE IN FEET 1 SHEET R OF R SHEETS T11 TT (Y / T y IIB y� 9�1 ■`,/! loo ingBloton, Min ssotaFre Bloomington, IAlnneaota 55420-3435 5420(3510Y 34.35 � },] [ if ilA►. 952-881-2455 (Fax: 952—BBB-13525) 2012-552-i W/2A 1.28 R.24 5.29 ''UT 2012052F002wmt.dd9 LAND &VRVFMG WWW,✓ti1unda.oam 4 192138v1 EXHIBIT "C" UTILITY EASEMENT PROVISIONS 1. Grantee shall install the utility facilities at such depth so as to not interfere with the use of the easement lands by Grantor or otherwise as a public sidewalk, and upon completion of such installation, Grantee shall furnish to Grantor a set of reproducible drawings which accurately depict the installed location of the utility facilities and the approximate original depth thereof. 2. Grantee shall thereafter perform all necessary maintenance, repairs and replacement of the utility facilities. 3. The installation, maintenance, repair and replacement of the utility facilities shall be accomplished at no cost or expense to Grantor and Grantee shall, at its expense, promptly restore the subsurface and surface of the land (including pavement, curbs, gutters, landscaping and the like) to the same condition that existed prior to such installation, maintenance, repair and replacement by Grantee. 4. Grantee agrees that there shall be no construction between October 16 and December 31 of any given year. 5. 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. 6. 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. 5 192138v1