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Home My WebLink About2922No delinquent taxes Transfer Entered Jul 25, 2017 2:02 PM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer PID(s) 30-028-24-41-0001 Existing Certs 1418911 11111111111111111111111111111111111111111111111111 Doc No T05460905 Certified, filed and/or recorded on Jul 25, 2017 2:02 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 120 Pkg ID 1575869C Attested Copy or Duplicate Original $2.00 Document Recording Fee $46.00 Total This cover sheet is now a permanent part of the recorded document. $48.00 GRANT OF PERMANENT EASEMENT (Public Walkway) SOUTHDALE OFFICE PARTNERS LLC, a Minnesota limited Iiability 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 non-exclusive 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" (the "Easement Premises'). The grant of easement provided herein includes a right of reasonable ingress to and egress from the Easement Premises for 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, at the City's sole cost and expense, 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 181639vI/10461886v5 interfering with the location, construction, and maintenance of said public walkways,rop vided that such rights are. subject to the following: 1. Excepting any improvements City makes to the Easement Premises in connection with the- aforementioned public walkways, City, at its own expense, shall restore, as nearly as possible, the Easement Premises to the condition existing prior to City's entry onto the Easement Premises. 2. Grantor, on behalf of itself, its successors, assigns, tenants, and licensees reserves the right to use the Easement Premises in a manner not inconsistent with the rights herein conveyed, or which does not interfere with or endanger City's improvements. Notwithstanding the foregoing, the Grantor, its successors, assigns, tenants and licensees shall be permitted to construct, reconstruct, install, maintain, repair and replace the improvements that may encroach upon the easement area, if any, as shown on the site plan attached hereto as Exhibit "B" and any existing utility lines that may encroach upon the easement area, if any. The provisions of this grant shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3. Except as specifically set forth herein, it is expressly understood and agreed that the easement granted hereunder is nonexclusive and is granted subject to all currently existing valid easements, agreements, covenants, restrictions, and conditions of record affecting the Easement Premises or any part thereof. The provisions of this grant shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 4. City hereby agrees that it will not use the Easement Premises or perform any work therein in such a manner as to interfere with the conduct of business by Grantor, any tenant of Grantor (including, but not limited to, Bank of America, National Association), 181639v1/10461886v5 their successors, or assigns on the larger parcel owned by Grantor of which the Easement Premises are a part, and that City will not impede access to Grantor's property or to the business of any tenant or occupant thereof. Each party will be responsible for any damage or injury suffered by such party, its agents, employees, or contractors while using the Easement Premises. The City shall not, however, be responsible for any damage to the retaining wall on or adjacent to the Easement Premises caused by the City`s snowplowing. 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. [signature follows on next page] 181639vl/10461886v5 IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this day of June, 2017. GRANTOR: SOUTHDALE OFFICE PARTNERS LLC, a Minnesota limited liability company By: SOUTHDALE PARTNERS MN LLC, a Minnesota limited liability company Its: Administrative Member By: Name: Dennis J. Db@e Its: Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) /Q 1_h The foregoing instrument was acknowledged before me this � day o Vie, 2017, by Dennis J. Doyle, the Chief Manager of Southdale Partners MN LLC, a Minnesota limited liability company, the Administrative Member of Southdale Office Partners LLC, a Minnesota limited liability company, Grantor. THIS INSTRUMENT DRAFTED BY: CAMPBELL KNuTsoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651452-5000 RNK/cjh 181639v1/10461886v5 Notary Public 9WWVAHLINNESOTARES 01/31/20 EXMIT "A" TO GRANT OF PERMANENT EASEMENT Legal Description of Easement Area An easement over and across the following described property: That part of the Southeast Quarter of Section 30, Township 28, Range 24, Hennepin County, Minnesota, lying Easterly of the Westerly line of Valley View Road except that part thereof lying South of the North line, and its Westerly extension, of the plat of South Office Park First Addition. EXCEPT those portions taken as street or road. Said easement is described as commencing at the northeast corner of said Southeast Quarter of Section 30; thence South 00 degrees 06 minutes 27 seconds West, along said east line of the Southeast Quarter of Section 30, a distance of 1763.76 feet; thence North 89 degrees 59 minutes 23 seconds West 65.00 feet to the point of beginning of the easement to be described; thence South 00 degrees 06 minutes 27 seconds East 41.47 feet; thence southerly and westerly a distance of 219.56 feet along the westerly right of way of France Avenue, being a non-tangential curve concave to the northwest, having a radius of 118.00 feet, a central angle of 106 degrees 36 minutes 38 seconds and a chord that bears South 53 degrees 40 minutes 14 seconds West; thence northwesterly 158.96 feet, along the northerly line of West 69th Street, being a non-tangential curve concave to the northeast, having a radius of 300.00 feet, a central angle of 30 degrees 21 minutes 32 seconds and a chord that bears North 57 degrees 27 minutes 42 seconds West; thence North 42 degrees 28 minutes 08 seconds West, not tangent to last described curve, along the northeasterly right of way line of Valley View Road a distance of 177.21 feet; thence North 47 degrees 20 minutes 01 second East 5.40 feet; thence South 42 degrees 39 minutes 59 seconds East 8.73 feet; thence South 68 degrees 29 minutes 03 seconds East 8.58 feet; thence South 42 degrees 51 minutes 25 seconds East 114.05 feet; thence South 32 degrees 08 minutes 07 seconds East 13.25 feet; thence South 24 degrees 32 minutes 43 seconds West 2.66 feet; thence South 43 degrees 17 minutes 03 seconds East 42.68 feet; thence North 89 degrees 24 minutes 44 seconds East 20.37 feet; thence southeasterly 124.73 feet on a non- tangential curve concave to the northeast, having a radius of 280.00 feet, a central angle of 25 degrees 31 minutes 26 seconds and a chord that bears South 59 degrees 51 minutes 55 seconds East; thence easterly 91.13 feet on a non-tangential curve concave to the north having a radius of 98.45 feet, a central angle of 53 degrees 01 minute 59 seconds, and a chord that bears North 80 degrees 08 minutes 19 seconds East; thence northeasterly 75.44 feet on a non-tangential curve concave to the northwest having a radius of 108.12 feet, a central angle of 39 degrees 58 minutes 33 seconds and a chord that bears North 36 degrees 26 minutes 29 seconds East; thence North 00 degrees 06 minutes 27 seconds East, not tangent to last described curve, a distance of 59.65 feet to a line bearing North 89 degrees 59 minutes 23 seconds West from the point of beginning; thence South 89 degrees 59 minutes 23 seconds East 16.00 feet to the point of beginning. 181639v1/10461886v5 EXMIT "B" TO GRANT OF PERMANENT EASEMENT Depiction of Easement Area (see next page) 181639vl/10461886v5 9L'f4Lt tZ '3Db HL 'dM1 Ot �3S M,L2,4D�05 3S 314LJD3411_3... ltvc-J t/! 1' I VJ 0` a .7/ 1/Y31V �N�Y VV 5,�\l! ztpism jjfi ! ld Li. �. Y� co Lu ou 3w i� �; l ► seryl ::> _ Qt or i o'er G ..,• \ � t; rye. - .i'�' b� �\ �m Y �- .` Y. ''V+�+ y� ,yam; �7• iL /!( !� �o� Vii♦ �'!:j�::.`: -„+� � p gj9� r �f 1- ''Sr ' • ee�`t' 3 r 57, ye. is INS, I U O _ .i Prlf a 181639vl/10461886v5 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT Associated Bank, National Association, a national banking association, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents is dated February 24, 2016 and recorded February 29, 2016, as Document No. T05329935 with the office of the 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, consents and is subject to the above referenced easement document. Dated this �_ day of Ji , 2017. Associated Bank, National Association, a national banking association By. c� Its: STATE OF ) )ss. COUNTY OF rr(l Cforegog miinstrument was acknowledged before me this `�ci day of e, 2017, by 7r J i�� fir the f/ U of Associated B , National Association, a national banking association, on its behalf. uMB Au �t+IN, AareE*kM= n:1 THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Southdale Office Center, Edina, MN MNW-055 10481002v1 Page - 22 - Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 Southdale Office Center, Edina, MN NM -055 10481002vl Page - 23 -