The URL can be used to link to this page

Home My WebLink About2950HELLMUTH JOHNSON PLLC AYYORNEY8 AT LA: WRITER'S DIRECT DIAL No.: (952) 746-2198 E-MAIL: MKLEMM(PHJLAWFIRM.COM MSBA BOARD CERTIFIED SPECIALIST REAL PROPERTY LAW February 9, 2018 City of Edina Planning Division Attn: Cary Teague Community Development Director 4801 West 50th Street Edina, MN 55424 Re: Property Address: 3901 West 70th Street, Edina, Minnesota Grant of Permanent Easement (Sidewalk Easement) to City of Edina Our File No.: 18847.0020 Dear Mr. Teague: Our firm represents EFRANCE2 LLC in connection with redevelopment of the property located at 3901 West 70th Street in Edina. Please find enclosed for the City's records the original Grant of Permanent Easement (Sidewalk Easement) recorded on January 26, 2018, as Document No. T05509348 in the office of the Hennepin County Registrar of Titles. If you have any questions, please contact me at 952-746-2198. Very truly yours, HELLMUTH & JOHNSON, PLLC Michael D. Klemm Attorney at Law MDK/law Enclosure cc: Hector R. Viiias (via email) Sara L. Vinas (via email) 18847.0020 -- 35489401 8050 West 78th Street, Edina, MN 55439 • T 952-941-4005 F 952-941-2337 www.hjlawfirm.com No delinquent taxes Transfer Entered Jan 26, 2018 4:30 PM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer Existing Certs 1455791 Doc No T05509348 Certified, filed and/or recorded on Jan 26, 2018 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 96 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1653506M $46.00 $46.00 (reserved for recording ii fonnation) GRANT OF PERMANENT EASEMENT EFRANCE2 LLC, a Minnesota 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 sidewalk 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 sidewalk 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 sidewalk systems. 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, with the written consent of the mortgagee, attached hereto; 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. q -4 -- IN - - - IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this lb day of 2018. GRANTOR: EFRANCE2 LLC 01 By: Name: Hector R. Vinas Title: Chief Manager STATE OF FLORIDA ) )ss. COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day o , 2018, by Hector R. Vinas, the Chief Manager of EFrance2 LLC, a Minnesota limited liability co pany, on behalf of said limited liability company. YOLANDATORRES 40 s°��Y P��o my COMMISSION #GG085640 EXPIRES: JUL 13, 2021 Bonded through 1st State Insurance DRAFTED BY: CAMPBELL KNUTSON, P.A. 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 [RNK] 4za'4e'� - Notary Public EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT PUBLIC SIDEWALK EASEMENT - EAST That part of Tract A, Registered Land Survey No. 677, Hennepin County, Minnesota, lying West of a line parallel with and 50 feet Westerly of the East line of Section 31, Township 28, Range 24, described as follows: Beginning at a point on the south line of said tract distant 62 feet west of the east line of said Section 31; thence north parallel with said east line, assuming said east line bears North 00 degrees 11 minutes 54 seconds West, a distance of 117.02 feet along the west line of the Highway Easement, filed as document number 2100705 in the Office of the Registrar of Titles, Hennepin County, Minnesota; thence North 45 degrees 03 minutes 30 seconds West along said Highway Easement, a distance of 12.93 feet; thence South 00 degrees 11 minutes 54 seconds East 79.94 feet; thence South 19 degrees 05 minutes 34 seconds East 22.00 feet; thence South 00 degrees 11 minutes 54 seconds East 25.43 feet to the south line of said tract; thence South 89 degrees 55 minutes 35 seconds East along said south line 2.00 feet to the point of beginning. PUBLIC SIDEWALK EASEMENT - NORTH That part of Tract A, Registered Land Survey No. 677, Hennepin County, Minnesota, lying West of a line parallel with and 50 feet Westerly of the East line of Section 31, Township 28, Range 24, described as follows: Commencing at the northwest corner of said Tract A; thence South 89 degrees 55 minutes 35 seconds East, assumed bearing along the north line of tract, 16.70 feet to the point of beginning; thence continuing South 89 degrees 55 minutes 35 seconds East 133.33 feet to the intersection of the north line of said tract and the Highway Easement, filed as document number 2100705 in the Office of the Registrar of Titles, Hennepin County, Minnesota; thence South 45 degrees 03 minutes 30 seconds East along said Highway Easement, a distance of 9.65 feet; thence North 89 degrees 55 minutes 35 seconds West 72.12 feet; thence North 87 degrees 01 minutes 51 seconds West 17.87 feet; thence North 89 degrees 55 minutes 35 seconds West 19.11 feet; thence North 79 degrees 10 minutes 13 seconds West 31.64 feet to the point of beginning. EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT 11011111 LIlf O° Hit IVL 114 OF Nk 114 OFS;EC. J/ W 70TH STREET (PUBLIC) S89'55'35"E 195.00 ........ ...... ......... . ... ... .......... . ........... .......... ......... ;19 '10 . ...... ... ...... . ... . .................. I\ , lV89,515'.35"W 72.12 N896535ly '--NORTH tM TRACI A 19.11 17.87 NOWHWES1 CCNML�R TRACK A S 9 ,414675 SOUTH LINE TRACT A N89'55'35"W 195.00 PROPOSED PUBLIC SIDEWALK EASEMENT Ono EDINA RETAIL up PROPOSED PUBLIC SIDEWALK EASEMENT EXHIBIT 3901 W, 70TH STREET ogre: S EDINA, MINNESOTA IZ ,414675 SOUTH LINE TRACT A N89'55'35"W 195.00 PROPOSED PUBLIC SIDEWALK EASEMENT Ono EDINA RETAIL up PROPOSED PUBLIC SIDEWALK EASEMENT EXHIBIT 3901 W, 70TH STREET ogre: S EDINA, MINNESOTA 44'61'36" ........ . . . . . . . . C) ............. . . . . . . . . . . . . .......... ............. ... . . . . . . . . . . - -- . - - - - - ... 6:5: . . . . . . . . .-ii_- ci --------- - 11 LO . . . . . . . . . . . ... . . . . . . . . . . . . . . . . .... .......... k w ....... .... ........... . . . . . . . . . . . . . . . . . . . . . . 2:00 I 0 15 30 60 FEET SCALE IN CONSENT OF MORTGAGEE Great Southern Bank, a Missouri state chartered trust company ("Mortgagee"), is the mortgagee of the real property described in that certain Real Estate Mortgage, Security Agreement and Financing Statement ("Mortgage") dated December 8, 2017, filed December 11, 2017, as Document No. T05496504 in the Office of the Hennepin County Registrar of Titles. In its sole capacity as mortgagee, Mortgagee hereby consents to the foregoing Grant of Permanent Easement ("Easement"), and hereby declares that said real property is, and shall be held, transferred, sold, conveyed and occupied subject to the easements set forth therein, which Easement shall run with the real property and be binding on all parties having any right, title or interest in the properties described therein or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof; provided, however, that said consent is hereby made solely for the purpose of burdening and subjecting said real property with the Easement; and provided further, however, that such consent does not in any way or manner modify or amend the terms and conditions of any of the loan documents executed and delivered in conjunction with and in accordance with the above described mortgage loan. IN WITNESS WHEREOF, day of , 2018. STATE OF &O&C 50� )ss. COUNTY OF P f ✓t Mortgagee has caused this Consent to be executed on the10 10 GREAT SOUTHERN BANK P. . . .`� By: C randt Its: Vice President The foregoing instrument was acknowledged before me this J day of �r , 2018, by Carl P. Brandt, Vice President of Great Southern Bank, a Missouri state chartered dust company, on behalf of the trust company. Notary Public This instrument was drafted by: Hellmuth & Johnson, PLLC 8050 West 78' Street Edina, MN 55439 (952) 941-4005 (MDK: 18847.0020 — 3513992_1) E�a,„„; WAftlLIYULLAH AL HAMEED (k: z Notary Public Minnesota `, My Comm. Expires Jan 31, 2020