HomeMy WebLinkAbout2981Transfer Entered
Aug 15, 2018 3:09 PM
Hennepin County, Minnesota
Mark Chapin
County Auditor and Treasurer
PID(s)
06-116-21-44-0043
Existing Certs
1376388
11
Doc No T05553935
Certified, filed and/or recorded on
Aug 15, 2018 3:09 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1724594E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
THIS AGREEMENT made this
SCHWARZROCK and CAMILLE SCHW
to as "Grantors", to the CITY OF EDINA,
hereinafter referred to as "City".
day of , 2018, by TIMOTHY
ROCK, husband d wife, hereinafter referred
a Minnesota municipal corporation, the Grantee,
PID: 06-116-21-44-0043
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
WITNESSETH:
TEMPORARY EASEMENT
The Grantors, in consideration of One Dollar ($1.00) and other good and valuable
consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, hereby grant unto the City, its successors and assigns a temporary construction
easement over, on, across, under, and through the land situated in the County of Hennepin, State of
Minnesota, as legally described in the attached Exhibit "A" and depicted on the attached Exhibit
"B"("Temporary Construction Easement ").
TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants,
successors and assigns, commencing upon execution of this document and expiring October 31,
2019, together with the right of ingress to and egress from the Temporary Construction Easement,
for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property
of the City, at the will of the City, its successors and assigns, it being the intention of the parties
hereto that the Grantors hereby grant the uses herein specified without divesting themselves of the
right to use and enjoy the above described Temporary Construction Easement, subject only to the
right of the City to use the same for the purposes herein expressed; it being further intentioned by
the parties that if any of the City's activities cause any disruption of the surface of the Temporary
Construction Easement, the City shall cause such surface areas of the Temporary Construction
Easement to be put back in a condition as close as reasonably possible to the condition which
existed prior to the City's activities thereon, provided the City shall not be required to replace any
shrubs, bushes, trees or other vegetation.
197643v1
PERMANENT EASEMENT
FURTHER, the Grantors, in consideration of the additional sum of One Dollar ($1.00) and
other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency
of which is hereby acknowledged, do hereby grant and convey unto the City, its successors and
assigns, forever, a permanent easement for public roadway, sidewalk, drainage and utility purposes
over, across, on, under, and through the land situated in the County of Hennepin, State of
Minnesota, as legally described in the attached Exhibit "A" and depicted on the attached Exhibit
"B" ("Permanent Easement Premises").
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public roadway, sidewalk, drainage and utility systems over, across, on,
under, and through the Permanent Easement Premises, together with the right to grade, level, fill,
drain, pave 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 roadway, sidewalk, drainage and utility easements.
The above named Grantors, for themselves, their heirs, successors and assigns do covenant
with the City, its successors and assigns, that they are well seized in fee title of the above-described
easement premises; that they have the sole right to grant and convey the easements to the City; that
there are no unrecorded interests in the easement premises; and that they will indemnify and hold
the City harmless for any breach of the foregoing covenants.
(Remainder of the page intentionally left blank
Signature page follows)
197643v1 2
MORTGAGE HOLDER CONSENT
TO
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
ASSOCIATED BANK, N.A., which holds a mortgage on all or part of the property
more particularly described in the foregoing Grant of Temporary and Permanent Easement,
which mortgage is dated February 4, 2016, recorded February 17, 2016 as Torrens Document
No. T05327666 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, consent to, and is subject to the foregoing Grant of Permanent and
Temporary Easement.
ASSOCIATED BANK, N.A.
soriL
STATE OF WIS cents t )
)ss.
COUNTY OF PORIA 6e )
The foregoing instrument was acknowledged before me this 121k. day of
Stt
roi.
2018, by jiniice_t- the
Assis VW ()read-Li* of Associated Bank, N.A., a Repre.S'errfediVe,
, on behalf of the entity..
Notary Pu
My corms fat eiroireS 111141
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone (651) 452-5000
RNK
197643v1 4
EXHIBIT "A"
TO
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
Legal description of subject property:
Lot 2, Block 1, Braemar Hills Sixth Addition, Hennepin County, Minnesota.
[Property address: 6803 Valley View Road, Edina, Minnesota.]
Legal description of Temporary Construction Easement:
A temporary construction easement over, under, and across that part of the above
described property which lies northerly of Line A described as follows:
Line A: Commencing at the northwest corner of said Lot 2; thence South 00
degrees 37 minutes 20 seconds East, assumed bearing along the east line thereof,
11.14 feet to the point of beginning of said line to be hereinafter described; thence
North 61 degrees 05 minutes 45 seconds East, 2.70 feet; thence South 02 degrees
56 minutes 03 seconds East, 2.71 feet; thence North 87 degrees 03 minutes 57
seconds East, 35.96 feet; thence North 14 degrees 48 minutes 41 seconds West,
13.17 feet; thence North 70 degrees 11 minutes 40 seconds East, 66.17 feet;
thence South 65 degrees 33 minutes 40 seconds East, 30.14 feet to the east line of
said Lot 2, and said line there terminating.
EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and
across that part of the above described property which lies northerly and westerly of the
following described line:
Commencing at the northwest corner of said Lot 2; thence South 00 degrees 37
minutes 20 seconds East, assumed bearing along the west line thereof, 733 feet to
the point of beginning of said line to be hereinafter described; thence North 61
degrees 05 minutes 45 seconds East, 46.14 feet to the northwesterly line of said
Lot 2, and said line there terminating.
AND EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and
across that part of the above described property which lies northerly and easterly of the
following described line:
Commencing at the northwest corner of said Lot 2; thence North 70 degrees 11
minutes 40 seconds East, assumed bearing along the northwesterly line thereof,
83.47 feet to the point of beginning of said line to be hereinafter described; thence
North 90 degrees 00 minutes 00 seconds East, 22.57 feet; thence South 65 degrees
33 minutes 40 seconds East, 26.04 feet to the east line of said Lot 2, and said line
there terminating.
I 97643 vl 5
Legal description for Permanent Easement:
A permanent easement for public roadway, sidewalk, drainage and utility purposes over,
across, on, under, and through that part of the above described property which lies northerly
and westerly of the following described line:
Commencing at the northwest corner of said Lot 2; thence South 00 degrees 37 minutes
20 seconds East, assumed bearing along the west line thereof, 7.73 feet to the point of
beginning of said line to be hereinafter described; thence North 61 degrees 05 minutes 45
seconds East, 46.14 feet to the northwesterly line of said Lot 2, and said line there
terminating,
AND
A permanent easement for roadway purposes over, under, and across that part of the above
described property which lies northerly and easterly of the following described line:
Commencing at the northwest corner of said Lot 2; thence North 70 degrees 11 minutes
40 seconds East, assumed bearing along the northwesterly line thereof, 83.47 feet to the
point of beginning of said line to be hereinafter described; thence North 90 degrees 00
minutes 00 seconds East, 22.57 feet; thence South 65 degrees 33 minutes 40 seconds
East, 26.04 feet to the east line of said Lot 2, and said line there terminating.
197643vI 6
//A PERMANEAR ROADWAY EASEMENT AREA- 42660. FT.
1 216013720*E
,,. POI OF 34f NT
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,,....YR °PLOT 2 -3, 1,
P-V SZO'21 at N .%
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1117 OWNER: T a C 13SHWARMOOK
ADDRESS: EROS VALLEY VIEW RO
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197513v t
1 TEMPORARY CONSTRUCTION EASEMENT AREA - 1,240 80. Ft
PARCEL 11NE
Valley View Road
Easement Exhibit
Address: 6803 Valley View Rd
PID: 06-116-21-44-0043
City of Edina, Minnesota
WOO ritiera to. 010616-003 OS 58 115
7
Prepared by:
Ins
EXHIBIT "B"
TO
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
PM: 06-116-21-44-0043
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
THIS AGREEMENT made this
SCHWARZROCK and CAMILLE SCHW
to as "Grantors", to the CITY OF EDINA,
hereinafter referred to as "City".
WITNESSETH:
day of , 2018, by TIMOTHY
ROCK, husband land wife, hereinafter referred
a Minnesota municipal corporation, the Grantee,
TEMPORARY EASEMENT
The Grantors, in consideration of One Dollar ($1.00) and other good and valuable
consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, hereby grant unto the City, its successors and assigns a temporary construction
easement over, on, across, under, and through the land situated in the County of Hennepin, State of
Minnesota, as legally described in the attached Exhibit "A" and depicted on the attached Exhibit
"B"("Temporary Construction Easement ").
TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants,
successors and assigns, commencing upon execution of this document and expiring October 31,
2019, together with the right of ingress to and egress from the Temporary Construction Easement,
for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property
of the City, at the will of the City, its successors and assigns, it being the intention of the parties
hereto that the Grantors hereby grant the uses herein specified without divesting themselves of the
right to use and enjoy the above described Temporary Construction Easement, subject only to the
right of the City to use the same for the purposes herein expressed; it being further intentioned by
the parties that if any of the City's activities cause any disruption of the surface of the Temporary
Construction Easement, the City shall cause such surface areas of the Temporary Construction
Easement to be put back in a condition as close as reasonably possible to the condition which
existed prior to the City's activities thereon, provided the City shall not be required to replace any
shrubs, bushes, trees or other vegetation.
197643v1 1
PERMANENT EASEMENT
FURTHER, the Grantors, in consideration of the additional sum of One Dollar ($1.00) and
other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency
of which is hereby acknowledged, do hereby grant and convey unto the City, its successors and
assigns, forever, a permanent easement for public roadway, sidewalk, drainage and utility purposes
over, across, on, under, and through the land situated in the County of Hennepin, State of
Minnesota, as legally described in the attached Exhibit "A" and depicted on the attached Exhibit
"B" ("Permanent Easement Premises").
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public roadway, sidewalk, drainage and utility systems over, across, on,
under, and through the Permanent Easement Premises, together with the right to grade, level, fill,
drain, pave 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 roadway, sidewalk, drainage and utility easements.
The above named Grantors, for themselves, their heirs, successors and assigns do covenant
with the City, its successors and assigns, that they are well seized in fee title of the above-described
easement premises; that they have the sole right to grant and convey the easements to the City; that
there are no unrecorded interests in the easement premises; and that they will indemnify and hold
the City harmless for any breach of the foregoing covenants.
(Remainder of the page intentionally left blank
Signature page follows.)
197643v1 2
1-AILZ/2_1C,
Camille Schwarzrock
Notai b is
IN TESTIMONY WHEREOF, the Grantors hereto have signed this agreement the day
and year first above written.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2018, by Timothy Schwarzrock and Camille Schwarzrock usband and wife.
ELIZABETH A. MOORE
NOTARY PUBLIC • MINNESOTA
My Commission Expires
January 31, 2022
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone (651) 452-5000
RNK
197643v1
3
Notary Pu
My wnini 1-,9n etpires 14 bq
4-P 4. Pi,N U49,4141 s t , k , 0 ot •ii * 0,
MORTGAGE HOLDER CONSENT
TO
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
ASSOCIATED BANK, N.A., which holds a mortgage on all or part of the property
more particularly described in the foregoing Grant of Temporary and Permanent Easement,
which mortgage is dated February 4, 2016, recorded February 17, 2016 as Torrens Document
No. T05327666 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, consent to, and is subject to the foregoing Grant of Permanent and
Temporary Easement.
ASSOCIATED BANK, N.A.
STATE OF (WIS CONS /14 )
)ss.
COUNTY OF PORTA he )
The foregoing instrument was acknowledged before me this I2-NL
S 1/44a , 2018, by jp_miiceir ale
AstAsi.°A. via for€Mciort" of Associated Bank, N.A., a ReerecurtediVe,
, on behalf of the entity..
day of
the
(5).
1111„,f OF NI6C-4, Voti..\\N
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone (651) 452-5000
RNK
I 97643v I
EXHIBIT "A"
TO
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
Legal description of subject property:
Lot 2, Block 1, Braemar Hills Sixth Addition, Hennepin County, Minnesota.
[Property address: 6803 Valley View Road, Edina, Minnesota.]
Legal description of Temporary Construction Easement:
A temporary construction easement over, under, and across that part of the above
described property which lies northerly of Line A described as follows:
Line A: Commencing at the northwest corner of said Lot 2; thence South 00
degrees 37 minutes 20 seconds East, assumed bearing along the east line thereof,
11.14 feet to the point of beginning of said line to be hereinafter described; thence
North 61 degrees 05 minutes 45 seconds East, 2.70 feet; thence South 02 degrees
56 minutes 03 seconds East, 2.71 feet; thence North 87 degrees 03 minutes 57
seconds East, 35.96 feet; thence North 14 degrees 48 minutes 41 seconds West,
13.17 feet; thence North 70 degrees 11 minutes 40 seconds East, 66.17 feet;
thence South 65 degrees 33 minutes 40 seconds East, 30.14 feet to the east line of
said Lot 2, and said line there terminating.
EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and
across that part of the above described property which lies northerly and westerly of the
following described line:
Commencing at the northwest corner of said Lot 2; thence South 00 degrees 37
minutes 20 seconds East, assumed bearing along the west line thereof, 7.73 feet to
the point of beginning of said line to be hereinafter described; thence North 61
degrees 05 minutes 45 seconds East, 46.14 feet to the northwesterly line of said
Lot 2, and said line there terminating.
AND EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and
across that part of the above described property which lies northerly and easterly of the
following described line:
Commencing at the northwest corner of said Lot 2; thence North 70 degrees 11
minutes 40 seconds East, assumed bearing along the northwesterly line thereof,
83.47 feet to the point of beginning of said line to be hereinafter described; thence
North 90 degrees 00 minutes 00 seconds East, 22.57 feet; thence South 65 degrees
33 minutes 40 seconds East, 26.04 feet to the east line of said Lot 2, and said line
there terminating.
197643vI 5
Legal description for Permanent Easement:
A permanent easement for public roadway, sidewalk, drainage and utility purposes over,
across, on, under, and through that part of the above described property which lies northerly
and westerly of the following described line:
Commencing at the northwest corner of said Lot 2; thence South 00 degrees 37 minutes
20 seconds East, assumed bearing along the west line thereof, 7.73 feet to the point of
beginning of said line to be hereinafter described; thence North 61 degrees 05 minutes 45
seconds East, 46.14 feet to the northwesterly line of said Lot 2, and said line there
terminating.
AND
A permanent easement for roadway purposes over, under, and across that part of the above
described property which lies northerly and easterly of the following described line:
Commencing at the northwest corner of said Lot 2; thence North 70 degrees 11 minutes
40 seconds East, assumed bearing along the northwesterly line thereof, 83.47 feet to the
point of beginning of said line to be hereinafter described; thence North 90 degrees 00
minutes 00 seconds East, 22.57 feet; thence South 65 degrees 33 minutes 40 seconds
East, 26.04 feet to the east line of said Lot 2, and said line there terminating.
197643v1 6
197643v1 7
/
1 N611LIS4i'E
/,,,_,./ 46.14 --1
‘ NW CORNER ,...e, OF LOT 2~i
e- , <-17 331:r3r2D-E,_ ' -1 7 -
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ci. POINT OF S41 -
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IL
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13.17 OWNER: T B C SCHWARZIOCK
ADURE'SS: WO VALLEY VIEW RD
P16:.66-115-2444-0043
I'- W UNE LOT- 2
I f‘OF LOT 2 NBTOYert r 96 _J
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/S.
055133•40'E
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Prepared by:
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PERMAKENT ROADWAY FasFMENT AREA- 45550. FT.
TEMPORARY CONSTRUCTION EASEMENT AREA - 1,240 CQ FT.
Valley View Road
Easement Exhibit
Address: 6803 Valley View Rd
RID: 06-116-21-44-0043
City of Edina, Minnesota
1VM3 awiect 140. 610.516432 Dale: 57114
EXHIBIT "B"
TO
GRANT OF TEMPORARY AND PERMANENT EASEMENTS