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Home My WebLink About2989Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer 0 0 II I I I I I I I I 1 I I I Doc No T05566468 Certified, filed and/or recorded on Oct 5, 2018 12:08 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 1744337E Document Recording Fee $46.00 Document Total $46.00 Transfer Entered Oct 5, 2018 12:08 PM PID(s) 29-028-24-31-0027 Existing Certs 1429049 This cover sheet is now a permanent part of the recorded document. SIDEWALK EASEMENT AGREEMENT THIS SIDEWALK EASEMENT AGREEMENT ("Agreement") is made this 8th day of August, 2018 by and between YORKDALE SHOPPES PARTNERS, LLC, a Minnesota limited liability company ("Grantor"), and the CITY OF EDINA, a Minnesota municipal corporation ("Grantee"). Recitals WHEREAS, Grantor and Grantee have entered into that certain Agreement ("Agreement") for the construction of the sidewalk connection at West 68th and Xerxes Avenue; and WHEREAS, Grantee has agreed to construct a permanent sidewalk ("Sidewalk") on behalf of Grantor in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the terms and conditions of this Agreement and such further consideration the receipt and sufficiency is hereby acknowledged, the parties agree as follows: 1. Grant of Easement, Grantor grants and conveys to the Grantee a perpetual, non-exclusive easement for public sidewalk purposes over and across the real property described on the attached Exhibit "A" and depicted on the attached Exhibit "B". 2. Public Sidewalk Use. The easement granted herein will be restricted to use by the Grantee for public sidewalk purposes. 3. Improvements to the Easement Area. The repair, replacement, upkeep and maintenance of the Sidewalk shall be Grantor's responsibility. 4. Binding Effect. This Agreement shall run with the land and shall inure to the benefit of, and be binding upon the parties, their successors and assigns. 5. Recording. The Agreement shall be recorded in the records of Hennepin County, Minnesota. 6. Governing Laws. The laws of the State of Minnesota shall apply to this Agreement. 7. Severability. If any term, provision or condition contained in the Agreement shall, to any extent, be invalid or unenforceable, the remainder of the Agreement shall not be affected thereby, and each term, provision or condition of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 1 199080v1 By; , Its Secretary GRANTEE: CITY OF ED BY. a s ovland, Mayor AND 141 leal, City ager IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be executed effective as of the day and year written above. GRANTOR: YORKDALE SHOPPES PARTNERS, LLC STATE OF MINNESOTA ) (ss, COUNTY OF The foregoing instrument was a owledged before me this day of e_ei.srest.,t„.<_," 2018, by John the S cretary of Yorkdale Shoppes Partners, LLC, a Minnesota limited liability company, on behal of the corn 'any. ,\ Nota blic JANET M. OLSON NOTARY PUBLIC MINNESOTA *Commission Exphes Jen 31,2020 199080v1 2 Notary ublic SHARON M. ALLISON Notary Public-Minnesota My Commission Expires An 31, 2020 STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) "64-- The foregoing instrument was acknowledged before me this — =a day of (..c 2018, by James Hovland and Scott Neal, the Mayor and City Manager, respectively, i f the City of Edina, a Minnesota municipal corporation, on behal the orporation and pursuant to the authority granted by its City Council. DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 (651) 452-5000 199080v1 3 EXHIBIT "A" to SIDEWALK EASEMENT AGREEMENT Legal Description That part of Lot 2, Block 1, Yorkdale Shoppes, Hennepin County, Minnesota, described as follows: Commencing from the Northeast corner South 0 degrees 15 minutes 20 seconds East, a distance of 287.95 feet to point of beginning. Thence commencing South 89 degrees 53 minutes 16 seconds West, a distance of 18 feet; thence South 0 degrees 14 minutes 35 seconds East, a distance of 35 feet; thence North 89 degrees 53 minutes 16 seconds East, thence North 0 degrees 15 minutes 20 seconds West to point of beginning, [Property address: 6775 York Avenue South, Edina, MN 55435 / PIN: 29-028-24-31-0027] 199080v1 4 LOT U 6775 YURI< AVE S POINT OF BEGINNING LOT 2, BLOCK 1 YORKDALE SHOPPES ADDITION 607,72 SO, FT, 68TH ST W EXHIBIT "B" to SIDEWALK EASEMENT AGREEMENT Sketch LOT ;O.F 199080v1 5 SIDEWALK EASEMENT AGREEMENT THIS SIDEWALK EASEMENT AGREEMENT ("Agreement") is made this 8th day of August, 2018 by and between YORKDALE SHOPPES PARTNERS, LLC, a Minnesota limited liability company ("Grantor"), and the CITY OF EDINA, a Minnesota municipal corporation ("Grantee"). Recitals WHEREAS, Grantor and Grantee have entered into that certain Agreement ("Agreement") for the construction of the sidewalk connection at West 68th and Xerxes Avenue; and WHEREAS, Grantee has agreed to construct a permanent sidewalk ("Sidewalk") on behalf of Grantor in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the terms and conditions of this Agreement and such further consideration the receipt and sufficiency is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor grants and conveys to the Grantee a perpetual, non-exclusive easement for public sidewalk purposes over and across the real property described on the attached Exhibit "A" and depicted on the attached Exhibit "B". 2. Public Sidewalk Use. The easement granted herein will be restricted to use by the Grantee for public sidewalk purposes. 3. Improvements to the Easement Area. The repair, replacement, upkeep and maintenance of the Sidewalk shall be Grantor's responsibility. 4. Binding Effect. This Agreement shall run with the land and shall inure to the benefit of, and be binding upon the parties, their successors and assigns. 5. Recording. The Agreement shall be recorded in the records of Hennepin County, Minnesota. Governing Laws. The laws of the State of Minnesota shall apply to this Agreement. 7. Severability. If any term, provision or condition contained in the Agreement shall, to any extent, be invalid or unenforceable, the remainder of the Agreement shall not be affected thereby, and each term, provision or condition of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 1 1 99080v 1 y 4 Ai W' al, Cit 1.1 GRANTEE: CITY OF ED BY anager AND IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be executed effective as of the day and year written above. GRANTOR: YORKDALE SHOPPES PARTNERS, LLC By: John , Its Secretary STATE OF MINNESOTA ) (ss. COUNTY OF rut po,r1 ) The foregoing instrument was a arowledged before me this day of \e..(2 e /1 2018, by John ha on the S cretary of Yorkdale Shoppes Partners, LLC, a Minnesota limited liability company, on behal of the com any. (Not JANET M. OLSON NOTARY PUBLIC MINNESOTA My Ccongssim &ph-ash/I 31,2020 2 199080v I ubl c STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this S day of (.S e 2018, by James Hovland and Scott Neal, the Mayor and City Manager, respectively, f the City of Edina, a Minnesota municipal corporation, on behal, o the orporation and pursuant to the authority granted by its City Council. I SHARON M. ALLISON Notary Public-Minnesota My Commission Expires Jan 31, 2020 DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 (651) 452-5000 199080v1 3 EXHIBIT "A" to SIDEWALK EASEMENT AGREEMENT Legal Description That part of Lot 2, Block 1, Yorkdale Shoppes, Hennepin County, Minnesota, described as follows: Commencing from the Northeast corner South 0 degrees 15 minutes 20 seconds East, a distance of 287.95 feet to point of beginning. Thence commencing South 89 degrees 53 minutes 16 seconds West, a distance of 18 feet; thence South 0 degrees 14 minutes 35 seconds East, a distance of 35 feet; thence North 89 degrees 53 minutes 16 seconds East, thence North 0 degrees 15 minutes 20 seconds West to point of beginning. [Property address: 6775 York Avenue South, Edina, MN 55435 / PIN: 29-028-24-31-0027] 199080v1 4 LOT 14 LOT 15 POINT OF BEGINNING LOT 2, BLOCK 1 YORKDALE SHOPPES ADDITION LOT 73 XERXES AVE 607.72 SQ. FT, 68TH ST W LOT 24 6775 YORI4 AVE S EXHIBIT "B" to SIDEWALK EASEMENT AGREEMENT Sketch 1 99080v 1 5 SIDEWALK EASEMENT AGREEMENT THIS SIDEWALK EASEMENT AGREEMENT ("Agreement") is made this 8th day of August, 2018 by and between YORKDALE SHOPPES PARTNERS, LLC, a Minnesota limited liability company ("Grantor"), and the CITY OF EDINA, a Minnesota municipal corporation ("Grantee"). Recitals WHEREAS, Grantor and Grantee have entered into that certain Agreement ("Agreement") for the construction of the sidewalk connection at West 6811' and Xerxes Avenue; and WHEREAS, Grantee has agreed to construct a permanent sidewalk ("Sidewalk") on behalf of Grantor in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the terms and conditions of this Agreement and such further consideration the receipt and sufficiency is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor grants and conveys to the Grantee a perpetual, non-exclusive easement for public sidewalk purposes over and across the real property described on the attached Exhibit "A" and depicted on the attached Exhibit "B". 2. Public Sidewalk Use. The easement granted herein will be restricted to use by the Grantee for public sidewalk purposes. 3. Improvements to the Easement Area. The repair, replacement, upkeep and maintenance of the Sidewalk shall be Grantor's responsibility. 4. Binding Effect. This Agreement shall run with the land and shall inure to the benefit of, and be binding upon the parties, their successors and assigns. 5. Recording. The Agreement shall be recorded in the records of Hennepin County, Minnesota. 6. Governing Laws. The laws of the State of Minnesota shall apply to this Agreement. 7. Severability. If any term, provision or condition contained in the Agreement shall, to any extent, be invalid or unenforceable, the remainder of the Agreement shall not be affected thereby, and each term, provision or condition of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 1 199080v1 GRANTEE: CITY OF ETI IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be executed effective as of the day and year written above. GRANTOR: YORICDALE SHOPPES PARTNERS, LLC By: John Imo, Its Secretary AND cot eal, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF onto( ) The foregoing instrument was a cnowledged before me this (71 day of \c_on+bcie 2018, by John John n the Secretary of Yorkdale Shoppes Partners, LLC, a Minnesota limited liability company, on behalf •f the compan JANET M. OLSON NOTARY PUBLIC MINNESOTA Commission Expires Jan31,2020 2 199080y1 Notary Pu SHARON M. ALLISON Notary Public-Minnesota My Commission Expires Jen 3t, 2020 STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 64 day of — 2018, by James Hovland and Scott Neal, the Mayor and City Manager, respectively, f the City of Edina, a Minnesota municipal corporation, on be If of thA corporation and pursuant to the authority granted by its City Council. DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 (651) 452-5000 199080vI 3 EXHIBIT "A" to SIDEWALK EASEMENT AGREEMENT Legal Description That part of Lot 2, Block 1, Yorkdale Shoppes, Hennepin County, Minnesota, described as follows: Commencing from the Northeast corner South 0 degrees 15 minutes 20 seconds East, a distance of 287.95 feet to point of beginning. Thence commencing South 89 degrees 53 minutes 16 seconds West, a distance of 18 feet; thence South 0 degrees 14 minutes 35 seconds East, a distance of 35 feet; thence North 89 degrees 53 minutes 16 seconds East, thence North 0 degrees 15 minutes 20 seconds West to point of beginning. [Property address: 6775 York Avenue South, Edina, MN 55435 / PIN: 29-028-24-31-0027] 199080v1 4 LOT 15 6775 YORK AVES POINT OF BEGINNING LOT 2, BLOCK 1 YORKDALE SHOPPES ADDITION 60732 SQ. FT, XERXES AVE LOT 14 68TH ST W 18.0 EXHIBIT "B" to SIDEWALK EASEMENT AGREEMENT Sketch 199080v1 5