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Home My WebLink About2969Transfer Entered Jul 2, 2018 9:07 AM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer PID(s) 18-028-24-14-0108 I I II I II I I I I I II I I I II Doc No A10569096 Certified, filed and/or recorded on Jul 2, 2018 9:07 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1707061E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. GRANT OF PERMANENT EASEMENT LB 49th 1/2 STREET, 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 are hereby acknowledged, does hereby grant unto the CITY OF EDINA, a Minnesota municipal corporation, as grantee, hereinafter referred to as "City, its successors and assigns, a non-exclusive permanent easement for electric utility purposes including lines, a pole, and appurtenances, hereinafter referred to as "public utilities", over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A". 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 utility systems over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain 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 utility easement. Grantee shall perform, or require to be performed, all of work on the easement 197946v1 parcel as permitted by this agreement in a commercially reasonable manner. Grantee shall not generate, store, transport, treat, dispose of, release or use any hazardous substances on Grantor's parcel. Grantee shall keep Grantor's free and clear of mechanic's, materialmen's and other similar liens filed by reason of work, labor, services or materials supplied or claimed to have been supplied in connection with any such work, and shall pay and discharge when due any and all lawful claims upon which such lien may or could be based. Subject to the terms of this agreement, this agreement is binding upon and inures to the benefit of the parties hereto and their respective legal heirs, successors and assigns. This agreement runs with the land as set forth in this agreement. The partners, shareholders, directors, officers and employees of each party hereto, as the case may be, are not liable for any obligation under this agreement. Neither party hereto is liable to the other under, or in connection with, this agreement for any consequential damages, and both parties hereto waive, to the full extent permitted by law, any claim for consequential damages. This agreement, and the rights and obligations of the parties hereto, must be construed and enforced in accordance with the laws of the State of Minnesota. [The balance of this page is intentionally left blank] 197946v1 IN TESTIMONY WHEREOF, the parties hereto have signed this document this -74-11 day of June, 2018. GRANTOR: LB 49" 'A STREET, LLC By e/C.) /War Its theie STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , 2018, by oyA p, iNneurbn The foregoing ins ent was acknowledged before , the LB 49'" '/2 Street, LLC, a Minnesota limited liability company, on be C C Notary Publi JENNIFER L, KENT Notary Public-Minnesota My Commlaslon Expires Jan 31,2020 me this -1 — day of Ulo te e CtClTtitcyt(1.1 " of f f THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK 197946v1 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT Legal description of the subject property: Lot 1, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition, and the West 35 feet of the East 172 feet of the South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision Number 172; together with that portion of West 49th 1/2 Street now vacated described as follows: The North 1.25 feet of the east 68.76 feet of that part of West 49th 1/2 Street abutting the south boundary of the tract of land described as "Lot 1, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition, and the West 35 feet of the East 172 feet of the South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision Number 172", according to the plat thereof on file and of record in the office of the Hennepin County Recorder, Minnesota. Legal description of easement area: A permanent easement for public utility purposes (including utility lines, utility poles, and appurtenances) over, across, on, under, and through the North 8.00 feet of the West 8.00 feet of the East 145.00 feet of the South 150.00 feet of the North Half of Lot 36, AUDITOR'S SUBDIVISION NO. 172, Hennepin County, Minnesota. [Property address: 3948 Market Street, Edina, MN 55424; PIN 18.028.24.14.0108; abstract] 197946v1 GRANT OF PERMANENT EASEMENT LB 49th % STREET, 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 are hereby acknowledged, does hereby grant unto the CITY OF EDINA, a Minnesota municipal corporation, as grantee, hereinafter referred to as "City", its successors and assigns, a non-exclusive permanent easement for electric utility purposes including lines, a pole, and appurtenances, hereinafter referred to as "public utilities", over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A". 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 utility systems over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain 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 utility easement. Grantee shall perform, or require to be performed, all of work on the easement 197946v1 parcel as permitted by this agreement in a commercially reasonable manner. Grantee shall not generate, store, transport, treat, dispose of, release or use any hazardous substances on Grantor's parcel. Grantee shall keep Grantor's free and clear of mechanic's, materialmen's and other similar liens filed by reason of work, labor, services or materials supplied or claimed to have been supplied in connection with any such work, and shall pay and discharge when due any and all lawful claims upon which such lien may or could be based. Subject to the terms of this agreement, this agreement is binding upon and inures to the benefit of the parties hereto and their respective legal heirs, successors and assigns. This agreement runs with the land as set forth in this agreement. The partners, shareholders, directors, officers and employees of each party hereto, as the case may be, are not liable for any obligation under this agreement. Neither party hereto is liable to the other under, or in connection with, this agreement for any consequential damages, and both parties hereto waive, to the full extent permitted by law, any claim for consequential damages. This agreement, and the rights and obligations of the parties hereto, must be construed and enforced in accordance with the laws of the State of Minnesota. [The balance of this page is intentionally left blank] 197946v1 IN TESTIMONY WHEREOF, the parties hereto have signed this document this day of June, 2018. GRANTOR: LB 49th 1/2 STREET, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of R.si) 2018, by \ICY\ 2 re‘g. 21(- , the i), grri )),..-k .1- of LB 49th 'A Street, LLC, a Minnesota limited liability company, on behalf of the entity. JENNIFER L. ENT its my Nc o o tmaiLPi rELIci - rea Minnesota Jen 2020 3t Notary Publi THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK 197946v1 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT Legal description of the subject property: Lot 1, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition, and the West 35 feet of the East 172 feet of the South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision Number 172; together with that portion of West 49th 1/2 Street now vacated described as follows: The North 1.25 feet of the east 68.76 feet of that part of West 49th 1/2 Street abutting the south boundary of the tract of land described as "Lot 1, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition, and the West 35 feet of the East 172 feet of the South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision Number 172", according to the plat thereof on file and of record in the office of the Hennepin County Recorder, Minnesota. Legal description of easement area: A permanent easement for public utility purposes (including utility lines, utility poles, and appurtenances) over, across, on, under, and through the North 8.00 feet of the West 8.00 feet of the East 145.00 feet of the South 150.00 feet of the North Half of Lot 36, AUDITOR'S SUBDIVISION NO. 172, Hennepin County, Minnesota. [Property address: 3948 Market Street, Edina, MN 55424; PIN 18.028.24.14.0108; abstract] 197946v1 49th St W Edina, Hennepin, MetroGiS I @ WSB & Associates 2013,-0 WSB & Associates 2013 1 in = 94 ft The CITY a EDINA W±E September 20, Map Powered by Datalink