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Transfer Entered II II II I I I I
I I I II
I I
II
Doc No T05592019
Certified, filed and/or recorded on
Jan 31, 2019 8:53 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 120 Pkg ID 1786275E
Document Recording Fee $46.00
Document Total $46.00
Jan 31, 2019 8:53 AM
Hennepin County, Minnesota
Mark Chapin
County Auditor and Treasurer
PID(s)
28-117-21-31-0027
Existing Certs
1455749
This cover sheet is now a permanent part of the recorded document.
AMENDED AND RESTATED
GRANT OF PERMANENT EASEMENT
THIS AMENDED AND RESTATED GRANT OF PERMANENT EASEMENT is
made and entered into as of/qday of 1:thilvot,/ , 20J by ORION INVESTMENTS
EDINA III, LLC, a Minnesota limited liability company, as grantor, hereinafter referred to as
"Grantor". This instrument amends, restates, and supersedes, in its entirety, that certain Grant of
Permanent Easement dated January 20, 2016, and recorded in the records of the Office of the
Registrar of Titles for Hennepin County, Minnesota on March 8, 2016 as Document No.
T05331860.
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor
does hereby grant unto CITY OF EDINA, a Minnesota municipal corporation, hereinafter
referred to as the "City", its successors and assigns, a permanent easement for public walkway,
drainage and utility purposes, over, across, on, under, and through land situated within the
County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and
depicted on the attached Exhibit "B ("Easement Premises").
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 walkway, drainage and utility systems over, across, on, under, and through
the Easement Premises, together with the right to grade, level, fill, drain and excavate the
200157v3
Easement Premises, and the further right to remove trees, bushes, undergrowth, and other
obstructions interfering with the location, construction, and maintenance of said public walkway,
drainage and utility systems. The City shall be responsible for repair and maintenance of the
Easement Premises, including, but not limited to erosion control, for the two year warranty
period following completion of the project.
The City shall not install any other permanent structures within the Easement Premises
that would impede Grantor's present access over and across the Easement Premises. Grantor
reserves the right to use and enjoy the Easement Premises, including ingress and egress, as long
as Grantor does not interfere with the City's rights set forth herein.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the 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.
[The balance of this page is intentionally left blank.]
[Signature page to follow]
2
200157v3
IN TESTIMONY WHEREOF, the Grantor has signed this document as of the day and
year first above written.
GRANTOR:
ORION INVESTMENTS EDINA III, LLC
7-e-o
Its: 1S
STATE STA1E OF MINNESOTA )
)ss.
COUNTY OF fle_evA/400 )
The foregoing instrument was acknowledged before me this '7 7 rirday of
xojeviej...4_ , 20/137, by tgo Clieeconi , the /11/913A-er,c1-z_
of ORION INVESTMENTS EDINA III, LLC, a Minnesota limited liability company, on its
behalf.
'27edgeelOA---- (1),E0101/101—
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
amp
NICHOLAS ANTHONY SCARRELLA
NOTARY PUBLIC • MINNESOTA
MY COMMISSION EXPIRES 01131/2020
200157v3
EXHIBIT "A"
TO
AMENDED AND RESTATED GRANT OF PERMANENT EASEMENT
PARCEL DESCRIPTION:
The correct Legal Description for this Certificate of Title is as follows as described within
Hennepin County Document Number T5520191:
Lots 29, 30, 31 and 32, Block 3, "Grand View Heights", except that part of said Lots taken by the
State of Minnesota for state highway purposes, and except vacated Summit Avenue adjoining
said Lot 29,
The Easterly 1.00 foot of that portion vacated Summit Avenue adjoining Block 3, "Grand View
Heights" as dedicated in said plat, described as follows:
Commencing at the Southeast corner of Lot 5, Block 4, "Grand View Heights"; thence Easterly
along the Easterly extension of the South line of said Lot 5 to a point on the centerline of said
Summit Avenue being the point of beginning of the land to be described; thence Northerly along
said centerline of Summit Avenue to the Southerly right-of-way of Interlachen Boulevard
(County Road No. 20); thence Southeasterly to the most Northerly corner of Lot 32, Block 3,
"Grand View Heights"; thence Southerly along the West line of said Block 3 to its intersection
with the Easterly extension of the Southerly line of said Lot 5; thence Westerly to the point of
beginning.
(Torrens Property/Certificate of Title No, 1455749)
PERMANENT EASEMENT DESCRIPTION:
A permanent easement for public walkway, drainage and utility purposes over and across Lots 29,
30, 31, and 32, Grand View Heights, according to the recorded plat thereof, Hennepin County,
Minnesota, Said easement is described as follows.
Commencing from the North corner South 42 degrees 51 minutes 5 seconds East, a distance of
13.5 feet; South 35 degrees 51 minutes 5 seconds East, a distance of 71.08 feet to point of
beginning of permanent easement to be herein described; thence continuing South 54 degrees 8
minutes 55 seconds West, a distance of 6.46 feet; thence south 36 degrees 47 minutes 37 seconds
east, a distance of 147.64 feet; thence due north, a distance of 6.89 feet; thence north 35 degrees 51
minutes 5 seconds west, a distance of 142.03 to point of beginning.
4
200157v3
POINT OF BEGINNING
LO
5000-08
LOTS 29, 30, 31 AND 32
GRAND VIEW HEIGHTS ADDITION
\)-
EXHIBIT B
TO
AMENDED AND RESTATED GRANT OF PERMANENT EASEMENT
200157v3
of
of
before
the
me this Ll* day
S1/4.)P
I The foregoing instrumen was acknowledged
,...)acetUQ ry , 204, by M Ps_A-Cc
Bridgewater Bank, a Minnesota banking corporation, on its b= I
MORTGAGE HOLDER CONSENT
TO
AMENDED AND RESTATED GRANT OF PERMANENT EASEMENT
BRIDGEWATER BANK, a Minnesota banking corporation, which holds a Construction
Mortgage dated May 21, 2018, recorded May 22, 2018 as Document No. T05531969 with the
Hennepin County Registrar of Titles, a First Amendment to Construction Mortgage dated May
21, 2018, recorded May 22, 2018 with the Hennepin County Registrar of Titles as Document No.
T05531970, an Assignment of Rents dated May 21, 2018, recorded May 22, 2018 with the
Hennepin County Registrar of Titles as Document No. T05531971 and a First Amendment to
Assignment of Rents dated May 21, 2018, recorded May 22, 2018 with the Hennepin County
Registrar of Titles as Document No. T05531972 on all or part of the property more particularly
described in the foregoing Amended and Restated Grant of Permanent Easement, for good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does
hereby join in, consents to, and is subject to the foregoing Amended and Restated Grant of
Permanent Easement.
Dated this iy day of —5 avt,octri 20 IQ.
BRIDGEWATER BANK
k CA-to L.A-S 'AC [print name]
Its c o-cs> [title)
STA IE OF &frac erk )
COUNTY OF 14-ei, vie et )
ss.
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
AMP/smt
GREG A JOHNSON
NOTARY PUBLIC
MINNESOTA
y Commission Expires Jan. 31. 2022
6
200157v3
AMENDED AND RESTATED
GRANT OF PERMANENT EASEMENT
THIS AMENDED AND RESTATED GRANT OF PERMANENT EASEMENT is
made and entered into as of/ ay of -fitlitiol-A7 , 201 by ORION INVESTMENTS
EDINA III, LLC, a Minnesota limited liability company, as grantor, hereinafter referred to as
"Grantor". This instrument amends, restates, and supersedes, in its entirety, that certain Grant of
Permanent Easement dated January 20, 2016, and recorded in the records of the Office of the
Registrar of Titles for Hennepin County, Minnesota on March 8, 2016 as Document No.
TO5331860.
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor
does hereby grant unto CITY OF EDINA, a Minnesota municipal corporation, hereinafter
referred to as the "City", its successors and assigns, a permanent easement for public walkway,
drainage and utility purposes, over, across, on, under, and through land situated within the
County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and
depicted on the attached Exhibit "B ("Easement Premises").
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 walkway, drainage and utility systems over, across, on, under, and through
the Easement Premises, together with the right to grade, level, fill, drain and excavate the
200157v3
Easement Premises, and the further right to remove trees, bushes, undergrowth, and other
obstructions interfering with the location, construction, and maintenance of said public walkway,
drainage and utility systems. The City shall be responsible for repair and maintenance of the
Easement Premises, including, but not limited to erosion control, for the two year warranty
period following completion of the project.
The City shall not install any other permanent structures within the Easement Premises
that would impede Grantor's present access over and across the Easement Premises. Grantor
reserves the right to use and enjoy the Easement Premises, including ingress and egress, as long
as Grantor does not interfere with the City's rights set forth herein.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the 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.
[The balance of this page is intentionally left blank.]
[Signature page to follow]
2
200157v3
IN TESTIMONY WHEREOF, the Grantor has signed this document as of the day and
year first above written.
GRANTOR:
ORION INVESTMENTS EDINA III, LLC
Its: 714
STATE OF MINNESOTA )
)ss.
COUNTY OF HeabLet )
The foregoing instrument was acknowledged before me this 771rday of pr_a-msn. , 20/e,, by 7 —E-2 CA/14Ccrt,/ the /1//4-/4$c7r-ja.
of ORION INVESTMENTS EDINA III, LLC, a Minnesota limited liability company, on its
behalf.
71S0(0j)---
Notary Public
NICHOLAS ANTHONY SCARRELLA
NOTARY PUBLIC • MINNESOTA
MY COMMISSION EXPIRES 0113112020
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
amp
200157v3
EXHIBIT "A"
TO
AMENDED AND RESTATED GRANT OF PERMANENT EASEMENT
PARCEL DESCRIPTION:
The correct Legal Description for this Certificate of Title is as follows as described within
Hennepin County Document Number T5520191:
Lots 29, 30, 31 and 32, Block 3, "Grand View Heights", except that part of said Lots taken by the
State of Minnesota for state highway purposes, and except vacated Summit Avenue adjoining
said Lot 29.
The Easterly 1.00 foot of that portion vacated Summit Avenue adjoining Block 3, "Grand View
Heights" as dedicated in said plat, described as follows:
Commencing at the Southeast corner of Lot 5, Block 4, "Grand View Heights"; thence Easterly
along the Easterly extension of the South line of said Lot 5 to a point on the centerline of said
Summit Avenue being the point of beginning of the land to be described; thence Northerly along
said centerline of Summit Avenue to the Southerly right-of-way of Interlachen Boulevard
(County Road No. 20); thence Southeasterly to the most Northerly corner of Lot 32, Block 3,
"Grand View Heights"; thence Southerly along the West line of said Block 3 to its intersection
with the Easterly extension of the Southerly line of said Lot 5; thence Westerly to the point of
beginning.
(Ton-ens Property/Certificate of Title No. 1455749)
PERMANENT EASEMENT DESCRIPTION:
A permanent easement for public walkway, drainage and utility purposes over and across Lots 29,
30, 31, and 32, Grand View Heights, according to the recorded plat thereof, Hennepin County,
Minnesota. Said easement is described as follows.
Commencing from the North corner South 42 degrees 51 minutes 5 seconds East, a distance of
13.5 feet; South 35 degrees 51 minutes 5 seconds East, a distance of 71.08 feet to point of
beginning of permanent easement to be herein described; thence continuing South 54 degrees 8
minutes 55 seconds West, a distance of 6.46 feet; thence south 36 degrees 47 minutes 37 seconds
east, a distance of 147.64 feet; thence due north, a distance of 6.89 feet; thence north 35 degrees 51
minutes 5 seconds west, a distance of 142.03 to point of beginning.
4
200157v3
POINT OF BEGINNING
90'
763.61 SQ. FT.
5000-08
LOTS 29, 30, 31 AND 32
GRAND VIEW HEIGHTS ADDITION
EXHIBIT B
TO
AMENDED AND RESTATED GRANT OF PERMANENT EASEMENT
200157v3
••• •••• (.• eN
GREG A JOHNSON
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31, 2022
MORTGAGE HOLDER CONSENT
TO
AMENDED AND RESTATED GRANT OF PERMANENT EASEMENT
BRIDGEWATER BANK, a Minnesota banking corporation, which holds a Construction
Mortgage dated May 21, 2018, recorded May 22, 2018 as Document No. T05531969 with the
Hennepin County Registrar of Titles, a First Amendment to Construction Mortgage dated May
21, 2018, recorded May 22, 2018 with the Hennepin County Registrar of Titles as Document No.
T05531970, an Assignment of Rents dated May 21, 2018, recorded May 22, 2018 with the
Hennepin County Registrar of Titles as Document No. T05531971 and a First Amendment to
Assignment of Rents dated May 21, 2018, recorded May 22, 2018 with the Hennepin County
Registrar of Titles as Document No. T05531972 on all or part of the property more particularly
described in the foregoing Amended and Restated Grant of Permanent Easement, for good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does
hereby join in, consents to, and is subject to the foregoing Amended and Restated Grant of
Permanent Easement.
Dated this
°cry ,2011.
BRIDGEWATER BANK
Cb-to LA [Om noel
Its S.r? Pdc]
STATE OF o- . )
) ss.
COUNTY OF LI-e.Kne (A". )
'tL The foregoing instrumen was acknowledged before me this day of
\C‘friu ry , 20 by t Ctire L.-AS PLA- E the SS P of
Bridgewater Bank, a Minnesota banking corporation, on its behalf.
?.2 /
NOTARY puBuc
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
AMP/smt
6
200157v3