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HomeMy WebLinkAbout3028CAMPBELL KNUTSON PROFESSIONAL ®ASSOCIATION September 24, 2019 Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick Henry A. Schaeffer, Ill Alina Schwartz Shana N. Conklin Amy B. Schutt James J. MongC, III Jerome M. Porter David S. Kendall Kurt S. Fischer Thomas J. Campbell* Ms. Jessica Wilson do City of Edina 4801 West 50th Street Edina, MN 55424 Re: City of Edina — Miscellaneous Recordings Dear Ms. Wilson: *Retired Enclosed please find the recorded Access Easement Agreement with Robert Waldron and Leona Werner. Said easement was e-recorded on September 16, 2019 as Hennepin County document number T05644930. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association /`/1 Jean -Olson, Leg. • ssistant /jmo Enclosure Grand Oak Office Center I 860 Blue Gentian Road Suite 290 Eagan, Minnesota 55121 Main: 651-452-5000 Fax: 651-234-6237 W ck-law.com 204940v1 iii III I I II II II II I I I I I II 1 Transfer Entered Sep 16, 2019 8:07 AM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer PID(s) 30-028-24-42-0027 Existing Certs 269392, 1352642 Doc No T05644930 Certified, filed and/or recorded on Sep 16, 2019 8:07 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1876135E Document Recording Fee $46.00 Multiple Certificates Affected Fee $20.00 Document Total $66.00 This cover sheet is now a permanent part of the recorded document. ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT ("Agreement") is made, executed and entered into this 21st day of August, 2019, Robert F. Waldron and Leona M Werner, husband and wife ("Grantors"). RECITALS A. Grantors are the owners of certain real property located in the City of Edina, County of Hennepin and State of Minnesota, hereinafter referred to as "Parcel A" and legally described as: Lot 18, Block 1, Southdale Third Addition B. The City of Edina, a Minnesota municipal corporation, ("Grantee"), is the owner of certain real property located in the City of Edina, County of Hennepin and State of Minnesota, hereinafter referred to as "Parcel B" and legally described as: Lot 22, Block 1, Southdale Third Addition C. Parcel "B" abuts Parcel "A". AGREEMENT NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements contained herein, and for other valuable consideration, the Grantors hereby declare that Parcel B shall be benefited by and Parcel A shall be subject to, the following appurtenant easement, rights, covenants and conditions, which shall run with the respective Parcel A and Parcel B and inure to the benefit of and be binding upon the Grantors and the Grantee and their respective successors and assigns. 1. Grant of Easement. The Grantors hereby grant, transfer and convey to the Grantee for the benefit of Parcel B, an appurtenant perpetual access easement for vehicular and pedestrian ingress and egress purposes over and across those portions of Parcel A described on the attached Exhibit "A" for access by vehicles and pedestrians to and from public streets and driveways to Parcel B ("Access Easement"). Grantee shall have no rights to use of any other portion of Parcel A, 202550v4 1 except only those rights specifically granted herein. Grantee may extend the buffer restoration area on Parcel B to the easement, only with permission from Grantor. 2. Use of Access Easement. The Access Easement shall be used by Grantee solely for vehicular and pedestrian ingress and egress purposes by and for Grantee, to perform work related to wildlife habitat and natural resource restoration and enhancement, and related periodic maintenance. No other right to use any other portion of Parcel A is granted hereunder. 3. Liability. Grantors shall have no liability for the injury of anyone using the access easement unless caused by the gross negligence or willful misconduct of the Owner of Parcel A. Subject to the limitations and immunities in Minnesota Statutes Chapter 466, Grantee agrees to indemnify, defend and hold Grantors harmless from and against any and all claims, loss, damage, liability and expense (including reasonable attorneys' fees) arising from Grantee's use of the Access Easement. 4. Maintenance. Grantee shall promptly notify Grantors of, and restore any damage to, the easement area caused by Grantee. 5. Title. The above named Grantors covenant with the City, its successors and assigns, that Grantors are well seized in fee title of the above described easement premises; that Grantors have the sole right to grant and convey the easement to the City; and that there are no unrecorded interests in the easement premises. IN WITNESS WHEREOF, the Grantors have hereunto set their hands as of the day and year first above written. GRANTORS: Robert F. F. Waldron Leona M, Werner STATE OF MINNESOTA )ss. COUNTY OF The foregoing instrument was acknowledged before me this r k4C day of AO&IA`r , 2019, by Robert F. Waldron and Leona M. Werner, husband and wife, Grantors. Notary Public DRAFTED BY: Campbell Knutson P.A. 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 (651) 452-5000 (RN K) LISA A DEEGAN Notary Public State of Minnesota My Commission Expires January 31, 2020 202550v4 2 EXHIBIT "A" Legal description of property: Lot 18, Block 1, Southdale Third Addition, Hennepin County Minnesota Legal description of permanent easement: A permanent easement for access, across, on, under and through Lot 18, Block 1, Southdale Third Addition, Hennepin County, Minnesota. Said easement is described as follows. Beginning from the North corner South 48 degrees 12 minutes 55 seconds East, a distance of 95.00 feet; thence South 81 degrees 24 minutes 53 seconds West, a distance of 71.66 feet: thence North 0 degrees 1 minutes 8 seconds East, a distance of 74.00 feet to point of beginning. [Property address: 6716 Point Drive, Edina, MN 55435 / PIN: 30-028-24-42-0027] 202550v4 3 EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT 2621.74 SQ. FT. \• LOT 18, BLOCK 1, SOUTHDALE THIRD ADDITION, HENNEPIN COUNTY, MINNESOTA 6 7 1 6 202550v4 LOT 18, BLOCK 1, SOUTHDALE THIRD ADDITION, HENNEPIN COUNTY, MINNESOTA A PERMANENT EASEMENT FOR ACCESS, ACROSS, ON, UNDER AND THROUGH LOT 18, BLOCK 1, SOUTHDALE THIRD ADDITION, HENNEPIN COUNTY MINNESOTA. SAID EASEMENT IS DESCRIBED AS FOLLOWS. A PERMANENT EASEMENT TO BE HEREIN DESCRIBED; BEGINNING FROM THE NORTH CORNER SOUTH 48 DEGREES 12 MINUTES 55 SECONDS EAST, A DISTANCE OF 95.00 FEET; THENCE SOUTH 81 DEGREES 24 MINUTES 53 SECONDS WEST, A DISTANCE OF 71.66 FEET: THENCE NORTH 0 DEGREES 1 MINUTES 8 SECONDS EAST, A DISTANCE OF 74.00 FEET TO POINT OF BEGINNING. PERMANENT ACCESS EASEMENT EXHIBIT 6716 POINT DR EDINA, MN 55435 PID: 3002824420027 CITY OF EDINA ENGINEERING DATE: 08/19/2019