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Home My WebLink About2549• 33'7 �0� 1 • -< _ m G., M A •� m O -n C A 73 P m P:< ac o -n Q 0 z Cn o z -i -o Z o � m O HENNEPIN COUNTY TAXPAYER SERVICEv MAR 2 3� ®� C� y 14E OUNTY AWOL �a Ry`` .�e��pEPt1"iY FASEMENT FOR RIGHT -OF -WAY PURPOSES THIS INSTRUMENT, made this �da y of 61 ' 200 and between WEST 77 PENTAGON PARK L ' a Delawarc Limited Liability Company, party of the first part, and the CITY OF EDINA, a municipal corporation organized under the. laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does quit claim and convey to said party of the second part an Easement in perpetuity for public road purposes, in, under, and over the following described property situat e in the County of Hennepin an d Stat e o f Minnesota, to wit: See Exhibit "A" attached hereto, and by this reference, made a part thereof. By accepting this Deed, party of the second part agrees that: (i) it will be solely �` responsible for construction and installation of all landscaping, roadways and other improvements placed or installed on or in the property described in Exhibit A; (ii) that it will maintain, repair and replace such landscaping roadways and other improvements in such fashion as is reasonably necessary to avoid the same becoming unsightly or a nuisance; and (iii) it will indemnify and hold harmless party of the first part and its successors and assigns in interest to the land of which the property described in Exhibit A is a part from all loss, costs, claims, damages and causes of action arising out of or in connection with: (a) any act or negligence of party of the second part, its agents, contractors and others for whose acts party of the second part is responsible while on or about the property described in Exhibit A: or (b) any other act, event or occurrence on the property described in Exhibit A. IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be duly executed the day and year first above written. West 77 Pentagon Park LLC By: Mezz Borrower III, LLC, its sole member By: Mezzanine Investors Partners, its managing member By: Taylor Simpson Capital Management, L.P., its managing general partner By: TSGP Irfi.,,,its geRergl partner !fPfey B. F6Idman ce President STATE OF f�" 4�- ss: COUNTY OF Ajk w c40 r ) This instrument was acknowledged before me an by Jeffrey B. Feldman, Vice President of TSGP Inc., the general partner of Taylor Simpson Capital Management L.P., the managing general partner of Mezzanine Investors Partners, the managing member of Mezz Borrower III, LLC, the sole member of West 77 Pentagon Park LLC, a limited liability company under the laws of Delaware, on behalf of the limited liability company. This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 Matthew Edina ROW West 77 Pentagon THERESA GUERRIEP,O Notary Public, State of New York No.5010983 Qualified in Nassau County Corimission Expires April 12,Of . R j.' EXHIBIT "A," PROPOSED RIGHT OF WAY EASEMENT DESCRIPTION An easement over, under and across that part of the following described property: The South 275 feet of the East 380 feet of Tract A, Registered Land Survey No. 679, files of the Registrar of Titles, Hennepin County, Minnesota, except that part which lies Westerly of a line run parallel with and distant 355 feet Westerly of the East line of the above described tract; except that part of the remainder thereof which lies Southerly of the following described line; Beginning at a point on the East line the above described exception, distant 225 feet South of its intersection with the North line of the above described tract, thence run Southeasterly to a point on a line run parallel with and distant 315 feet West of the East line of said tract distant 20 feet North of its intersection with the South line of said tract; thence run Southeasterly to a point on the South line of said tract distant 100 feet West of the Southeast corner thereof and there terminating. which lies southerly, westerly, southwesterly and northwesterly of a line described as commencing at the northwest comer of the above described property; thence on an assumed bearing of South, along the west line of said above described property, a distance of 134.66 feet to the point of beginning of the easement to be described; thence North 89 degrees 32 minutes 06 seconds East a distance of 1.45 feet; thence South 0 degrees 10 minutes 20 seconds East a distance of 46.32 feet; thence southeasterly a distance of 79.49 feet along a tangential curve concave to the northeast, having a radius of 71.17 feet and a central angle of 63 degrees 59 minutes 35 seconds; thence South 28 degrees 42 minutes 32 seconds West, not tangent to said curve, a distance of 9.29 feet to a southwesterly line of said above described property and said line there terminating. CP:737217 v1 R 337 IUD A- 9. 0 M -n EASEMENT FOR RIGHT -OF -WAY PURPOSES THIS INSTRUMENT, made this ;4ay of �/ 2 00 i'ey and between WEST 77 PENTAGON PARK L a Delawarc Limited Liability - Company, party of the first part, and the CITY OF EDINA, a municipal corporation organized under the, laws of the State of Minnesota, party of the second part; WITNESSETH, that the said party of the first part, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does quit claim and convey to said party of the second part an Easement in perpetuity for public road purposes, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: See Exhibit "A" attached hereto, and by this reference, made a part thereof. By accepting this Deed, party of the second part agrees that: (i) it will be solely responsible for construction and installation of all landscaping, roadways and other improvements placed or installed on or in the property described in Exhibit A; (ii) that it 1 M 0 Z n An m� n M p r-1m < M ° m M R o -- r r Q o =o rn EASEMENT FOR RIGHT -OF -WAY PURPOSES THIS INSTRUMENT, made this ;4ay of �/ 2 00 i'ey and between WEST 77 PENTAGON PARK L a Delawarc Limited Liability - Company, party of the first part, and the CITY OF EDINA, a municipal corporation organized under the, laws of the State of Minnesota, party of the second part; WITNESSETH, that the said party of the first part, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does quit claim and convey to said party of the second part an Easement in perpetuity for public road purposes, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: See Exhibit "A" attached hereto, and by this reference, made a part thereof. By accepting this Deed, party of the second part agrees that: (i) it will be solely responsible for construction and installation of all landscaping, roadways and other improvements placed or installed on or in the property described in Exhibit A; (ii) that it 1 will maintain, repair and replace such landscaping roadways and other improvements in such fashion as is reasonably necessary to avoid the same becoming unsightly or a nuisance; and (iii) it will indemnify and hold harmless party of the first part and its successors and assigns in interest to the land of which the property described in Exhibit A is a part from all loss, costs, claims, damages and causes of action arising out of or in connection with: (a) any act or negligence of party of the second part, its agents, contractors and others for whose acts party of the second part is responsible while on or about the property described in Exhibit A; or (b) any other act, event or occurrence on the property described in Exhibit A. IN WITNESS WHEREOF, the said parry of the first part has caused this instrument to be duly executed the day and year first above written. West 77 Pentagon Park LLC By: Mezz Borrower III, LLC, its sole member By: Mezzanine Investors Partners, its managing member By: Taylor Simpson Capital Management, L.P., its managing general partner By: TSGI By :_ Na A tly D. r-UlUf hall e President STATE OF Uo r IL ) Ili ss: COUNTY OF w york- ) This instrument was acknowledged before me an by Jeffrey B. Feldman, Vice President of TSGP Inc., the general partner of Taylor Simpson Capital Management L.P., the managing general partner of Mezzanine Investors Partners, the managing member of Mezz Borrower III, LLC, the sole member of West 77 Pentagon Park LLC, a limited liability company under the laws of Delaware, on behalf of the limited liability company. THERESA GUERRIERO Notary Public, State of New York No. 5010983 Qualified in Nassau County This instrument was drafted by �' }� Corirmissron Expires April 12, 2UDl , City of Edina ` 4801 -W. 50th Street Edina, MN 55424 Matthew Edina ROW West T7 Pent28an EXHIBIT "A," PROPOSED RIGHT OF WAY EASEMENT DESCRIPTION An easement over, under and across that part of the following described property: The South 275 feet of the East 380 feet of Tract A, Registered Land Survey No. 679, files of the Registrar of Titles, Hennepin County, Minnesota, except that part which lies Westerly of a line run parallel with and distant 355 feet Westerly of the East line of the above described tract; except that part of the remainder thereof which lies Southerly of the following described line; Beginning at a point on the East line the above described exception, distant 225 feet South of its intersection with the North line of the above described tract; thence run Southeasterly to a point on a line run parallel with and distant 315 feet West of the East line of said tract distant 20 feet North of its intersection with the South line of said tract; thence run Southeasterly to a point on the South line of said tract distant 100 feet West of the Southeast corner thereof and there terminating. which lies southerly, westerly, southwesterly and northwesterly of a line described as commencing at the northwest comer of the above described property; thence on an assumed bearing of South, along the west line of said above described property, a distance of 134.66 feet to the point of beginning of the easement to be described; thence North 89 degrees 32 minutes 06 seconds East a distance of 1.45 feet; thence South 0 degrees 10 minutes 20 seconds East a distance of 46.32 feet; thence southeasterly a distance of 79.49 feet along a tangential curve concave to the northeast, having a radius of 71.17 feet and a central angle of 63 degrees 59 minutes 35 seconds; thence South 28 degrees 42 minutes 32 seconds West, not tangent to said curve, a distance of 9.29 feet to a southwesterly line of said above described property and said line there terminating. CP:737217 v1