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Home My WebLink About25563457"111 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON NOV 8. 2001 REGISTRAR OF Trnm BY DEPUTY EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this 22- day of (7',:: '_t yam, , 2001, by and between SMB Operating Company LLC, a Delaware 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 it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said party of the second part an easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: An easement for public walkway over and across that part of Tract A, REGISTERED LAND SURVEY NO. 1234, files of the Registrar of Titles, Hennepin County, Minnesota described as commencing at the northeast corner of said Tract A; thence South 0 degrees 00 minutes 34 seconds East, assumed bearing, along the most easterly line of said Tract A a distance 99.00 feet to an east corner of said Tract A; thence North 89 degrees 19 minutes 07 seconds West along a south line of said Tract A a distance of 30.00 feet to the point of beginning of the easement to be described; thence North 0 degrees 00 minutes 34 seconds West parallel with said most easterly line of Tract A, hereinafter referred to as Line "A ", a distance of 70.71 feet; thence North 89 degrees 20 minutes 30 seconds West a distance of 28.00 feet; thence South 44 degrees 40 minutes 19 Seconds East a distance of 21.34 feet to a line 13.00 feet westerly of and parallel with said Line "A "; thence South 0 degrees 00 minutes 34 seconds East, parallel with said Line "A ", a distance of 55.70 feet to said southerly line of Tract A; thence South 89 degrees 19 minutes 07 seconds East along said southerly line of Tract A a distance of 13.00 feet to the point of beginning. Shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property oNvner and shall hold the property owner and its officials, officers, employees, agents, representatives and contractors harmless from and indemnified against any loss, cost or damage or expense. including without limitation. reasonable attorney's fees whether suit be brought or not. du: 10 any claim or demand arising out of or claimed or alleged to arise out of, the negligence of Edina, its employees officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. Further, Edina shall timely pay all costs of construction of the sidewalks from time to time constructed by Edina within the easement area, and shall indemnify, defend and hold the property owner harmless from any liens, loss, costs or expense resulting from failure timely to pay such costs. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this ,Q day of 2001. GRANTOR: SMB Operating Company LLC I iMw /� GRANTEE: City of Edina By tA�2 Its ayor By is City Manag The undersigned mort gagee hereby consents to the foregoing grant of easement and agrees that the lien of that certain Mortgage, Assignment of Leases and Rent, Security Agreement and Fixture Filing dated December 21, 2000 between SMB Operating Company LLC and Archon Financial, L.P., now held by the undersigned, shall be subject and subordinate to said foregoing grant of easement. 1) Q1+ /V K MORTGAGEE: vN `0� P SA 7/- "? v 6£ lilt �/I A s /A " �5' 4 B yl___.,_,�� A Its t!!c- (94414 r This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of _ y� 2001, by of = - J . ,� ,theme SMB eratin Company LLC, a Delaware Limited Liability Company, on behalf of the � g p limited liability company. j Not ublic t' ■ (Notarial Seal) STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) ■ CYNTHIA L. FISCHER NOTARY PUBLIC — MINNESOTA HENNEPIN COUNTY 16my Comm. Expires Jan. 31, 2005. )41 �t The foregoing instrument was acknowledged before me this-- - day of 2001, by the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Publi (Notarial Seal) DARLENE R. wALLIN NOTARY pUBLIC- MNNEWTA MY Comm E*#s JvL $1, 2005 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing i�trument was acknowledged before me this day of '2001, by the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. ly %f .i (Notarial Seal) STATE OF _L62�A) �__�L 0 SS COUNTY OF t'n a i) I& b M Notary Public ' DARLENE R. WALLIN NOTARY PUBLIC - MINNESOTA My Commission E*u JM 111.2005 s>< The foregoing instrument was acknowledged before me this Ef )EtA6 el, ,2001, by Gg2y �.�oJI1ki4. ,the ^— FAQ Lin behalf of the �j (Notarial Seal) U day of of —UR 10. �i M 1 8 1 s- of i I t EXHIBIT 6A ' - _____ - -- B91 -w Q S 3Ad M3d0 3 .K .00 .0 6 51 A OLE xrE.DO Wcc ON 1 li 1 I� 1 lsiFino S .N I SSdo x � I ! [.!J -- iZ' WI o r� coo .I a� ql i I N y 1 � 8 F Em / ft I t En ?8• =! - 19 ' 66 '6K M.6C .BE 19�tf ON o_ = SIDEWALK EASEMENT x.00 m ►9 /[f Ox C'` ! rNr59 3 3 N V U J n.09 .V r9Rf IS 9B S I- Q _ � L RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT made by ad between the City of Edina hereinafter referred to as the "City ", and SMB Operating Company LLC, a Delaware Limited Liability Company, herein refer to as "Owner". WHEREAS, owner is vested with title to the tract of land described as follows: An easement for public walkway over and across that part of Tract A, REGISTERED LAND SURVEY NO. 1234, files of the Registrar of Titles, Hennepin County, Minnesota described as commencing at the northeast corner of said Tract A; thence South 0 degrees 00 minutes 34 seconds East, assumed bearing, along the most easterly line of said Tract A a distance 99.00 feet to an east corner of said Tract A; thence North 89 degrees 19 minutes 07 seconds West along a south line of said Tract A a distance of 30.00 feet to the point of beginning of the easement to be described; thence North 0 degrees 00 minutes 34 seconds West parallel with said most easterly line of Tract A, hereinafter referred to as Line "A ", a distance of 70.71 feet; thence North 89 degrees 20 minutes 30 seconds West a distance of 28.00 feet; thence South 44 degrees 40 minutes 19 seconds East a distance of 21.34 feet to a line 13.00 feet westerly of and parallel with said Line "A "; thence South 0 degrees 00 minutes 34 seconds East, parallel with said Line "A ", a distance of 55.70 feet to said southerly line of Tract A; thence South 89 degrees 19 minutes 07 seconds East along said southerly line of Tract A a distance of 13.00 feet to the point of beginning. Shown on Exhibit A attached hereto and made apart hereof. WHEREAS, the City must ultimately obtain by grant the necessary permanent easement over a portion of said land for sidewalk purposes; and WHEREAS, the City wishes to commence construction of said improvements across said land; NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties agree for themselves, their administrators, executors, heirs, successors and assigns, as follows: Owner hereby grants to the City the right and privilege of entry upon the land for the construction of said improvements. The City has presented to the Owner for execution the permanent easement document. Dated this day of , 2001. By: LIM 4 Its: V -t4 Its: STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrunjent was ackno led ed before me this .e day o�� 2001, by of MISW , the SMB Operating Company LLC, a Delaware Limited Liability Company, on behalf of the limited liability company. • LORI E J. JOHNSON NOTARYPUBLIC - MINNESOTA DAKOTA COUNTY • My conrn. (Notarial Seal) :0DMA \PCD0CS \FBD0CS 1 \2512450\ 1 Not ublic My commission expires - '�1' 2001-5 I j j I i 1 I I I EXHIBIT A I �, 001 a N SIDEWALK EASEMENT x,oimw,ca S 34� 3QNda3 0 0 a S 3Ad M3UQ 3 IIE OOroA i!R �__�-- -� -phi N.►f - 11/Et an -- .,,._-- -_ 1 !` 1 sinino S A I SSVO �j I. -- - - - -.. ---- r--- �� —�� 'K •�.�it 0i — ��r - -- �e' M 1 p l j, - 0 0 1 I 1 �I Lo I �1 1 I 1 �I It 1 I 1 1 �1 1 1 N y� �I 1 I I wti 1 I 1 � � 1 we l lb cc i 4JPA f/ N J. N SIDEWALK EASEMENT x,oimw,ca S 34� 3QNda3 0 0