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HomeMy WebLinkAbout2560CITY OF EDINA EASEMENT Parcel No.: 01 Project: W- 77TH -ST -02 INSTRUMENT, made this &I- THIS day of IU , 200a by and between West 77 Pentagon Park LLC, a limited liability company under the laws of the State of Delaware, Grantor, and the City of Edina, a municipal corporation under the laws of the State of Minnesota, Grantee. WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does Quit Claim and convey, to said Grantee in perpetuity, Easements for the public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: Public Road Right of Way Easement described as follows: An easement over, under and across that part of Tracts F and H, REGISTERED LAND SURVEY NO. 1050, Files of the Registrar of Titles, Hennepin County, Minnesota, lying northerly of, within 2.00 feet of and adjoining a line described as commencing at the most easterly northeast corner of said Tract H; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West, along the east line of said Tract H, a distance of 6.00 feet to the point of beginning of the line to be described; thence North 45 degrees 31 minutes 56 seconds West a distance of 9.98 feet; thence North 65 degrees 58 minutes 22 seconds West a distance of 93.44 feet; thence northwesterly a distance of 155.26 feet along a tangential curve concave to the northeast having a radius of 335.00 feet and a central angle of 26 degrees 33 minutes 14 seconds; thence North 39 decrees 25 minutes 08 seconds West a distance of 62.91 feet to the intersection with Line "A" described below and said line there terminating. Line "A" is described as beginning at a point on the southwesterly line of Tract S, REGISTERED LAND SURVEY NO. 1050, Files of the Registrar of Titles, Hennepin county, Minnesota, distant 105 feet southeasterly of the West line of said Tract S (when measured along said southwesterly line); thence run southwesterly at right angles to said southwesterly line a distance of 100 feet and there terminating; and also a Signal Easement described as follows: An easement over, under and across that part of Tracts F and H, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northeasterly of a line drawn northwesterly from a point on the east line of said Tract H, distant 22.00 feet south of the most easterly northeast corner of said Tract H to a point on the northeasterly line of said Tract F, distant 22.00 feet northwesterly of the southeast corner of said Tract F; and also an Utility Easement described as follows: X M m m rn �z m "0 T0O�i 4 off; M co 3 v CITY OF EDINA EASEMENT Parcel No.: 01 Project: W- 77TH -ST -02 INSTRUMENT, made this &I- THIS day of IU , 200a by and between West 77 Pentagon Park LLC, a limited liability company under the laws of the State of Delaware, Grantor, and the City of Edina, a municipal corporation under the laws of the State of Minnesota, Grantee. WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does Quit Claim and convey, to said Grantee in perpetuity, Easements for the public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: Public Road Right of Way Easement described as follows: An easement over, under and across that part of Tracts F and H, REGISTERED LAND SURVEY NO. 1050, Files of the Registrar of Titles, Hennepin County, Minnesota, lying northerly of, within 2.00 feet of and adjoining a line described as commencing at the most easterly northeast corner of said Tract H; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West, along the east line of said Tract H, a distance of 6.00 feet to the point of beginning of the line to be described; thence North 45 degrees 31 minutes 56 seconds West a distance of 9.98 feet; thence North 65 degrees 58 minutes 22 seconds West a distance of 93.44 feet; thence northwesterly a distance of 155.26 feet along a tangential curve concave to the northeast having a radius of 335.00 feet and a central angle of 26 degrees 33 minutes 14 seconds; thence North 39 decrees 25 minutes 08 seconds West a distance of 62.91 feet to the intersection with Line "A" described below and said line there terminating. Line "A" is described as beginning at a point on the southwesterly line of Tract S, REGISTERED LAND SURVEY NO. 1050, Files of the Registrar of Titles, Hennepin county, Minnesota, distant 105 feet southeasterly of the West line of said Tract S (when measured along said southwesterly line); thence run southwesterly at right angles to said southwesterly line a distance of 100 feet and there terminating; and also a Signal Easement described as follows: An easement over, under and across that part of Tracts F and H, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northeasterly of a line drawn northwesterly from a point on the east line of said Tract H, distant 22.00 feet south of the most easterly northeast corner of said Tract H to a point on the northeasterly line of said Tract F, distant 22.00 feet northwesterly of the southeast corner of said Tract F; and also an Utility Easement described as follows: An easement over, under and across that part of Tracts F and H, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying southerly of, within 3.00 feet of and adjoining a line described as commencing at the most easterly northeast corner of said Tract H; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West, along the east line of said Tract H, a distance of 12.44 feet to the beginning of the line to be described; thence northwesterly a distance of 22.17 feet along a nontangential curve concave to the southwest, having a radius of 34.00 feet, a central angle of 37 degrees 21 minutes 54 seconds and a chord which bears North 48 degrees 41 minutes 14 seconds West; thence northwesterly a distance of 8.19 feet along a reverse curve, concave to the northeast, having a radius of 336.00 feet and a central angle of 1 degree 23 minutes 49 seconds; thence North 65 degrees 58 minutes 22 seconds West, tangent to the last described curve, a distance of 76.88 feet; thence northwesterly a distance of 155.72 feet, along a tangential curve concave to the northeast, having a radius of 336.00 feet and a central angle of 26 degrees 33 minutes 14 seconds; thence North 39 degrees 25 minutes 08 seconds West tangent to the last described curve a distance of 63.38 feet to the intersection with Line "A" described below and said line there terminating. The southerly line of the easement area is to be extended to said easterly line of Tract H. Line "A" is described as beginning at a point on the southwesterly line of Tract S, REGISTERED LAND SURVEY NO. 1050, Files of the Registrar of Titles, Hennepin county, Minnesota, distant 105 feet southeasterly of the West line of said Tract S (when measured along said southwesterly line); thence run southwesterly at right angles to said southwesterly line a distance of 100 feet and there terminating; and also a Public Walkway Easement described as follows: A Public Walkway Easement over, under and across that part of Tracts F and H, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northerly of a line described as commencing at the most easterly northeast corner of said Tract H; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West, along the east line of said Tract H, a distance of 12.44 feet; thence northwesterly a distance of 22.17 feet along a nontangential curve concave to the southwest, having a radius of 34.00 feet, a central angle of 37 degrees 21 minutes 54 seconds and a chord which bears North 48 degrees 41 minutes 14 seconds West; thence northwesterly a distance of 8.19 feet along a reverse curve, concave to the northeast, having a radius of 336.00 feet and a central angle of 1 degree 23 minutes 49 seconds; thence North 65 degrees 58 minutes 22 seconds West, tangent to last described curve, a distance of 76.88 feet; thence northwesterly a distance of 155.72, feet, along a tangential curve concave to the northeast, having a radius of 336.00 feet and a central angle of 26 degrees 33 minutes 14 seconds; thence North 39 degrees 25 minutes 08 seconds West, tangent to the last described curve, a distance of 63.38 feet to the intersection with Line "A" described below and said line there terminating. Line "A" is described as beginning at a point on the southwesterly line of Tract S, REGISTERED LAND SURVEY NO. 1050, Files of the Registrar of Titles, Hennepin county, Minnesota, distant 105 feet southeasterly of the West line of said Tract S (when measured along said southwesterly line); thence run southwesterly at right angles to said southwesterly line a distance of 100 feet and there terminating; It is the intention and agreement of the parties hereto that the Grantee shall in the construction or maintenance of said public road, signal, utilities and public walkway, replace any sod or other landscaping removed or disturbed in connection with such construction or maintenance work, in as nearly as possible the same condition as existed prior to such construction or maintenance. NOW THEREFORE, until the parties hereto agree otherwise in writing, Grantee, at its sole expense, shall maintain the public improvements including the public walkway, signal, utilities and public walkway in good and operating condition without cost to the Grantor, its successors or assigns and shall hold the Grantor, its successors and assigns and their respective agents and contractors and the officials, officers, directors, shareholders, members, managers, governors, employees, and representatives of any of the foregoing 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, due to any claim or demand arising out of or in connection with, or claimed or alleged to arise out of or in connection with, the negligence of Grantor, its employees, officers, agents, representatives or contractors in so constructing or maintaining, or failing to so maintain, said public r improvements or the use by any person of the areas subject to the easements herein anted or the improvements located thereon. IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be duly and year first above written. GRANTOR: GRANTEE: City of Edina West 77 Pentagon Park LLC By Mezz Borrower III, LLCtits sole member By Mezzanine Investors Partners, its managing member By Taylor Simpson Capital Management, L.P., its managing general partner By TSGP Inc., its general partner B. Feldman Its : 'f ice President By: f Qe �� � Its Mayor of the City of Edina r, Its City Manager of the City of Edina the day STATE OF NEW YORK County of NEW YORK The foregoing instrument was acknowledged before me this aJ1 day of , 20 , by Jeffrey B. Feldman, Vice President of TSGP Inc., the general partner of Taylor Simpson Capital Man Bement L.P., the managing general partner of Mezzanine Investors Partners, the managing member of Mezz Borro er III, LLC, the sole member of West 77 Pentagon Park LLC, a limited liability company under laws of Delaware on behalf of the limited liability company. JUSTINE CLEAiEM Date commiss n e sPubhc St" Of N" York for STATE OF MlINNESOTA ouMW M ca "M48 n Er 1 , 20QSp COUNTY OF HENNEPIN he foregoing instrument was acknowledged before me this / % day of , 20 D 2,; by L- Awis • / �'' � / ZOI� the Ma or of the City of Edina, a municipal corpc iratUion under ■klyV rdNart a the laws of the State of mnds- ota k ' i al corporation. oration. � PiGfAiY PUEi IC- %flNNEWA f"u- Z��' My Commisson EzPires Jan. 3t, 2005 r a Notary Public Date commission STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing /mstru ent was acknowledged before me this // 1_ day of , 20�, by C,�4A/; _ tuff the City Manager of the City of Edina, a municip orporation under the laws of the State of Minnesota, on behalf of the munic,�al corporation. f 5 OARLE�,IE R. WAI-1 -iii! N NOTARY PUBLIC Ni, f =' FSOD\ My Commission Expi es .an. 31, '2005 �., r x 39 THIS INSTRUMENT WAS DRAFTED BY: Evergreen Land Services 6110 Blue Circle Drive, Suite 140 Minnetonka, MN 55343 952- 930 -3100 Notary Public Date commission exp 3:/ 20o-5 (RETURN INSTRUMENT TO DRAFTEE)