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HomeMy WebLinkAbout2563EVERGREEN LAND SERVICES CO. 6110 BLUE CIRCLE DRIVE, SUITE 140 MINNETONKA, MN 55343 (952) 930 -3100 - Fax (952) 935 -0862 (888) 411 -1134 June 28, 2002 William J Sugrue American Heart Association 4701 West 77"' St Edina, MN. 55435 RE:.West 77"' Street Phase II, Parcel 3 Dear Mr. Sugrue: Please find enclosed for your file a copy of the recorded easement document associated with the property at 4701 West 77t" Street. Thank you for your assistance and cooperation; if you have any questions concerning the easement please call me at 952- 93 0 -3100. If you have questions regarding the construction on West 77"', please direct your inquiries lic Works, City of Edina. (952- 826 - 0443). Successfully serving g our clients since 1972 CITY OF EDINA EASEMENT Parcel No.: 03 Project: W- 77TH -ST -02 THIS INSTRUMENT, made this_'; day of L. by and between American Heart Association, Inc., a(n) corporation under the laws of the State of Minnesota, 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 them in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Name and State of Minnesota, to wit: Public Road Right of Way Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northwesterly of a line drawn southwesterly from a point on the north line of said Tract J, distant 20.60 feet east of the northwest corner of said Tract J to a point on the west line of Tract J, distant 15.20 feet south of said northwest corner Tract J., according to the recorded plat thereof, Hennepin County, Minnesota; and also a Signal Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northwesterly of a line drawn southwesterly from a point on the north line of said Tract J distant 36.46 feet east of the northwest corner of said Tract J to a point on the west line of Tract J distant 36.15 feet south of said northwest corner of Tract J, according to the recorded plat thereof, Hennepin County, Minnesota; and also an Utility Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota lying 3.00 feet southerly of and adjoining a line described as commencing at the northeast corner of said Tract J; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West along the east line of said Tract J a distance of 4.00 feet to the point of beginning of the line to be described; thence South 89 degrees 22 minutes 23 seconds West a distance of 385.41 feet; thence westerly a distance of 22.66 feet along a tangential curve concave to the north having a radius of 336.00 feet and a central angle of 3 degrees 51 minutes 51 seconds; thence westerly a distance of 31.54 feet along a reverse curve concave to the southeast having a radius of 34.00 feet and a central angle of 53 degrees 08 minutes 43 0% •9 /n,,c M .� rrT rre —Fe m ::-42 Q 0 ©, -n J r- _< m� TF ANSEER ENTERED HENNEPIN i r= COUNTY rgxagvEaSERVtCQ iV 2 0 m MAY 3 1 2002 - Cn ,_,,H WVEPIN COUNTY MINN. CITY OF EDINA EASEMENT Parcel No.: 03 Project: W- 77TH -ST -02 THIS INSTRUMENT, made this_'; day of L. by and between American Heart Association, Inc., a(n) corporation under the laws of the State of Minnesota, 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 them in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Name and State of Minnesota, to wit: Public Road Right of Way Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northwesterly of a line drawn southwesterly from a point on the north line of said Tract J, distant 20.60 feet east of the northwest corner of said Tract J to a point on the west line of Tract J, distant 15.20 feet south of said northwest corner Tract J., according to the recorded plat thereof, Hennepin County, Minnesota; and also a Signal Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northwesterly of a line drawn southwesterly from a point on the north line of said Tract J distant 36.46 feet east of the northwest corner of said Tract J to a point on the west line of Tract J distant 36.15 feet south of said northwest corner of Tract J, according to the recorded plat thereof, Hennepin County, Minnesota; and also an Utility Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota lying 3.00 feet southerly of and adjoining a line described as commencing at the northeast corner of said Tract J; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West along the east line of said Tract J a distance of 4.00 feet to the point of beginning of the line to be described; thence South 89 degrees 22 minutes 23 seconds West a distance of 385.41 feet; thence westerly a distance of 22.66 feet along a tangential curve concave to the north having a radius of 336.00 feet and a central angle of 3 degrees 51 minutes 51 seconds; thence westerly a distance of 31.54 feet along a reverse curve concave to the southeast having a radius of 34.00 feet and a central angle of 53 degrees 08 minutes 43 . seconds; thence westerly a distance of 6.70.feet along a reverse curve concave to the north having a radius of 5.00 feet and a central angle of 76 degrees 44 minutes 45 seconds to the west line of said Tract J and said line there terminating. The southerly line of said easement is to be prolonged or shortened to terminate at said east and west lines of Tract J, according to the recorded plat thereof, Hennepin County, Minnesota; and also a Public Walkway Easement for 4701 W. 77th Street as follows: A Public Walkway Easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying 5.00 feet northerly and northwesterly of and adjoining a line described as commencing at the northeast corner of said Tract J; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West along the east line of said Tract J a distance of 4.00 feet to the point of beginning of the line to be described; thence South 89 degrees 22 minutes 23 seconds West a distance of 385.41 feet; thence westerly a distance of 22.66 feet along a tangential curve concave to the north having a radius of 336.00 feet and a central angle of 3 degrees 51 minutes 51 seconds; thence westerly a distance of 31.54 feet along a reverse curve concave to the southeast having a radius of 34.00 feet and a central angle of 53 degrees 08 minutes 43 seconds; thence westerly a distance of 6.70 feet along a reverse curve concave to the north having a radius of 5.00 feet and a central angle of 76 degrees 44 minutes 45 seconds to the west line of said Tract J and said line there terminating, according to the recorded plat thereof, Hennepin County, Minnesota. It is the intention and agreement of the parties hereto that the Grantee shall in the construction or maintenance of said utilities, replace any sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. NOW THEREFORE, until the parties hereto agree otherwise in writing, the City Of Edina shall maintain the walkway in good and operating condition without cost to the property owner 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, due to 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 walkway. All of the provisions hereof shall run with the land and shall extend to and bind the successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has caused this instrument to be duly executed the day and year first above written. GRANTOR: American Heart Association, Inc. By. � , JL- Its Mayor of the City of ina Its c���✓•3 VjeG �t c,6� By By Its City Manager of the City of Edina Its GRANTEE: City of Edina a4 STATE OF MINNESOTA County of The foregoing instrument was acknowledged before me this /.S day of 20 a , by /- of American Heart Association, Inc., a(n) corporation under the laws of the State of Minnesota, on behalf of the corporation. CAROL M. OSTERAAS r` NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1.31.2005 a • STATE OF MINNESOTA Notary Public Date commission expires: /- S' /-. n ­ ,5' COUNTY OF HENNEPIN ' The foregoing instrument was acknowledged before me this — day of , 20 0 Z , b3y �NAPS the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. DARLENE R. WALLIN,/ NOTARY PUBLIC - MINNESOTA Notary Public My Commission Expires Jan. 31, 2005 r Date commission ex ,`LLtic cx 3! �? 00-D STATE OF MINNESOTA COUNTY OF HENNEPIN ( , The foregoing ins ument was acknowledged before me this' -" day of , 20��/ , by aoj�Ai e/51 S , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municip*l corporation. s DARLENE R. WALLIN NOTARY PUBLIC- PUBLIC - MINNESOTA Notary Public My Commission Expires Jan. 31, 2005 r Date commission expire THIS INSTRUMENT WAS DRAFTED BY: (RETURN INSTRUMENT TO DRAFTEE) Evergreen Land Services 6110 Blue Circle Drive, Suite 140 Minnetonka, MN 55343 952- 930 -3100 fps M m O z o SCANNED � 41 o M Q)11 r= ernM TRANSPER ENTERED iT' �" n' HENNEPIN CO'UN'TY TAXPAYCS StWItI ft M o Z t CJ r:Y Z J MAY 3 1 2002%° H NEPIN COUNTY MINN. B pEel!$j CITY OF EDINA EASEMENT Parcel No.: 03 Project: W- 77TH -ST -02 THIS INSTRUMENT, made this day of 4m-'L , 20O Z,, by and between American Heart Association, Inc., a(n) corporation under the laws of the State of Minnesota, 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 them in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Name and State of Minnesota, to wit: Public Road Right of Way Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northwesterly of a line drawn southwesterly from a point on the north line of said Tract J, distant 20.60 feet east of the northwest corner of said Tract J to a point on the west line of Tract J, distant 15.20 feet south of said northwest corner Tract J., according to the recorded plat thereof, Hennepin County, Minnesota; and also a Signal Easement for 4701 W. 7; th Street as follows. An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northwesterly of a line drawn southwesterly from a point on the north line of said Tract J distant 36.46 feet east of the northwest corner of said Tract J to a point on the west line of Tract J distant 36.15 feet south of said northwest corner of Tract J, according to the recorded plat thereof, Hennepin County, Minnesota; and also an Utility Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota lying 3.00 feet southerly of and adjoining a line described as commencing at the northeast corner of said Tract J; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West along the east line of said Tract J a distance of 4.00 feet to the point of beginning of the line to be described; thence South 89 degrees 22 minutes 23 seconds West a distance of 385.41 feet; thence westerly a distance of 22.66 feet along a tangential curve concave to the north having a radius of 336.00 feet and a central angle of 3 degrees 51 minutes 51 seconds; thence westerly a distance of 31.54 feet along a reverse curve concave to the southeast having a radius of 34.00 feet and a central angle of 53 degrees 08 minutes 43 U r� seconds; thence westerly a distance of 6.70 feet along a reverse curve concave to the north having a radius of 5.00 feet and a central angle of 76 degrees 44 minutes 45 seconds to the west line of said Tract J and said line there terminating. The southerly line of said easement is to be prolonged or shortened to terminate at said east and west lines of Tract J, according to the recorded plat thereof, Hennepin County, Minnesota; and also a Public Walkway Easement for 4701 W. 77th Street as follows: A Public Walkway Easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying 5.00 feet northerly and northwesterly of and adjoining a line described as commencing at the northeast corner of said Tract J; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West along the east line of said Tract J a distance of 4.00 feet to the point of beginning of the fine to be described; thence South 89 degrees 22 minutes 23 seconds West a distance of 385.41 feet; thence westerly a distance of 22.66 feet along a tangential curve concave to the north having a radius of 336.00 feet and a central angle of 3 degrees 51 minutes 51 seconds; thence westerly a distance of 31.54 feet along a reverse curve concave to the southeast having a radius of 34.00 feet and a central angle of 53 degrees 08 minutes 43 seconds; thence westerly a distance of 6.70 feet along a reverse curve concave to the north having a radius of 5.00 feet and a central angle of 76 degrees 44 minutes 45 seconds to the west line of said Tract J and said line there terminating, according to the recorded plat thereof, Hennepin County, Minnesota. It is the intention and agreement of the parties hereto that the Grantee shall in the construction or maintenance of said utilities, replace any sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. NOW THEREFORE, until the parties hereto agree otherwise in writing, the City Of Edina shall maintain the walkway in good and operating condition without cost to the property owner 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, due to 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 walkway. All of the provisions hereof shall run with the land and shall extend to and bind the successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has caused this instrument to be duly executed the day and year first above written. GRANTOR: American Heart Association, Inc. By Its+c eufv ✓e� �sr-e /"ice* ---ate' By Its GRANTEE: City of Edina By J)ENevrs 7:70Z � Its Mayor of the City of din a Its City Manager of the City of Edina STATE OF MINNESOTA County of The foregoing instrument was acknowledged before me this /S day of C , 200 , by %r+ %/fGUSiL -�tL & the �✓�— American Heart Association, Inc., a(n) corporation under the laws of the State of Minnesota, on behalf of the corporation. CAROL M. OSTERAAS `)• NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 131.2005 STATE OF MINNESOTA Notary Public Date commission expires: / – ? / ---;2 S— COUNTY OF HENNEPIN (, , The foregoing instrument was acknowledged before me this day of , 20 �N�ViS � � %�uG� ,the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal DARLENE R. WALLK NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 3i, 2005 STATE OF MINNESOTA Notary Public commission expir , . �� COS-- COUNTY OF HENNEPIN (,' -A The foregoing ins rument was acknowledged before me this - day of , 20 �! , by CFiV°� .i %'�S , 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. DARLENE R. WALLIff NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 34, 2005 THIS INSTRUMENT WAS DRAFTED BY: Evergreen Land Services 6110 Blue Circle Drive, Suite 140 Minnetonka, MN 55343 952- 930 -3100 s , Ax -, Notary Public Date commission expr (RETURN INSTRUMENT TO DRAFTEE) MAY 312002 bo:f- No '* 35FD'9 cf<09 5 ..3 r -0,)- CITY OF EDINA ' EASEMENT V� J L- Parcel No.: 03 Project: W- 77TH -ST -02 THIS INSTRUMENT, made this day of ,rvL , 2002,, by and between American Heart Association, Inc., a(n) corporation under the laws of the State of Minnesota, 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 them in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Name and State of Minnesota, to wit: Public Road Right of Way Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the T) Registrar of Titles, Hennepin County, Minnesota, lying northwesterly of a line drawn southwesterly from a point on the north line of said Tract J, distant 20.60 feet east of the northwest corner of said Tract J to a point on the west line of Tract J, distant 15.20 feet south of said northwest corner Tract J., according to the recorded plat thereof, Hennepin County, Minnesota; and also a Signal Easement for 4701 W. 7'1'th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying northwesterly of a line drawn southwesterly from a point on the north line of said Tract J distant 36.46 feet east of the northwest corner of said Tract J to a point on the west line of Tract J distant 36.15 feet south of said northwest corner of Tract J, according to the recorded plat thereof, Hennepin County, Minnesota; and also an Utility Easement for 4701 W. 77th Street as follows: An easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota lying 3.00 feet southerly of and adjoining a line described as commencing at the northeast corner of said Tract J: thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West along the east line of said Tract J a distance of 4.00 feet to the point of beginning of the line to be described; thence South 89 degrees 22 minutes 23 seconds West a distance of 385.41 feet; thence westerly a distance of 22.66 feet along a tangential curve concave to the north having a radius of 336.00 feet and a central angle of 3 degrees 51 minutes 51 seconds; thence westerly a distance of 31.54 feet along a reverse curve concave to the southeast having a radius of 34.00 feet and a central angle of 53 degrees 08 minutes 43 C seconds; thence westerly a distance of 6.70 feet along a reverse curve concave to the north having a radius -of 5.00 feet and a central angle of 76 degrees 44 minutes 45 seconds to the west line of said Tract J and said line there terminating. The southerly line of said easement is to be prolonged or shortened to terminate at said east and west lines of Tract J, according to the recorded plat thereof, Hennepin County, Minnesota; and also a Public Walkway Easement for 4701 W. 77th Street as follows: A Public Walkway Easement over, under and across that part of Tract J, REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota, lying 5.00 feet northerly and northwesterly of and adjoining a line described as commencing at the northeast corner of said Tract J; thence on an assumed bearing of South 0 degrees 08 minutes 35 seconds West along the east line of said Tract J a distance of 4.00 feet to the point of beginning of the line to be described; thence South 89 degrees 22 minutes 23 seconds West a distance of 385.41 feet; thence westerly a distance of 22.66 feet along a tangential curve concave to the north having a radius of 336.00 feet and a central angle of 3 degrees 51 minutes 51 seconds; thence westerly a distance of 31.54 feet along a reverse curve concave to the southeast having a radius of 34.00 feet and a central angle of 53 degrees 08 minutes 43 seconds; thence westerly a distance of 6.70 feet along a reverse curve concave to the north having a radius of 5.00 feet and a central angle of 76 degrees 44 minutes 45 seconds to the west line of said Tract J and said line there terminating, according to the recorded plat thereof, Hennepin County, Minnesota. It is the intention and agreement of the parties hereto that the Grantee shall in the construction or maintenance of said utilities, replace any sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. NOW THEREFORE, until the parties hereto agree otherwise in writing, the City Of Edina shall maintain the walkway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives and contractors hannless 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 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 walkway. All of the provisions hereof shall run with the land and shall extend to and bind the successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has caused this instrument to be duly executed the day and year first above written. GRANTOR: American Heart Association, Inc. By - Its e44G;�ivey By Its GRANTEE: City of Edina By ,bE/U; VOS jc--: Its Mayor of the City of din By Its City Manager of the City of Edina fE OF MINNESOTA County of r The foregoing instrument was acknowledged before me this /.5' day of �l . L -C , 20 � , by & the `of American Heart Association, Inc., a(n) corporation under the laws of the State of Minnesota, on behalf of the corporation. CAROL M. OSTERAAS ` NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES 1. 31.2005 STATE OF MINNESOTA Notary Public Date commission expires: / — _f / c c) -SJ COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of'� -� , 20 62- , 6ai- */ i..S 4� ����� , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal DARLENE R. WALLK NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2005 STATE OF MINNESOTA on. Notary Public commission expir COUNTY OF HENNEPIN 1 The foregoing' rument was acknowledged before me this X) - day of 200 , by �'�� •� 5 , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the DARLENE R. WALL114 NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2005 THIS INSTRUMENT WAS DRAFTED BY: Evergreen Land Services 6110 Blue Circle Drive, Suite 140 Minnetonka, MN 55343 952- 930 -3100 icipal corporation. r 1 Iw` Notary Public Date commission expi V` (RETURN INSTRUMENT TO DRAFTEE) fl (25) I h P 2� . f 31O 9S i 459.18 229.55 WEST i / �w /p2 2335 of o 21.35 ' 60 ------------------ W w M a0 W O t0 n Z N W 15) O U 6.2 60 0 v .... .. .......... . 60 o, Q by 2B 30 is 36. i 4S� i Q 2859.18 RES