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DOPY GRANT OF PERMANENT EASEMENT U.S. BANK NATIONAL ASSOCIATION, a national banking association, "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF EDINA, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City ", its successors and assigns, a permanent easement for public street, drainage and utility purposes over, on, across, under and through the land situated in the County of Hennepin, State of Minnesota ( "Property "), and legally described on the attached Exhibit "A" ( "Permanent Easement Premises "). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public street, drainage and utilities over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public street, drainage utility easement. City shall maintain and operate the Permanent Easement Premises, and any permitted improvements at its sole cost and expense, in a safe, lien -free and workmanlike manner and shall keep and maintain the same in a professional and sightly condition at all times. City agrees that it shall comply with all rules, laws, ordinances and requirements regarding its maintenance and use of the Permanent Easement Premises and shall obtain any and all required permits and licenses at its sole cost and expense. To the extent of its statutory liability limits, City, hereby indemnifies and holds Grantor harmless from and against any injury, expense, damage, liability or claim incurred by Grantor arising directly or indirectly from the City's negligence in its use of the easement rights granted by Grantor to City hereunder. City shall use the Permanent Easement Premises only as necessary for the purpose described in above, and shall use its best efforts not to unreasonably interfere with Grantor's use and enjoyment of the Property. City shall keep the Permanent Easement Premises free and clear of debris at all times and shall not use the Permanent Easement Premises for the storage of material. City agrees to repair any and all damage caused to the Permanent Easement Premises or the Property by City, its employees, agents or contractors, including but not limited to the replacement of any trees removed to accommodate City's use of the Property and the restoration of the Easement Area following any City work thereon to the same or better condition as the Easement Area existed prior to such work. L IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this i 1 day of AIFF- I L , 2011. GRANTOR: U.S. BAN K NATIONAL ASSOCIATION By: Its: NEV. STATE OF f t R VY S'=" ) ss. COUNTY OF l'C.h N %r`) The foregoing instrument was acknowledged before me this day of A 2011 b y �i the V of U.S. Bank �l! x.11 v� National Association, a national banking association, on behalf of said association, Grantor. Notary Public Willa �l� '. /. /- /. . �J ✓ ✓l. ✓_ /1J_ rlJl, /_ /lllll�_ /J IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day of AMIL 22011. GRANTOR: W �: STATE OF iy) 'n n-e s a �- ) ) ss. COUNTY OF��} The or oing instrument was acknowledged before me this day of 2011, by JC S h tit the y of U.S. Bank National Association, national banking association, on behalf of said association, Grantor. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651- 452 -5000 TMS /cjh EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT That part of the following described tract of land in the City of Edina: (THE TRACT) Lot 1, Block 1, except that part thereof which lies Northwesterly of a line drawn from a point on the North line of Section 32, Township 28, Range 24 distant 110 feet Easterly of the Northwest corner of said section to a point on the West line thereof distant 110 feet Southerly of said Northwest corner; Lot 2, Block 1, except the Easterly 70 feet thereof; Yorktown, Hennepin County, Minnesota; together with all the hereditaments and appurtenances belonging thereto subject to any easements, reservations, conditions and covenants of record and leases, if any. Which lies within the following permanent easement for street, utility and drainage purposes: That part of Lot 2, Block 1, YORKTOWN, according to said plat on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the north line of said Lot 2, and a line drawn parallel with and distant 70.00 feet west of the east line of said Lot 2; thence South 00 degrees 30 minutes 55 seconds East, assumed bearing along said line drawn parallel with and distant 70.00 feet west of the east line of Lot 2, 42.53 feet; thence South 90 degrees 00 minutes 00 seconds West, 52.15 feet; thence North 08 degrees 14 minutes 28 seconds West, 28.62 feet; thence North 54 degrees 58 minutes 34 seconds West, 24.40 feet, to said north line of Lot 2; thence east along said north line of Lot 2, to the point of beginning. 1309712.1 Defaware qhe First State PAGE 1 I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "FBS - FIRST BUILDING CORPORATION ", A DELAWARE CORPORATION, WITH AND INTO "U.S. BANK NATIONAL ASSOCIATION" UNDER THE NAME OF "U.S. BANK NATIONAL ASSOCIATION ", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE COUNTRY OF UNITED STATES, AS RECEIVED AND FILED IN THIS OFFICE THE THIRTY -FIRST DAY OF MAY, A.D. 2005, AT 9:07 O'CLOCK P.M. 3917191 8100M 100951474 You may verify this certificate online at corp.delaware.gov /authver.shtml Jeffrey W. Bullock, Secretary of State AUTHEN C TION: 8272909 DATE: 10 -06 -10 FPCM CORPORATION -RUST WI LM. TEAM #2 (TW 5. 31' 05 20:07 /ST. 20 000. 4863796516 P 2 State of Delaware Secretary of State Division of Corporations Delivered 09:07 PM 0513112005 FILED 09:07 PM 0513112005 SRV 050454018 - 3917191 FILE AGREEMENT OF MERGER BETWEEN FBS - FIRST BUILDING CORPORATION a Delaware corporation INTO U.S. BAND NATIONAL ASSOCIATION a national banking association This Plan and Agreement of Merger made and entered into on the 13c' day of May, 2005, by and between FBS - First Building Corporation, a Delaware corporation and U.S. Bank National Association, a national banking association. WI'INESSETH: WHEREAS, FBS - First Building Corporation is a corporation organized and existing under the laws of the State of Delaware, its Certificate of Incorporation having been filed in the Office of the Secretary of State of the State of Delaware on January 26,2005,- and WHEREAS, U.S. Bank Arational Association is a national banking association existing under the laws of th,-- United States; and WHEREAS, the Board of Directors of each of the constituent corporations deems it advisable that FBS - First Building Corporation be merged into U.S. Bank National Association on the terms and conditions hereitxa.fter set forth, in accordance with the applicable provisions of the! statutes of the State of Delaware and 12 USC 215a -3 respectively, which permit such merger, NOW, THEREFORE, in consideration of the premises and of the agreements, covenants and provisions hereinafter contained, F13S - First Building Corporation and U.S. Bank National Association, by their respective Boards of Directors, have agreed and do hereby agree, each with the other as fol:ows: ARTICLE I U.S. Bank National Awaciation Md FBS - First Building Corporation shall be merged into a single corporation, in accordance sixth applicable provisions of the laws of the United States and the State of Delaware, by FHS - First Building Corporation merging U.S. Bank National Association, which shall be the surviving Corporation. The separate existence of FBS - Fiat Building Corporation shall cease except to the extent provided by the laws of the United States in the ca of a corporation ailer its merger i se nto d national banking association. FRW ORPOD.TION -RUST WI LM. TEAM #2 MTE) 5. 31' 05 20 : 08 /ST, 20:000. 4863796516 P 3 ARTICLE CI Ibis merger shall become effective upon filing with the Secretary of State of Delaware. HvWever, fur accounting purposes only, the effective date of the merger shall be as of the opening of business June 1, 2005 ("Effective Date "). ARTICLE HI The Articles of'Associatlon of U.S. Bank National Association shall not be ;: miended in any respect by reason of this Agreement ofMerger. ARTICLE IV Upon the Effective Date of the merger, all outstanding share of each class and series of stock of FBS - Fust Building Corporation shall be canceled and no shares of U.S. Bank National A,ssoeia6on shall be issued in lieu thereof. ARTICLE V The by -laws of the surviving corporatinnt U_S. Bank National Association, as they shall exist on the effective date of this Agreement shall be and remain the by -laws of the surviving corporation until the same shall be altered, amended and repealed as therein provided. AiRTICL>(!: VI The directors and officers of U.S. 13aak National Association shall continue in office until the next annual meeting of shareholders and until their successors shall have been elected and qualified. ARTICLE VII The surviving corporation, U.$_ Bank National Association, agrees that it may be served with process in the State of Delaware in any proceeding for enforcement of any obligation of any constituent coiporation of Delaware, as well as for enforcement of any obligation of the surviving corporation arising from this merger, including any suit or other proceeding to enforce the rights of any stockholders as determined in appraisal proceedings pursuant to the provisions of Section 262 of the Delaware General Corporation laws, and irrevocably appoints the Secretary of State of Delaware as its agent to accept service of process in any such suit or proceeding. The Secretary of State shall mail any such process to the surviving corporalion at 800 Nicollet Mall, Legal Departinent, Minneapolis, LW 55402. AR'nCLE VIH U.S. Bank National Association, the sole shareholder of FBS - First Building Corporation, has unanimous voted all the shares issued and outstanding haling volirg power to approve the merger of FBS - First Building Corporation into U.S. Bank National Association. FEWCORPORATI ON RUST WI LM. TEAM #2 (TUF;) 5. 31' 05 20 :08 /ST, 20:000. 4863796516 F 4 IN 'WITNESS WHEREOF, u.5. Bank National Association and FBS - First Building Corporation pursuant to the approval and authority duly given by resolutions adopted by their respective Boards of Directors have caused this Plan and Agreement of Merger to be executed by an authorized officer of each party hereto. VD9 - FIRST BUILDING CORPORATION Uy J. Canon, I'r dent D.S. BANK NATIONAL ASSOCIATION By: Ksr J. Canon, Vi a President 3 Defaware rzfie First State PAGE 1 1, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AGREEMENT OF MERGER, WHICH MERGES: "FIRST BUILDING CORPORATION ", A MINNESOTA CORPORATION, "U.S. BANCORP ONLINE SERVICES, INC_ ", A MINNESOTA CORPORATION, WITH AND INTO "FBS - FIRST BUILDING CORPORATION" UNDER THE NAME OF "FBS - FIRST BUILDING CORPORATION ", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY -NINTH DAY OF APRIL, A.D. 2005, AT 10:52 O'CLOCK A.M_ AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF AGREEMENT OF MERGER IS THE THIRTIETH DAY OF APRIL, A.D. 2005. 3917191 8100M 100951474 You may verify this certificate online at corp.delaware.gov /authver.shtml _WCA_C�7 Jeffrey W. Bullock, Secretary of State AUTHEN C TION: 8272910 DATE: 10 -06 -10 FROM CORPORATION TRUS7 302 -655 -2480 11 AGRUMENT OF MERGER State of Delawaze Secretary of State Division of Cozporations Delivexed 11:04 AM 0412912005 FILED 10:52 AV 0412912005 SRV 050346696 — 3917191 FILE AGREEMENT OF MERGER, dated this 186, day of April, 2005, pursuant to Section 252 of the General Corporation,Law of the State of Delaware, between FBS -First Building Corporation, a Delaware corporation and U _S. Bancorp Online Services, Inc., a Minnesota corporation and. First Building Corporation, a Minnesota corporation. iNITNESSETH that: WHEREAS, all of the constituent corporations desire to merge into a single corporation: and NOW, 'THEREFORE, the corporation, parties to this Agreement, in consideration of the mutual covenants, agreements and provisions hereinafter coot dread, do hereby prescribe the terms and conditions of said merger and mode of carrying the same into effect as follows: FIRST: FBS - First Building Corporation hereby merges into itself U.S. Bancorp Online Services, Inc. and First Building Corporation and said U.S. Bancorp Online Services, Inc. and First Building Corporation shall be and hereby are merged into FBS - First Building Corporation which shall be the surviving corporation. SECOND: The Certificate of Incorporation of FBS - First Building Corporation, as heretofore amended and is in effect on the date of the merger provided for ift this Agreement, shall continue in full force and effect as the Certificate of Incorporation of the corporation surviving this merger. THIRD: The authorized capital stock of each foreign corporation, which is a party to the merger, is as follows: Corra8 ort U.S. Bancorp Online Services, Inc. Common First Building Corporation Common Number of Shares Far value per share 10,000 $0.01 par value 1,750 $100.00 par value FOURTH: The manner of converting the outstanding shares of the capital stock of each of the constituent corporations into shares or other securities of the surviving corporation shall be as follows: Page 1 of 3 FROM CORPORATION TRUST 302 -655 -2480 (FRI) 4.29'05 13:07/ST.13:O6/N0.4862069862 P 3 (a) Each shaze of common Stock of the surviving corporation, which shall be issued and outstanding on the effective date of this Agreement, shall remain issued and outstanding. (b) Each share of common stock of the merged corporation which shall be outstanding on the effective date of this Agreement, all rights in respect thereto shall forthwith be cancelled and no shares of common stock of FBS - First Building Corporation shall be issued. FIM: The terms and conditions of the merger are as follows: (a) The bylaws of the surviving corporation as they shall exist on the effective date of this Agreement shall be and remain the bylaws of the surviving corporation until the same shall be altered, amended and repealed as therein provided, (b) The directors and officers of the surviving corporation shall continue in office until the next annual meeting of stockholders and until their 6atccessors shall have been elected and qualified. (c) This merger shall become effective upon filing with the Secretary of State of Delaware. However, for all accounting purposes, the effective date of the merger shall be April 30t!', 2005. (d) Upon the merger becoming effective, all the property, rights, privileges, franchises, patents, trademarks, licenses, regisixations and other assets of every kind and description of the merged corporation shall be transfermd. to, vested in and devolve upon the surviving corporation without further act or deed and all property, rights, and every other interest of the surviving corporation and the merged corporation shall be as effectively the property of the surviving corporation as they were of the surviving corporation and the merged corporation respectively. The merged corporation hereby agrees from time to time, as and when requested by the surviving corporation or by its successors or assigns, to execute and deliver or cause to be executed and delivered all such deeds and instruments and to take or cause to be taken such further or other action as the surviving corporation may deem to be necessary or desirable in order to vest in and confirm to the surviving corporation title to and possession of any property of the merged corporation acquired or to be acquired by reason of or as a result of the merger herein provided for and otherwise to carry out the intent and purposes hereof and the proper officers and directors of the merged corporation and the proper officers and directors of the surviving corporation are fully autherrized in the name of the merged corporation or otherwise to take any and all such action. Page 2 of 3 FROM CORPORATION :'Ri;ST 302- 655 -2480 ',FRI) 4. 29' 05 13:07/ST, 13:0010, 4862069862 P 4 IN WITLESS WHMEOF, the parties to this Agreement, pursuant to the approval and authority duly given by resolutions adopted by their respective Boards of Directors have caused these presents to be executed by the appropriate officer of each party hereto as the respective rut, deed and agreement of said corporations on this 181h day of April, 2005. FB S - FIRST BUILDING CORPORATION By: __ P Karen ), Cano , President U.S. BANCORP ONLINE SERVICES, INC. 13y: [� Karen J. Cano sident FIRST BUILDING CORPORATION By: John P. Kinsella, Vice President Page 3 of 3 FROM CORPORATION TRUST 302-655 -2480 ;FR:' 4.29105 I3:07/ST.1^:06/NO.4862069862 P 5 Assistant Secretary Certificate L Jeanne M. Escobedo, Assistant Secretary of M - First Building Corporation, a corporation organized and existing,under the laws of the State of Delaware, hereby certify, as such Assistant Secretary, that the Agreement of Merger to which this Certificate is attached, after having been first duly signed on behalf of the said corporation and hawing been signed on behalf of First Building Corporation, a corporation of the State of Krine$ota corporation, was duly adopted pursuant to Section 228 of the General Corporation Law of the State of Delaware by the unanimous written consent of the stockholders holding all of the shares of the capital stock of the corporation, same being all of the shares issued and outstanding having voting power, which Agreement of Merger was thereby adopted as the act of the stockholders of FBS - First Building Corporation and the duly adopted agreement and act of the said corporation. WITNESS, my hand on this 181h day of April, 2005. J e M. Escobedo, Assistant Secretary FROM CORPORATION TRUST 302 -655 -2480 (FR) 4.2913 13:07/S7.13:06/NO.4862069862 P 6 Assistant Secretary Certificate I, Jeanne M. Escobedo, Assistant Secretary of FBS - First Building Corporation, a corporation organized and existing under the laws of the State of Delaware, hereby certify, as such Assistant Secretary, that the Agreement of Merger to which this Certificate is attached, after having been first duly signed on behalf of the said corporation and having been signed on behalf of U.S. Bancorp Online Services, Inc., a corporation of the State of Minnesota corporation, was duly adopted pursuant to Section 228 of the General Corporation taw of the State of Delaware by the unanimous written consent of the stockholders holding all of the shares of the capital stock of the Corporation, same being all of the shares issued and outstanding having voting power, which Agreement of Merger was thereby adopted as the act of the stockholders of PBS - First Building Corporation and the duly adopted agreement and act of the said corporation. WITNESS, my hand on this 18th day of April, 2005. t M A. IIInIII III III nIV 11111 �lll ll Doc No T4859947 C.V. filed C.V. not req._X_ Transfer Entered 5/26/2011 12:00:00 PM Hennepin County, Minnesota Jill L. Alverson County Auditor and Treasurer Certified, filed and /or recorded on 5/26/11 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 45 Pkg ID 713651 Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1077413 This cover sheet is now a permanent part of the recorded document. GRANT OF PERMANENT EASEMENT U.S. BANK NATIONAL ASSOCIATION, a national banking association, "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF EDINA, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City ", its successors and assigns, a permanent easement for public street, drainage and utility purposes over, on, across, under and through the land situated in the County of Hennepin, State of Minnesota ( "Property"), and legally described on the attached Exhibit "A" ( "Permanent Easement Premises "). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public street, drainage and utilities over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public street, drainage utility easement. I City shall maintain and operate the Permanent Easement Premises, and any permitted improvements at its sole cost and expense, in a safe, lien -free and workmanlike manner and shall keep and maintain the same in a professional and sightly condition at all times. City agrees that it shall comply with all rules, laws, ordinances and requirements regarding its maintenance and use of the Permanent Easement Premises and shall obtain any and all required permits and licenses at its sole cost and expense. To the extent of its statutory liability limits, City, hereby indemnifies and holds Grantor harmless from and against any injury, expense, damage, liability or claim incurred by Grantor arising directly or indirectly from the City's negligence in its use of the easement rights granted by Grantor to City hereunder. City shall use the Permanent Easement Premises only as necessary for the purpose described in above, and shall use its best efforts not to unreasonably interfere with Grantor's use and enjoyment of the Property. City shall keep the Permanent Easement Premises free and clear of debris at all times and shall not use the Permanent Easement Premises for the storage of material. City agrees to repair any and all damage caused to the Permanent Easement Premises or the Property by City, its employees, agents or contractors, including but not limited to the replacement of any trees removed to accommodate City's use of the Property and the restoration of the Easement Area following any City work thereon to the same or better condition as the Easement Area existed prior to such work. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day of AF11- I L .2011. GRANTOR: U.S. B NATIONAL ASSOCIATION By: Its: 00;V. �t�v nrb£l - V, P. STATE OF _qf 01 ) ��11 )ss. COUNTY OF n k. h r ) The foregoing instrument was acknowledged before me this W day of 2011, by _ n 66S the V 1 of U.S. Bank National Association, a national banking association, on behalf of said association, Grantor. Notary Public 11 ,pAr:A.7ij (1111 IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day of Apq-[L 12011. GRANTOR: U.: L-I'm STATE OF fy) 10 r?f S 6 �— ) ) ss. COUNTY OF The or ring instrument was acknowledged before me this 1 day of 2011, by it " ytm sh-ov the VF of U.S. Bank National Association, k national banking association, on behalf of said association, Grantor. Notary Public .lr��i✓j lfas U-1 14M 1 f • 1 ✓lam:/_' 11J ✓.✓Jllliy�/J_rJ///�/'/'` =i %1 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651- 452 -5000 TMS /cjh M EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT That part of the following described tract of land in the City of Edina: (THE TRACT) Lot 1, Block 1, except that part thereof which lies Northwesterly of a line drawn from a point on the North line of Section 32, Township 28, Range 24 distant 110 feet Easterly of the Northwest corner of said section to a point on the West line thereof distant 110 feet Southerly of said Northwest corner; Lot 2, Block 1, except the Easterly 70 feet thereof, Yorktown, Hennepin County, Minnesota; together with all the hereditaments and appurtenances belonging thereto subject to any easements, reservations, conditions and covenants of record and leases, if any. Which lies within the following permanent easement for street, utility and drainage purposes: That part of Lot 2, Block 1, YORKTOWN, according to said plat on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the north line of said Lot 2, and a line drawn parallel with and distant 70.00 feet west of the east line of said Lot 2; thence South 00 degrees 30 minutes 55 seconds East, assumed bearing along said line drawn parallel with and distant 70.00 feet west of the east line of Lot 2, 42.53 feet; thence South 90 degrees 00 minutes 00 seconds West, 52.15 feet; thence North 08 degrees 14 minutes 28 seconds West, 28.62 feet; thence North 54 degrees 58 minutes 34 seconds West, 24.40 feet, to said north line of Lot 2; thence east along said north line of Lot 2, to the point of beginning. 1309712.1 t "l�tYxs d an�lsl'as.al Elliott B. Knetsch .1oCI 1. I'vil13ik steins° fit' c'Dowcll Vo hlc ^wts•sa ',-1 .Mattick `�arste�«° 1. l altaatsrtes &l;t+z1,111:z :1,<. %i. NACC:trrorl Wi! 4 Mua V.lx W. 4Y5 5 S 'v, %w Ll, is .coat CAMPBELL KNUTSON Professional Association ion. June 17, 2011 Mr. Wayne Houle City of Edina 4801 West 50' Street Edina, Minnesota 55424 -1394 Re: U.S. Bank — City of Edina Grant of Permanent Easement Dear Mr. Houle: ,O\ Enclosed herewith for your file are the following recorded documents in the above matter: 1. Certified copy of Minnesota Certificate of Merger naming the surviving entity as FBS -First Building Corporation, recorded on May 26, 2011, as Document No. T4859946; 2. Photocopy of Delaware Certificate of Merger wherein FBS -First Bank Corporation merged with and into U.S. Bank National Association. This document was previously recorded with the Hennepin County Registrar of Titles as Document No. 4723282 and has been memorialized on existing Certificate of Title No. 1077413; and 3. Original Grant of Permanent Easement from U.S. Bank National Association to the City of Edina, recorded on May 26, 2011, as Document No. T4859947. If you have any questions regarding the above, please give me a call. Thank you. cjh Enclosure Very truly yours, Campbell Knutson L Carole J. Hoeft Legal Assistant v* t l ,l Doc No T4859946 J Certified, filed and /or recorded on 5/26/11 12:00 PM Office of the Registrar of Titles ' Hennepin County, Minnesota 1' Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 45 Pkg ID 713651 Doc Name: Merger Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1077413 This cover sheet is now a permanent part of the recorded document. New Certs 87-911 gate of M i n neso +5 t0 SECRETARY OF STATE Certificate of Merger 1, Mary Kiffineyer, Secretary of State of Minnesota, certify that: the documents required to effectuate a merger between the entities listed below and designating the surviving entity have been filed in this office on the date noted on this certificate; and the qualification of any non - surviving entity to do business in Minnesota is terminated on the effective date of this merger. Merger Filed Pursuant to Minnesota Statutes, Chapter: 302A State of Formation and Names of Merging Entities: MN: U.S. BANCORP ONLINE SERVICES, INC. MN: FIRST BUILDING CORPORATION DE: FBS -FIRST BUILDING CORPORATION State of Formation and Name of Surviving Entity: DE: FBS -FIRST BUILDING CORPORATION Effective Date of Merger: April 30, 2005 Name of Surviving Entity After Effective Date of Merger: FBS -FIRST BUILDING CORPORATION This certificate has been issued on: April 29, 2005. • i' �2 ARTICLES OF MERGER Of U.S. BANCORP ONLINE SERVICES, INC. And FIRST BUILDING CORPORATION into FBS - FIRST BUILDING CORPORATION Pursuant to the provisions of the Minnesota Business Corporation Act, the undersigned corporations adopt the following articles of merger: 1. The plan of merger is as follows: a. The names of the corporations proposing to merge are U.S. Bancorp Online Services, Inc. and First Building Corporation into FBS - First Building Corporation b. The name of the surviving corporation is FBS -First Building Corporation c. The terms and conditions of the proposed merger are: U.S. Bancorp Online Services, Inc. and First Building Corporation are inactive corporations. FBS - First Building Corporation will acquire any assets and liabilities at fair market value. d. The merger will be effective as of April 30, 2005 ( "Effective Date "). I/ e. Upon Effective Date of the merger, all outstanding share of each class and series of stock of U.S. Bancorp Online, Services, Inc. shall be canceled and no shares of FBS - First Building Corporation shall be issued in lieu thereof. f. Upon Effective Date of the merger, all outstanding share of each class and series of stock of First Building Corporation shall be canceled and no shares of FBS - First Building Corporation shall be issued in lieu thereof. 2. The plan has been approved by each constituent pursuant to Chapter 302A of the l Minnesota Statutes. 3. FBS - First Building Corporation, the surviving corporation agrees that: a. It may be served with process in the State of Minnesota in any proceeding for the ' enforcement of an obligation of a constituent corporation and in any proceeding for the enforcement of the rights of a dissenting shareholder of a constituent corporation against it. b. The Secretary of State is irrevocably appointed as its agent to accept service of process in any such proceeding; and the address to which process may be forwarded is 800 Nicollet Mall, 21s' floor, Minneapolis, Minnesota 55402. c. It will promptly pay to the dissenting shareholders of any corporation organized / under the laws of Minnesota which is a party to the merger the amount, if any, to which they are entitled under section 302A.473 of the Business Corporation Act. Dated: April 18, 2005 Dated: April 18, 2005 Dated: April 18, 2005 STATE OF MINNESM DEPARTMENT OF SMM FILED �A '?9 2005 Serea yyo�t� W FBS - FIRST BUILDING CORPORATION Karen J. Cano , President By. a e M. Escobedo, Assistant Secretary U.S. BANCORP ONLINE SERVICES, INC. By: Karen J. Ca on, President J rue M. Escobedo, Assistant Secretary FIRST BUILDING CORPORATION By. John P. Kinsella, Vice President By. �Oce�d' Ma M. Escobedo, Assistant Secretary STATE OF MINNESOTA DEPARTMENT OF STATE true and comDlete copy of the document as filed for record in this office. DATED Secretary of State Delaware PAGE , the ,first State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "FBS - FIRST BUILDING CORPORATION ", A DELAWARE CORPORATION, WITH AND INTO "U-S. BANK NATIONAL ASSOCIATION" UNDER THE NAME OF "U.S_ BANK NATIONAL ASSOCIATION ", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE COUNTRY OF UNITED STATES, AS RECEIVED AND FILED IN THIS OFFICE THE THIRTY -FIRST DAY OF MAY, A.D. 2005, AT 9:07 O'CLOCK P.M. 3917191 8100M 100951474 You may verify this certificate online at corp.delaware.gov /authver.shtml _W��C�7 Jeffrey W. Bullock, Secretary of State AUTHEN C TION: 8272909 DATE: 10 -06 -10 FPOM CHTOB.TI ON -RUST W1 LM. TEAM #2 (TUF) 5. 31' 05 20 : CVST. 20:000. 4863796516 P 2 State of Delawa e Secretary of State Division of Corporations Delivered 09:07 PM 0513112005 FILED 09:07 FM 0513112005 SRV 050454018 - 3917191 FILE AGREEMENT OF MERGER BETWEEN FBS - FIRST BUILDING CORPORATION a Delaware corporation INTO U.S, BANK NATIONAL ASSOCIATION a natioatal banking association This Plan and Agreement of Merger made and entered into on the 13th day of May, 2005, by and between FBS - First Building Corporation, a Delaware corporation and U.S. Bank National Association, a national banking association. WITNESSETH: "RnAS, FBS - First Building Corporation is a corporation organized and existing under the laws of the State of Delaware, its Certificate of lncorporatio.n having been filed is the 0$1ce of the Secretary of State of the State of Delaware on January 26, 2005; and WHEREAS, U.S. Bank National Association is a national banking association existing under the laws of th-e United States; and WHEREAS, the Board of Directors of each of the constituent corporations deems it advisable that FBS - First Building Corporation be merged into U.S. Bank National Association on the terms and conditions hereinafter set forth, in accordance with the applicable provisions of the statutes of the State of Dclawarc and 12 USC 215a -3 respectively, which permit such merger; NOW, THEREFORE, in consideration of the premises and of the agreements, covenants and provisions hereinafter container, )~BS - First Building Corporation and U.S. Bank National Association, by their respective Boards of Directors, have agreed and do hereby agree, each with the uther as follows: ARTICLE Y U.S. Bank National Association and FBS - First Building Corporation shall be merged into a single corporation, in accordance A th applicable provisions of the laws of the United States and the State of Delaware, by h'BS - First Building Corporation Inerging U.S. Bank National Association, which shall be the surviving Corporation. The separate existence of FBS - Fiat Building Corporation shall cease except to the extent provided by the laws of the United States in the case: of a corporation after its merges into a national banking association. FP.CM CORPORATION -BUST WI A TEAM #2 MTE) .5. 31' 05 20 :DUST. 20:000. 4863796516 P 3 ARTICLE H This merger shall become effective upon filing with the Secretary of State of Delaware, However, for amounting purposes only, the effective date of the merger shall be as of the opening of business June. 1, 2005 ( "Effective Date" ), ARTICLE III The Articles of'Association of U.S. Bank National Association shall no[ be amtmdad in any respect by reason of-this Agreement of Merger. ARTICLE IV Upon the Effective Date of the merger, all outstanding share of each class and series of stock of FBS - First Building Corporation shall be canceled and no shares of U.S. Bank National Association shall be issued in lieu thereof. ARTICLE V The by -laws of the surviving corporation, I..S. Bank National Association, as they shall exist on the effective date of this Agreement shall be and remain the by -laws of the surviving, corporation until the same shall be altered, amended and repealed as therein provided. ARTICLE VI The directors and officers of U.S. Bank National Association shall coptimw in office until the next annual meeting of shareholders and until their successors shall have been Glected and qualified. AR'T'ICLE VII The surviving corporation, 'U.S. Bank National Association, agrees that it may be served with process i'n the State of Delaware in any proceeding for onfomcment of any obligation of any constituent corporation of Delaware, as well as for enforcement of any obligation of the surviving corporation arising from this merger, including any suit or other proceeding to enforce the rights of any stockholders as determined in appraisal proceedings pursuant to the provisions of Section 262 of the Delaware General Corporation laws, and irrevocably appoints the Secretary of State of Delaware as its agent to accept service of process in any such suit or proceeding, The Secretary of State shall mail any such process to the surviving corporation at 800 Nicoliet Mall, Legal Deparmtent, Minneapolis, MN 55402. ARTICLE VIII U,S. Bank National Association, the sole shareholder of FBS - First Building Corporation, has unanimous voted all the shares issued and outstanding baling voiirg power to approve the merger of FBS - First Building Corporation into U.S. Bank National Association. 2 FP.OM CDRPORATI ON -BUST WI LM. TEAM 92 (TUB;) 5. 31' 05 20:06 /ST, 20:000. 4863796516 P 4 IN WITNESS WHEREOF, U.S. Sank Nationai Association and FDS - First Building Corporation pursuant to the approval and authority duly given by resolutions adopted by their respective Boards of Di- Tectors have caused this Plan End Agreement of Merger to be executed by an authorized officer of each party hereto, VDS - FIRST BUILDING CORPORATION J. Canon, Pr dent U.S. BANK NATIONAL ASSOCIATION Kar By,JX _ Cation, Vi a President LEGAL DESCRIPTION INFORMATION PAGE 1 NEXT = INQUIRY CODE 103 PROPERTY ID 32 028 24 22 0003 PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 78125 PARCEL 0900 EARLIEST DELQ YR ACREAGE 5.04 DIV STATUS OWNER FIRST BUILDING CORPORATION LAST STAT CHG VERF LEGAL PROP ADDR 7001 FRANCE AVE S CONDMN # LOT 002 BLOCK 001 TAXPAY N/A FIRST BUILDING CORPORATION PREVIOUS OWNER 01/08/2002 C/O U S BANK N A 2800 EAST LAKE ST APPROX PARCEL SIZE IRREGULAR MINNEAPOLIS MN 55406 TRAN DATES 05/13/93 10/19/89 ADN YORKTOWN METES / BOUNDS DESCRIPTION THAT PART OF LOT 2 LYING WLY OF THE TO HWY ADDN DATE FILED 06/08/1972 T CURRENT TITLE: TORRENS ELY 70 FT THOF EX ROAD ALSO SUBJECT RECEIVED JUN 2 8 2010 JUN 10 2011 C.V. filed C.V. not req._X_ Transfer Entered e 5/26/2011 12:00:00 PM Hennepin County, Minnesota Jill L. Alverson County Auditor and Treasurer Doc No T4859947 Certified, filed and /or recorded on 5/26/11 12:00 PM Office of the Registrar of Titles, Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 45 Pkg ID 713651 Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1077413 000 This cover sheet is now a permanent part of the recorded document. GRANT OF PERMANENT EASEMENT U.S. BANK NATIONAL ASSOCIATION, a national banking association, "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF EDINA, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City ", its successors and assigns, a permanent easement for public street, drainage and utility purposes over, on, across, under and through the land situated in the County of Hennepin, State of Minnesota ( "Property's, and legally described on the attached Exhibit "A" ( "Permanent Easement Premises'D. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public street, drainage and utilities over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public street, drainage utility easement. 1 1 City shall maintain and operate the Permanent Easement Premises, and any permitted improvements at its sole cost and expense, in a safe, lien -free and worlananlike manner and shall keep and maintain the same in a professional and sightly condition at all tunes. City agrees that it shall comply with all rules, laws, ordinances and requirements regarding its maintenance and use of the Permanent Easement Premises and shall obtain any and all required permits and licenses at its sole cost and expense. To the extent of its statutory liability limits, City, hereby indemnifies and holds Grantor harmless from and against any injury, expense, damage, liability or claim incurred by Grantor arising directly or indirectly from the City's negligence in its use of the easement rights granted by Grantor to City hereunder. City shall use the Permanent Easement Premises only as necessary for the purpose described in above, and shall use its best efforts not to unreasonably interfere with Grantor's use and enjoyment of the Property. City shall keep the Permanent Easement Premises free and clear of debris at all times and shall not use the Permanent Easement Premises for the storage of material. City agrees to repair any and all damage caused to the Permanent Easement Premises or the Property by City, its employees, agents or contractors, including but not limited to the replacement of any trees removed to accommodate City's use of the Property and the restoration of the Easement Area following any City work thereon to the same or better condition as the Easement Area existed prior to such work. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day of AFRL 1/ , 2011. GRANTOR: U.S. B NATIONAL ASSOCIATION By: nn Its: STATE OF TKk Rl At Sbkf-- ) ,ff ) ss. COUNTY OF The foregoing instrument was acknowledged before me this Q day of 2011, by U-1 VA.viS the 1/ (' of U.S. Bank National Association, a national banking association, on behalf of said association, Grantor. Notary Public !11 J` 0 IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this t day of APIM , 2011. U.S. B.9MNATIONAL ASSOCIATION • I\ \ \ ! ♦ 1 C STATE OF Yn to rt-e. s'17 —) U ) ss. COUNTY OF Theo oing instrument was acknowledged before me this 1 day of 2011, by t the VP of U.S. Bank National Association, h national banking association, on behalf of said association, Grantor. C► I- &A�� Notary Public _l k, THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNVrsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve. Eagan, MN 55121. Telephone: 651 -452 -5000 TMS /cjh EXffiMTT "A" TO GRANT OF PERMANENT EASEMENT That part of the following described tract of land in the City of Edina (THE TRACT) Lot 1, Block 1, except that part thereof which lies Northwesterly of a line drawn from a point on the North line of Section 32, Township 28, Range 24 distant 110 feet Easterly of the Northwest corner of said section to a point on the West line thereof distant 110 feet Southerly of said Northwest comer; Lot 2, Block 1, except the Easterly 70 feet thereof, Yorktown, Hennepin County, Minnesota; together with all the hereditaments and appurtenances belonging thereto subject to any easements, reservations, conditions and covenants of record and leases, if any. Which lies within the following permanent easement for street, utility and drainage purposes: That part of Lot 2, Block 1, YORKTOWN, according to said plat on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the north line of said Lot 2, and a line drawn parallel with and distant 70.00 feet west of the east line of said Lot 2; thence South 00 degrees 30 minutes 55 seconds East, assumed bearing along said line drawn parallel with and distant 70.00 feet west of the east line of Lot 2, 42.53 feet; thence South 90 degrees 00 minutes 00 seconds West, 52.15 feet; thence North 08 degrees 14 minutes 28 seconds West, 28.62 feet; thence North 54 degrees 58 minutes 34 seconds West, 24.40 feet, to said north line of Lot 2; thence east along said north line of Lot 2, to the point of beginning. 1309712.1 Z—DOC NO 2189613 .. 0 `Doc'► ► 4$ !F` .G-Doc, 00 91513a5 -25 -89 420 233 .. ..7-7 "77 260 2 (3) 595 a (2) 70 3 (4) 200 3 rn O Z M t0 N 3a- oaS- ay - a5 yna,,p Co v reChv-n .1 ,4.W � tV, FILES ....o..... lV i R t , . P ID AN'l- PRItOR TAXI$ TAX Y 2 SERVIOES. �G 7� TnA�JS TR ENT RED JUL 10 2008 - 1- lv --D1:6 SDEPUTY &4 -- QCT� GRANT OF PERMANENT AND TEMPORARY EASEMENTS BRANDON SQUARE PARTNERSHIP H, LLP, a Minnesota limited liability partnership, "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF EDINA, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, the following easements: 1. A permanent easement for public street, utility and drainage purposes over, on, across, under, and through the land- situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B," including the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable tunes to construct, reconstruct, inspect, repair, and maintain said public street, utility and drainage systems over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain, and excavate the permanent easement premises, and the Ritther right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public street, utility and drainage easements. 2. A temporary construction. easement over, across, on, under, and through the land 131985 r situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit `B." To have and to hold the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring November 30, 2008, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the described property to a condition as nearly equal as possible to that which existed prior to construction. The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this 4 day f _, 200E 131985 GRANTOR: BRANDON SQ ARE A.VTNE SHIP II, LLP Its: EXHIBIT "A" TO GRANT OF PERMANENT AND TEMPORARY EASEMENTS Parcel No. 2 That part of the following described tract of land in the City of Edina: (THE TRACT) Lot 3 and the Easterly Seventy (70) feet of Lot 2, Block 1, YORKTOWN, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County. Which lies within the following permanent casement for street, utility and drainage purposes: That part of Lot 2, Block 1, YORKTOWN, according to said plat on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the north line of said Lot 2, and a line drawn parallel with and distant 70.00 feet west of the east line of said Lot 2; thence South 00 degrees 30 minutes 55 seconds East, assumed bearing along said line drawn parallel with and distant 70.00 feet west of the east line of Lot 2, 42.53 feet; thence North 90 degrees 00 minutes 00 seconds East, 22.84 feet; thence North 25 degrees 53 minutes 59 seconds East, 33.03 feet; thence North 67 degrees 42 minutes 18 seconds East, 34.36 feet, to said north line of Lot 2; thence west along said north line of Lot 2, to the point of beginning. And also which lies within the following temporary easements for construction purposes: The north 119.50 feet of the west 44.50 feet of the east 70.00 feet of said Lot 2. Except that part which lies within any of the above described permanent easement for street, utility and drainage purposes. And also the north 58.50 feet of east 25.50 feet of said Lot 2. Except that part which lies within any of the above described permanent easement for street, utility and drainage purposes. And also the north 58.50 feet of the west 85.00 feet of said Lot 3. Said temporary easement to expire November 30, 2008. DA 000 131985 Page: 1 Document Name: untitled LEGAL DESCRIPTION INFORMATION PAGE 1 NEXT = INQUIRY CODE 103 PROPERTY ID 32 028 24 22 0002 PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 78125 PARCEL 0600 EARLIEST DELQ YR ACREAGE .00 DIV STATUS OWNER BRANDON SQ PTNRSHP II LLP LAST STAT CHG VERF LEGAL PROP ADDR 3501 70TH ST W CONDMN # LOT 002 BLOCK 001 TAXPAY N/A BRANDON SQUARE COMPANY PREVIOUS OWNER 05/01/2003 321 UNIVERSITY AVE S E MPLS MN 55414 APPROX PARCEL SIZE IRREGULAR TRAN DATES 08/06/08 05/13/93 ADN YORKTOWN ADDN DATE FILED 06/08/1972 T METES / BOUNDS DESCRIPTION CURRENT TITLE: TORRENS THE ELY 70 FT SUBJECT TO ROAD Date: 8/6/2008 Time: 2:46:16 PM .V. FIL50 ....�..�., NOT PE-0. —fplo AW P JOR TAX TA PAVER SERVICES {�,�G �'RANP FI E�t'�ERE[� JU JUL 10 2008 N O 9 t S -13d. 5 -1 _ 10-0`6 P © DE MINN. T 33— GRANT OF PERMANENT AND TEMPORARY EASEMENTS BRANDON SQUARE PARTNERSHIP II, LLP, a Minnesota Iimited liability partnership, "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF EDINA, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City ", its successors and assigns, the following easements: 1. A permanent easement for public street, utility and drainage purposes over, on, across, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit `B," including the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable tunes to construct, reconstruct, inspect, repair, and maintain said public street, utility and drainage systems over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain, and excavate the permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public street, utility and drainage easements. 2. A temporary construction. easement over, across, on, under, and through the land 131985 situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit `B." To have and to hold the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring November 30, 2008, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the described property to a condition as nearly equal as possible to that which existed prior to construction. The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day f , 20095 131985 GRANTOR: BRANDON SQ , ARE THE SHIP U, LLP By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF jQ ) The foregoing instrument was acknowledged fore me this d?Sday of 2006 by 0, L7,-, Z�f„( e v- the Q,+InArte' of Brandon Square Partnership 11, LLP Mirniesota limited liability partnership, on its behalf. �.i iViinnesota ° MyCornmissionExpiresianuary31 ,2010 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651 -452 -5000 TMS(cjh 131985 r EXHIBIT "A" TO GRANT OF PERMANENT AND TEMPORARY EASEMENTS Parcel No. 2 That part of the following described tract of land in the City of Edina: (THE TRACT) Lot 3 and the Easterly Seventy (70) feet of Lot 2, Block 1, YORKTOWN, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County. Which lies within the following permanent easement for street, utility and drainage purposes: That part of Lot 2, Block 1, YORKTOWN, according to said plat on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the north line of said Lot 2, and a line drawn parallel with and distant 70.00 feet west of the east line of said Lot 2; thence South 00 degrees 30 minutes 55 seconds East, assumed bearing along said line drawn parallel with and distant 70.00 feet west of the east line of Lot 2, 42.53 feet; thence North 90 degrees 00 minutes 00 seconds East, 22.84 feet; thence North 25 degrees 53 minutes 59 seconds East, 33.03 feet; thence North 67 degrees 42 minutes 18 seconds East, 34.36 feet, to said north line of Lot 2; thence west along said north line of Lot 2, to the point of beginning. And also which lies within the following temporary easements for construction purposes: The north 119.50 feet of the west 44.50 feet of the east 70.00 feet of said Lot 2. Except that part which lies ,%dthin any of the above described permanent easement for street, utility and drainage purposes. And also the north 58.50 feet of east 25.50 feet of said Lot 2. Except that part which lies within any of the above described permanent easement for street, utility and drainage purposes. And also the north 58.50 feet of the west 85.00 feet of said Lot 3. Said temporary easement to expire November 30, 2008. 131985 w OC NO 21896t3 211.03 ....................... 2 (3) 595 R Z/ UV of Z9. � cv 70 r4 o q 151 Say 3 (4) 4 (5)