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HomeMy WebLinkAboutMortgage holder consent to easement/road and utilities easement-2008 �_.. �, . Doc No A9317870 Certified filed and/or recorded on 2/5/09 12:00 PM O�ce of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 4 Pkg ID 511920 Doc Name: Consent Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. � �� �,� 'M� � MORTGAGE HOLDER CONSENT TO EASEMENT Source Construction Capital, LLC, which holds a mortgage on all or part of the property more particularly described in that certain Road and Utilities Easement, dated July 16, 2008, and recorded with the County Recorder for Hennepin County, Minnesota, on August 12, 2008, as Document No. 9170098;and which mortgage is dated March 14, 2008, and recorded with such office on March 25, 2008 as Document No. 9112974i'�and corrected by a corrective mortgage, dated March 14,-2008 and recorded with such office on October 17, 2008 as Document No. 9195133�for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Easement. � SOURCE CONSTRUCTION CAPITAL, LLC BY: Patrick Hi , Chief Financial Officer STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this � day of February, 2009,by Patrick Hiller, the Chief Financial Officer of Source Construction Capital, LLC, on its behalf. V1,�.e�1,1 V✓� V�ti'�d- NOTARY PUBLIC .,. MELINA MARA BARON �1 Notary Pubiic Minnesota My Commission Expires January 31,2013 DRAFTED BY: Campbell Knutson Professiona[Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone:(651)452-5000 143704 , '. • � . oc No 9170098 08/12/20 08:48 AM O ��� �� ��� C rtified filed and or recorde n above date: � � Office of the Count ecorder Hennepin County innesota P�r�►r� .� �/ a� � �� Michael H. Cunniff, ounty Recorder TranslD 430877 Deputy 45 Fees $35.50 DOC $10.50 SUR $46.00 Total . - . . � � - . . .. y , ,•.. a � ' . �-l��ov �u.,Ly- Lrr� � �r' . . . : � ROAD AND UTILITIES EASEMENT THIS INDENTURE, made this ���tiay of , 2008, by and between Strong Arm Construction Services, LLC, a Mi esota imited Liability Corporation, hereinafter referred to as "Grantor", and the City of Orono, a municipal corporation, under the laws of the State of Minnesota, hereinafter referred to as "Grantee". WITNESSETH, that Grantor, in consideration of the sum of One Dollar ($1.00) and for other good and valua.ble consideration given by Grantee, the receipt of which is acknowledged by Grantor, does hereby grant, bargain, sell and convey to Grantee, its successors and assigns, an easement for public ingress, egress, access, road and utilities purposes and uses, on, across and under the land in the County of Hennepin and State of Minnesota, as follows: The west19.58 feet of the following described property: The North 253 feet of the South 368 feet of the North 2,223.3 feet of that part of Government Lot 5, lying West of the East 1159.4 feet thereof, in Section 35, Township 118, Range 23, Hennepin County, Minnesota, and except that part lying south of the following described line: Commencing at a point on the South line of said Government Lot 5, distant 864.9 feet West of the Southeast corner of said Government Lot 5, said point being marked by a Judicial Landmark established pursuant to order of the District Court in Torrens Case No 8489; thence North parallel with the East line of said Government Lot 5 to a point distant 1754.8 feet South of the North line of said Government Lot 5 as measured along said parallel line extended to said North Line; thence West at a right angle a distance of 294.5 feet; thence South parallel with the East line of said Government Lot 5, a distance of 312.62 feet to the point of beginning of the land to be described; thence continuing South, parallel with the East line of said Government Lot 5, a distance of 162.39 feet; thence West, para11e1 with the North line of said Government Lot 5, a distance of 198.78 feet to the West line of said Government Lot 5; thence North, along the West line of said Government Lot 5, a distance of 168.00 feet; thence East a distance of 200.09 feet to the point of beginning. including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, operate and repair a sanitary sewer main or line, a water main or line, a gravel or paved road, a storm sewer main or line, and any and all appurtenances, including drainage control structures, incidental and related thereto, (such are hereafter collectively referred to as the Improvement), and the Grantee shall have the right to make such use of said land as is reasonably necessary and advisable to the construction installation, maintenance, operation and repair of the Improvement. Page 1 of�3 �� ti`�� ` . • , �. , ' . . y TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns, permanently. The Grantor(s) herein certify that the lands herein described are free and clear of all encumbrances except: c�oti� �� IN WITNESS WHEREOF, said Grantor has set its hand on the day and year first above written. GRANTOR: c Arm Construction ervices, LC By: u,G'o /�J - �Z- �av�-K ItS: �j�C 5'�Z�iP✓lfi STATE OF MINNESOTA ) )ss. COLJNTY OF HE�EPIN � The foregoing inst nt was acknowledged befor me this �O(��day of , 2008, by 1�(,!2, /� of Strong � Cons ction Services, LL , a Minnesota Limited Liability Corporation, on behalf of the corporation. MONICA A.FADNESS � �. NOTARY PUBUC-MINNESOTA / d MyCommissionExpiresJan.31,2ot2 NOTARY PUBLIC Page 2 of�3 ��� , , � ���. {. i� ' � � r, � s �,• < State Deed Tax Due Hereon: This instrument was drafted by: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Page 3 of�3 G�� ��