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HomeMy WebLinkAbout28861 No delinquent taxes Transfer Entered I III 111111111111111111111111111111111111111111 Oct 24, 2016 4:30 PM Doc No A10371680 Certified, filed and/or recorded on Hennepin County, Minnesota Oct 24, 2016 4:30 PM Mark Chapin County Auditor and Treasurer Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 119 Pkg ID 1463205M Document Recording Fee $46.00 Document Total $46.00 PID(s) 31-028-24-31-0058, 31-028-24-33-0009 This cover sheet is now a permanent part of the recorded document. No delinquent taxes Transfer Entered Oct 24, 2016 4:30 PM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer PID(s) 31-028-24-31-0058, 31-028-24-33-0009 Existing Certs 1393393,865760 Doc No T05392525 Certified, filed and/or recorded on Oct 24, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 119 Pkg ID 1463124M Certified Copy of any document $10.00 Document Recording Fee $46.00 Multiple Certificates Affected Fee $20.00 Document Total $76.00 STATE OF MINNESOTA, COU ITY OF HENNEPIN ...RAF? q� Certified to be a tnje and correct copy of the ET01 b . j► original on rile and of record in my office OCT 2 4 2016 ' Martin McCormick, Registrar of Titles "�� This cover sheet is now a permanent part of the recorded document. EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made as of theday of ZAAIL, 2016, by and between 62NDS2 GATEWAY, LLC, a Delaware limited liability company and SHAPIRO ENTERPRISES, LLLP, a Minnesota limited liability limited partnership, hereinafter referred to as "Gateway/Shapiro") and the CITY OF EDINA, a Minnesota municipal corporation, hereinafter referred to as "City". RECITALS A. Gateway/Shapiro are the owners of the parcel of land legally described on Exhibit A (the "Gateway/Shapiro Parcel"). B. City is the owner of the parcel of land legally described on Exhibit B (the "City Parcel'). C. Gateway/Shapiro desire to obtain and City has agreed to grant a parking and snow storage easement over portions of the City Parcel. AGREEMENTS NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. Grant of Easement over City Parcel. City hereby grants and conveys to Gateway/Shapiro, as an appurtenance to the Gateway/Shapiro Parcel and running with the land, an exclusive and irrevocable easement for parking purposes, snow storage purposes and related purposes by Gateway/Shapiro and its tenants, employees, agents, guest and invitees ("Gateway/Shapiro Permittees") with respect to 13 parking stalls to be located within the Easement Premises within the portion of the City Parcel depicted on Exhibit C and legally described on Exhibit D hereto (the "Easement Premises"). Gateway/Shapiro (and its successors and assigns) shall have the right to restrict and control parking, snow storage and related purposes on the Easement Premises. 1801930 2. Construction and Maintenance. A. Construction of the parking area within the Easement Premises is to be completed by Gateway/Shapiro. B. Gateway/Shapiro, at its cost, will maintain the Easement Premises in good and safe operating condition. Gateway/Shapiro, at its cost will be responsible for all maintenance, repair, and reconstruction of the improvements and all future improvements to be located within the Easement Premises. Gateway/Shapiro's maintenance obligations will include, but is not limited to landscaping, trash removal, road repair and seal coating consistent with standards in the industry and for the proposed use. If Gateway/Shapiro fails or refuses to comply with any of the obligations under this Agreement, then the City shall have the right, at its option, to perform the obligations following reasonable notice to Gateway/Shapiro. Gateway/Shapiro shall be responsible for reimbursement of the City's costs for performance under this subparagraph B within 30 days of billing by the City. 3. Rights Reserved. Except for the rights expressly granted to Gateway/Shapiro herein, all rights in and to the Easement Premises are hereby reserved to City and, without limiting the generality of the foregoing, City may use the subsurface of the Easement Premises for any and all uses and purposes not inconsistent with the rights expressly granted to Gateway/Shapiro in this Agreement.. Notwithstanding the foregoing, no use by the City of the Easement Premises shall interfere with parking, damage the lateral support or subsurface support of the Easement Premises or interfere with access to and from the Easement Premises. It is the express intent of the Parties that the Easement Area may be used 24 hours a day, 7 days a week, 365 days a year for parking and snow storage exclusive to the Gateway/Shapiro Parcel. The City shall not permit snow storage or parking on the Gateway/Shapiro Parcel for anyone other than Gateway/Shapiro. 5. Insurance. Gateway/Shapiro shall be responsible for maintaining general commercial liability insurance (with coverage (in an amount not less than $1,000,000.00 per occurrence), reasonable deductibles, taking into account the financial strength of the insured. 6. Successors and Assigns. Except as otherwise provided herein, this Agreement and all terms hereof shall be perpetual, shall be deemed to be agreements and easements running with the land, and shall be binding upon, and inure to the benefit of, Gateway/Shapiro and City and their respective heirs, successors and assigns. 8. Notices. Any notice, consent, waiver, request or other communication required or provided to be given under this Agreement shall be in writing and shall be sufficiently given and shall be deemed given when delivered personally or when mailed by certified or registered United States mail, return receipt requested, postage prepaid, or when dispatched by nationally recognized overnight delivery service, in any event, addressed to the party's address as follows: 2 1801930 If to City: City of Edina 4801 West 50' Street Edina, Minnesota 55424-1394 Attn: City Manager If to Gateway/Shapiro : Tri-Star Management, Inc. 600 South Highway 169, Suite 1660 St. Louis Park, Minnesota 55426 or to such other party at such other address as such party, by ten (10) days' prior written notice given as herein provided, shall designate, provided that no party may require notice to be sent to more than two (2) addresses. Any notice given in any other manner shall be effective only upon receipt by the addressee. 9. Termination or Amendment. This Agreement may be terminated or from time to time amended only with the signatures of the parties, and no consent or signature of any other party entitled to use the easements and rights created hereby shall be required. Except as mutually agreed upon by the parties in writing, this Agreement may not be terminated. 10. No Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. 11. Governing_ Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12. Counterparts. This Agreement may be executed in separate counterparts, all of which shall be originals and all of which together shall constitute one and the same instrument. 13. Representations and Warranties. The City represents and, warrants that all municipal actions necessary to approve or ratify this Agreement have been fully satisfied and the persons signing this Agreement have full authority necessary to bind the City to this Agreement. Gateway/Shapiro represents and warrants that it has the requisite corporate authority necessary to execute this Agreement and that the individuals signing this Agreement for Gateway/Shapiro are fully authorized to bind Gateway/Shapiro hereto. (Signature Pages Follow) 180193v1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date set forth above. 62NDS2 GATEWAY, LLC By Sixty Second Street II, LLC its Member By: Stanle A. Javorski Its: Treasurer and Chief Financial Manager STATE OF M,,y4 6S,,T l ) )ss. COUNTY OF f (A) ) The foregoing instrument was acknowledged before me this 4- ,`/ day of lh qA,,j Y L' A 11V4 , 2016, by Stanley A. Javorski, the Treasurer and Chief Financial OW4eei-of Sixty Second Street II, LLC as a member of 62NDS2 GATEWAY, LLC, a Delaware limited liability company, on behalf of said company. NOTARY PUBLIC .© 180193v1 _s SCOTT W WESBUR ` NOTARY PUBLIC - MINNESOTA My Commission Expires Jan, 31, 2020 n SHAPIRO ENTERPRISES, LLLP STATE OF rj ) )ss. COUNTY OF �� ) The foregoing instrument was acknowledged before me this day of the 2016, by �-'S-Qt( f SHCUO AP RO ENTERPRISES, LLLP, a Minnesota limited liability limited partnership, on behalf of=saiderslup NOTA R UBLIC F OLAS WALGREN Notary Public ate of Colorado y ID 20154020085 ion Expires May 21, 2019 5 180193v1 CITY OF James Hovland, Mayor I ea i M er STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of .. , 2016, by James Hovland and Scott Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Counc' . Not 1c THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 6 1801930 SHARON K ALLISON Not" Pd*AM*Sft MY cow"WN Expires im 11,20¢0 EXHIBIT A Legal Description of Gatewa / h piro Parcel The South 275.00 feet of the East 380.00 feet of Tract A of Registered Land Survey No. 679, lying south of LAKE EDINA 5h ADDITION, according to the plats thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Excepting out Minnesota Department of Transportation Trunk Highway No. 100 Right of way. 7 1801930 EXHIBIT B Legal Description of City Parcel Outlot A, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota. ALSO Tract A, REGISTERED LAND SURVEY NO. 938, according to the recorded plat thereof, Hennepin County, Minnesota. ALSO Outlot 1 and 2, BERTELSEN ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. 8 180193v1 Il li00a Legal Description of Parking Lot Easement Area A permanent easement for maintenance & parking lot purposes over, under and across the south 130.00 feet of the west 25.00 feet of Outlot A, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota, as measured at a right angle to the southerly and westerly lines of said tract. 1801930 %J� Porter k <,.. fJ . 1 i•3 .. CAMPBELL KNUTSON October 27, 2016 Ms. Sharon Allison. City of Edina 7450 Metro Boulevard Edina, Minnesota 55439 Re: Miscellaneous Recordings Dear Sharon: Pursuant to your request, enclosed is the original recorded Easement Agreement between 62NDS2 Gateway, LLC, Shapiro Enterprises, LLLP and the City. Please note that this Easement Agreement was recorded on October 24, 2016, as Abstract Document No. A10371680 and as Torrens Document No. T05392525. If you have any questions regarding the above, please give me a call. c;n Enclosur 178290v1 Very truly yours, Campbell Knutson Professional Associ tion By: Carole J. Hoeft Legal Assistant