HomeMy WebLinkAbout3020Transfer Entered
Jun 13, 2019 12:23 PM
I I
ie
Hennepin County, Minnesota
Doc No T05620 64
Mark Chapin Certified, filed and/or recorded on
County Auditor and Treasurer Jun 13, 2019 12:23 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1832089E
Document Recording Fee $46.00
Document Total $46.00
PID(s)
31-028-24-33-0028
Existing Certs
1474188
This cover sheet is now a permanent part of the recorded document.
AGREEMENT FOR ENCROACHMENT
ON PUBLIC SIDEWALK
This Encroachment Agreement (the "Agreement") is made this day of
-tun , 2019, by and between the CITY OF EDINA, a Minnesota municipal corporation
("City"), and PENTAGON VILLAGE, LLC, a Minnesota limited liability company
("Developer").
RECITALS
A. Developer is the fee owner of certain real property located in the City of Edina,
Minnesota legally described on Exhibit A ("Subject Property"); and
B. The Developer seeks the permission of the City to color and stamp the public
sidewalk abutting or on the Subject Property at the location legally described on the attached
Exhibit B.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. City hereby grants Developer, and its sudcessors and assigns, the right to encroach
over the public sidewalk described in the attached Exhibit B to install and maintain color and
stampings, subject to the following terms and conditions:
A. Developer may install color and stampings in the sidewalk described in
Exhibit B, at its sole cost.
B. The color and stampings shall be installed in accordance with City approved
plans and specifications and, once installed, shall not obstruct or interfere
with the public's use of the sidewalk.
C. Developer shall be responsible for the cost of maintaining, repairing,
restoring, and reinstalling the color and stampings on the sidewalk.
D. City reserves the right under this Agreement, or under any applicable laws,
to abate or remove any hazardous conditions which may occur with respect
to the color and stampings in the sidewalk. If the City determines that the
health or safety of persons are adversely affected by the color or stampings,
Developer shall, upon receipt of written notice of such condition from the
City, immediately take the necessary corrective actions to abate or remove
the unsafe conditions and shall remove color and stampings if directed to
do so by the City. In the event that Developer shall fail to correct the
conditions as directed by the City, the City may remove the color and
stampings. The City shall thereafter be entitled to collect the costs incurred
201693v1
in such corrective action, including any attorneys' fees incurred in the
enforcement or implementation of these rights. It is agreed that these costs
shall be a lien against the Subject Property and that the costs may be
collected alternatively by foreclosure of this lien, by assessment of the costs
against the Subject Property, by action on this Agreement against the owner
of the Subject Property, or by any or all of the above, or by any other method
available to the City.
E. The City shall not be responsible for any damage to the color or stamped
concrete areas caused by the City.
2. The respective rights and obligations of the parties under this Agreement shall run
with the Subject Property and shall be binding upon and inure to the benefit of the respective
parties, their successors and assigns, and shall continue in force until such time as the color and
stampings are removed and this Agreement is terminated. Developer shall provide a certificate of
title for the Subject Property and this Agreement shall be recorded against the Subject Property
prior to any work by Developer within the Lighting Encroachment Area.
3. Developer shall comply with all federal, state and local laws and regulations in the
installation, repair, maintenance, operation, removal of the color and stampings.
4. This Agreement shall be governed by the laws of the State of Minnesota.
5. The failure by any party to enforce against another party any term of this Agreement
shall not be deemed a waiver of such party's right to enforce against the other party the same or
any other term in the future.
6. Developer agrees to hold harmless, defend, and indemnify the City and the City's
officers, employees, agents, contractors and assigns, from and against any and all claims,
liabilities, losses, damages, cost, and expenses (including attorneys' fees) for property damage or
personal injury or death arising from or relating the color and stampings, its construction, repair,
maintenance, use or removal, unless caused by the gross negligence or willful misconduct of the
City.
7. Notices required to be given under this Agreement shall be hand delivered or mailed
to the respective parties at the following addresses, or to such other address as a party may direct
by notice similarly given:
If to the City:
City of Edina
4801 West 501" Street
Edina, MN 55424
2
201693v1
CITY 0 NA
BY:
tbanos..,..lictu
AND
Scott Neal, City anager
If to Developer:
Pentagon Village, LLC
8560 Kelzer Drive
Victoria, MN 55386
8. This Agreement may be terminated by either party to this Agreement upon sixty
(60) days advance written notice to the other party. Upon termination of this Agreement, the
Developer shall remove the color and stampings and restore the sidewalk prior to the termination
date.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of
the day and year fist above written.
STATE OF MINNESOTA
(ss.
COUNTY,OF HENNEPIN
The foregoing instrument was acknowledged before me this , day of
CAA , 2019, by James B. 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.
NOTARY PUBLIC
SHNA
0tRarvORNubt .44
ALLel
My Commission Evicts Jan 31,
?DIC ) ON2 0
3
201693v1
PENTAG VI L • , LLC
BY:
x< rt" ELIZABETH A MOE
NOTARY PUBLIC
MINNESOTA
My Commission Expo Jan. 31,2020 If
411, .11•
Its Occ Pi LA'
STATE OF MINNESOTA
(ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this ? day of
, 2019, by St_b14 1-4."\Lt.noct , the \l‘ct- Chrefocku* of Pentagon
Village, lTE, a Minnesota limited liability company, on behalf of the limited liability company.
NOTARY PUBLI
DRAFTED BY:
CAMPBELL, KNUTSON, P.A.
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
[RNK]
201693v1
4
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Lot 1, Block 1 Pentagon Village, Hennepin County Minnesota
5
201693v1
LOCATION OF PUBLIC SIDEWALK IIIIIHXa N
C.9.-5/83°:(1%.7.5"w
PCP,'
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CS 542'55 .W -E II 40 :;46c:2>i'N
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.55 -
.58E' SHEET 2 OF
2 SUMS FOR
DESCRBMON
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Westwood
IMPPIPPILPIIMata—t- lasoln.••••1
Ar 5/7r2029 ac I c v 2
Pairea fite
Pentagon Village, LLC
Ws DA,
VIM* LW SI
Pentagon
Village
mrd IC+
Stamped Concrete
Sidewalk
Exhibit
Nee
0 o. 0
euro Non Pro or
STldn=cr: CON:PETS 5/DENAL.K DESCR:P7:0Ai
•, et the rigni at way of //tit 5:Vee: rVesi ca efrtewn on the aial of f),LN7A (,,AGL utisere'S.9 to ci County,
.Caneetata aescrtbed as /0110YeS:
C(...rrinecCing a; the nOrtheasi comer of t at 5. 9/oak i, said PENTAGON wit ACC: Thence North 4,5 degrees .5.5 crerutee 5h seconds Fast, assarr*h; the
rho c0 !cal/ line of sa;c' tat 5 has a hearthg at North, a °Yvonne at 250.05 tact to the ."orthec.srcnly inn at Lot scia. : and tato coin; of
thence nortneosfehy Mang a nor-tanger.?Iat curve concave tit tete northwest, baring c centre;angte or /5 degrees 20 rah:nes 02 seconds. e
raaies of 7750 feet, for an arc distance of 20.74 feet the shard of sold curve oecrs North 55 degrees 43 rrinutes 28 seconds lost: thence North de
decrees /2 eththdes 22 seconds West, not (argent to said curve. otstonce of 7.98 feet; thence southwesterly along o (angertat ce concave to Ire
southeast. having a central angte of 73 degrees 55 minutes 06 seconds end c radius of 24.25 feet. for or arc distanCe ol 37.40 feet
ury
to scid
nartheasterly lie& at Lc( thence soutaeasfehy gang a non (angentlat curve concave (c the southwest and atony' said northeasterly line. newag a
central angle 26 decrees 72 minutes 49 seconds and a rodes of 771.95 feet, for an arc dtstanae :555 Feet, the chora of sold curve sears Soutn 42
decrees 06 minutes 79 seconds east: thence oath 39 degrees 00 rshutes 00 seconds East. tonge.nt to sold -Sofas and :song sold sorthecsierly tIne o
dtetehce at 5,90 feet to the Aon: °es:Inning.
rigs S/7/2019 as 2 cm' 2
t
liVestwood p_ —
Pentagon Village, LLC
MO raw Tad aft %dada, WI MIK
Pentagon
Village
Fara 1.21
Stamped Concrete
Sidewalk
Description
AGREEMENT FOR ENCROACHMENT
ON PUBLIC SIDEWALK
This Encroachment Agreement (the "Agreement") is made this day of
, 2019, by and between the CITY OF EDINA, a Minnesota municipal corporation
("City"), and PENTAGON VILLAGE, LLC, a Minnesota limited liability company
("Developer").
RECITALS
A. Developer is the fee owner of certain real property located in the City of Edina,
Minnesota legally described on Exhibit A ("Subject Property"); and
B. The Developer seeks the permission of the City to color and stamp the public
sidewalk abutting or on the Subject Property at the location legally described on the attached
Exhibit B.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. City hereby grants Developer, and its successors and assigns, the right to encroach
over the public sidewalk described in the attached Exhibit B to install and maintain color and
stampings, subject to the following terms and conditions:
A. Developer may install color and stampings in the sidewalk described in
Exhibit B, at its sole cost.
B. The color and stampings shall be installed in accordance with City approved
plans and specifications and, once installed, shall not obstruct or interfere
with the public's use of the sidewalk.
C. Developer shall be responsible for the cost of maintaining, repairing,
restoring, and reinstalling the color and stampings on the sidewalk.
D. City reserves the right under this Agreement, or under any applicable laws,
to abate or remove any hazardous conditions which may occur with respect
to the color and stampings in the sidewalk. If the City determines that the
health or safety of persons are adversely affected by the color or stampings,
Developer shall, upon receipt of written notice of such condition from the
City, immediately take the necessary corrective actions to abate or remove
the unsafe conditions and shall remove color and stampings if directed to
do so by the City. In the event that Developer shall fail to correct the
conditions as directed by the City, the City may remove the color and
stampings. The City shall thereafter be entitled to collect the costs incurred
201693v1
in such corrective action, including any attorneys' fees incurred in the
enforcement or implementation of these rights. It is agreed that these costs
shall be a lien against the Subject Property and that the costs may be
collected alternatively by foreclosure of this lien, by assessment of the costs
against the Subject Property, by action on this Agreement against the owner
of the Subject Property, or by any or all of the above, or by any other method
available to the City.
E. The City shall not be responsible for any damage to the color or stamped
concrete areas caused by the City.
2. The respective rights and obligations of the parties under this Agreement shall run
with the Subject Property and shall be binding upon and inure to the benefit of the respective
parties, their successors and assigns, and shall continue in force until such time as the color and
stampings are removed and this Agreement is terminated. Developer shall provide a certificate of
title for the Subject Property and this Agreement shall be recorded against the Subject Property
prior to any work by Developer within the Lighting Encroachment Area.
3. Developer shall comply with all federal, state and local laws and regulations in the
installation, repair, maintenance, operation, removal of the color and stampings.
4. This Agreement shall be governed by the laws of the State of Minnesota.
5. The failure by any party to enforce against another party any term of this Agreement
shall not be deemed a waiver of such party's right to enforce against the other party the same or
any other term in the future.
6. Developer agrees to hold harmless, defend, and indemnify the City and the City's
officers, employees, agents, contractors and assigns, from and against any and all claims,
liabilities, losses, damages, cost, and expenses (including attorneys' fees) for property damage or
personal injury or death arising from or relating the color and stampings, its construction, repair,
maintenance, use or removal, unless caused by the gross negligence or willful misconduct of the
City.
7. Notices required to be given under this Agreement shall be hand delivered or mailed
to the respective parties at the following addresses, or to such other address as a party may direct
by notice similarly given:
If to the City:
City of Edina
4801 West 50th Street
Edina, MN 55424
2
201693v1
CITY 0 E l NA
BY:
AND
Scott Neal, City anager
If to Developer:
Pentagon Village, LLC
8560 Kelzer Drive
Victoria, MN 55386
8. This Agreement may be terminated by either party to this Agreement upon sixty
(60) days advance written notice to the other party. Upon termination of this Agreement, the
Developer shall remove the color and stampings and restore the sidewalk prior to the termination
date.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of
the day and year fist above written.
STATE OF MINNESOTA
(ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this 44 day of
Via , 2019, by James B. 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
NOTARY PUBLIC
SHARON M. ALLISON
Notary Public-Minnesota
My Commission Expires Jan 31, 2020
3
201693v1
)
NOTARY PUBLI
ELIZABETH A MOE
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31, 2020
a,
PENTAD VI L LLC
BY:
Its Vice_ 061,1,
STATE OF MINNESOTA
(ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this cl?, day of
tflo.. , 2019, by SCD -C&ALVIOICIT , the ?ccuoatr* of Pentagon
Village,'tLC, a Minnesota limited liability company, on behalf of the limited liability company.
DRAFTED BY:
CAMPBELL, KNUTSON, P.A.
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
[RNK]
201693v I
4
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Lot 1, Block 1 Pentagon Village, Hennepin County Minnesota
5
2016930
01015 IVaa twat{ 1.71.00
7
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Pentagon Village, LLC
Kla It Peed Deft vita MN SON
Pentagon
Village
Miss MN
Stamped Concrete
Sidewalk
Exhibit
Westwood LOCATION OF PUBLIC SIDEWALK ff IIIIIHXa
IAUPO rotor. ler
STAMPES 0ot,09075 SIDEWALK DESCP:PflOd
Trot port at the right cJ way of /39; Street West as shown or: the plat tiriAGC h 4.2
Minnesota treactrioeol as follows:
g to trte rector rot. tierinep5i County,
Cooconeodog or the ocotoccor corner at tat 5. pock said 51SEITACON WIIA-047; Then to North 43 lectures 33 minutes 55 scrands East assarr.lna thin
rOc cascary :the af sa:a Lot 5 has a coating North, dttgrac or 25D08 hact :a the harehoosterly !The c7( Lot 7. ocio Stock 7 and theadn1 Of
:5e-215511g, toerce nortneastery along a non-tangertheol curve concave to the northwest, having c central ongte a. 15 degrees 20 rn:rotes se.cands,
rcatus of 77 50 feet, 'or an arc distance of 2974 fee:. the chart: of nand curve sears Nortin 60 degrees 45 an72 t'e 2S? Fact; mrerc-, Novo, sc
decrees 12 nntriutes 22 seconds West, not tangent ta sad aurve. 2 id; Ce 221 795 feet; thence southwester& along a tanceatia: curve --sive to the
southeast. ^cultic a ceotoal argue of 75 decrees r^ n_ 05 seconds aod a radius of 24.-35 feet. tor or arc distance of 5440 feet. to said
northeasterly af Lot 7; tfiece seatneasterty along a non-- lancer Fa curve concave to .fh 201: 22 west and -gland said noir:nes-sten> tine. hawing c
centre: angle CS degrees r2 minutes 49 erEu.tds crid a radius of 07495 feet, for an arc onsto.nCE 7555 fee: co or.:o saic curve tears Soo..4.
degrees 05 o-vootes. 79 seconds East: me oce Sov.?7, 29 degrees CC minutes CO seconds East. tangent to 5212 21,,, /2 22 01 2,'02 9" said no Itne,
distance of 5.50 feet to tne porn: of creolaniria.
5/7/20I9 sic 2 CV 2
Xi dab.] Ledi n+.
Westwood
aill••••1101•0•111011M.sC
Onli•
Ott
IMM/P/M/6 totem
Pmpoild
Pentagon Village, LLC
NO Kris load DS,
Vila* lel Slab
Pentagon
Village
Atha AIN
Stamped Concrete
Sidewalk
Description