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Home My WebLink About441BEN KR. Form No. 31 —M. `705094 C%. Aftneaoe8e. UlieeL 10th September 62 Madethis .......................... ............................day of...................... ............................... 19..........., ........... .. .............................. . ............................................................................................ . .............................................. x ................... ..... Minnesota ........ pw,ty of the first part, and a oorporatio�ti �� 131�ANi ................................. ............................... a corporation under the laws of the State of ...................... �E .... C11i................................. ............................... " party of the second part, ONB AD1D (ilOOet�...T.t ,�.r.pF�l'Lpfo..,�t. �1RA�c .....BidRi'tt�a..�G.tJ+a sum of ............................................................................................................................................................................................... ............................... DOLLJRS, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledfed, does hereby Grant,. Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and "don-Mier, all the tract ....... ..... or parcel......... of land lyinf and bein.f in the County of ................. ............... I ........................................................ and State of `dsinnesota, described as follows, to -wit: All that part of the existing 18 moot hater Main Imemant s:e recorded by Document Number 514303 and as shown on the Recorded Plat, of •OUTNUM OMCi PARK 830309 ANBMItN1, lying within the Rest " foot of the West 36 feet of Lot 30 Mock 3, said BOMM U OMCE PAU ilEtl HD ADOMON. p To Jbabe crib to jbolb tbt Game, Together with all the hereditaments and appurtenances there- unto belonjinj -or in anywise appertainini, to the said party of the second part, its successors and assiins, Forever. �n Testimonp Mbered, The said first party has "Id these resents to be exeeu a name b its .................. es nt and its ... .. � ......... y .........t 0 ...... ..and its corporate seal to be hereunto affixed the day and year fast above written. VILIAGE or z .............................. ... ,,� .............................................. a.. .........I..................... In Prose of s- ... ...........:...... ...11...�......... 0 Mayor ............................... Itsres� .. . Village Clerk Its...................................................... Minnesota Form No. 31. Doc. No. ........ ................... ............ ,I QUITCLAIM DEED Corporation to Corporation ............ ..........................:.... .................... ............... ................ TO Office of Register of Deeds, btate of Af ineata, Countyof ................................. ..........:............ ........ I hereby certify that the within Deed was filed in this office, fiee for record on the ................... .........day of. ... ............................................. 19- ........., at ..................... o'clock .........................V., and was duly recorded in Book ...................... . of Deeds, page ......................... ................................................................•-.---------------------------- Register of Deeds. By.............. ............................... ........................Deputy. Tares for the year 19......, on the lands described within, paid this . .............. ................. dayof .............................. ............................... 19........ ........ County Treasurer. By.................. ............................... ....................Deputy. Taxes paid and Transfer entered this .........................day of ................................................ 19............. ................................................................. ............................... County Juditor. By... ............. ....... ... .. Deputy. '� ✓�- G G d f e 6 Recording Fee $1.25 Fib- 705094 76STERED VOL. /.1P..0 -.r?". .... PAGE ..... • „, 77'- t I 441 OFFICE OF REGISTRAR OF TITLES STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within instrument was filed in this office on the 3 day of OCT A. D 1962 at o'clo4h M. e2Le' j• :REGISTRAR OF TITLES $y DEPUTY REGISTRAR OF TITLES kANSFER ENTERLU OCT 2 1962 ROBERT F. AILIMINIONS, AUDIA HENNEPIN COUNTY, MINN. ay pEpt Irr = 441 XF4L 4 34 SK 2: w� • >. r-r iA; 6ic'�+ ra �v 9 iRS, tD yy ` C Q' ice' iA A+ p A ti A R P ?'~• A� eN it Ax •� � o +� zj � � :H � :7it �Aoo� 0 n. w n cue � A�4� M o to c. oti'aL N o ex e ti o c A 0 cue ” � `v A P S' n• cCo �Q�ee �J %Q R+A qW AGREEMENT (Amendment to Agreement Dated July 26, 1978) r THIS AGREEMENT, made and entered into this 4/ day of , 1978, by and between CITY OF EDINA, a Minnesota municipal corporation ( "City "), and THE FARMERS AND MECHANICS SAVINGS BANK OF MINNEAPOLIS, a Minnesota corporation ( "Bank "), with its main office at 90 South Sixth Street, Minneapolis, Minnesota. WITNESSETH, THAT: WHEREAS, the parties hereto entered into an Agreement relative to a parking variance and use of utility easements dated July 26, 1978, and filed on August 11, 1978, in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1288406; and WHEREAS, it is the desire of the parties hereto to amend said Agreement. NOW, THEREFORE, the parties hereto mutually agree that paragraph three on page four of said Agreement dated July 26, 1978 be amended to read as follows: 3. The City hereby grants to the Bank the right to construct, maintain, and use automated drive -in teller facilities on the Easement Area that shall consist of and be limited to (i) four (4) concrete traffic islands of a maximum size of three (3') feet wide by twenty (20') feet long by six (6 ") inches thick; (ii) four (4) freestand- ing mechanical tellers; (iii) a canopy over the traffic islands and mechanical tellers, and supported by two (2) frost footings near the southerly mechanical teller; (iv) pneumatic tubes and wiring installed in said canopy or underground; (v) bituminous surfacing (all being hereinafter called "Teller Facilities "). The equipment forming a part of the Teller Facilities shall be contained within an area that extends South- erly from the building now on the Subject Pro- perty and onto and over the Easement Area and perpendicular to the Easement Area, and that has a maximum width of twelve (121) feet and, as to the underground portions thereof, a maximum depth of five (51) feet. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. CITY OF EDINA f3 Q THE FARMERS AND MECHANICS SAVINGS BANK OF MINNEAPOLIS This instrument was drafted by: Howard N. Groven By Attorney at Law Its Vice President Marquette at Sixth P. 0. Box 1257 Minneapolis, MN 55480 By Its Banking Officer -2- STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 5/- day of 1978, by JAMES VAN VALKENBURG and KENNETH E. ROSLAND, Mayor and Manager, respect- ively, of the CITY OF EDINA, a Minnesota municipal corporation, on behalf of the corporation. 116wv Vu: 'ic, .inty AMnn. AN wwnmissior bra , 31, 19 ;8 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this a �Uh day of 0&"X V 1978, by WILLIAM C. COLE and KAREN QUADE, Vice President and Banking Officer, respect- ively, of THE FARMERS AND MECHANICS SAVINGS BANK OF MINNEAPOLIS, a Minnesota corporation, on behalf of the corporation. � 1MM�M r SHARON A. SIMMONDS NOTARY PUBLIC-MINNESOTA " SCOTT COUNTY 141y Commission Expires May 2, 1983 r wwvvvwv r =12 1 1302007 CAPIL 7 -Z �/1// OEEICE OF THE REGISTRAR OF TITLES )iENNEPIN COUNTY, WNNUOTA CERTIFIED FILED ON NOV 3 197 �o Y19 REGzISTII" Of T;TLES f.W 13cpLrrf iA B,x -3qg .y LIyi AGREEMENT (Conditions to Parking Variance; Use of Utility Easement) THIS AGREEMENT, made and entered into this 26th day of duly 1978, by and between CITY OF EDINA, a Minnesota municipal corporation [ "City "], and THE FARMERS AND MECHANICS SAVINGS BANK OF MINNEAPOLIS, a Minnesota cor- poration [ "Bank "], with its main office at 90 South Sixth Street, Minneapolis, Minnesota. WITNESSETH, THAT: WHEREAS, Bank is the owner of the property situated in Edina, Hennepin County, Minnesota, described as follows: All of Lot 4,and the easterly 56.44 feet of Lot 3, Block 2, Southdale Office Park Second Addition, according to the recorded map or plat thereof, Hennepin County, Minnesota [ "Subject Property "]; and WHEREAS, the South 55.97 feet of the Subject Property [ "Easement Area "] is subject to certain utility easements -now of record in favor of the City [ "Easements "]; and WHEREAS, the Bank is proposing to convert the present improvements upon the Subject Property into a detached banking facility with four automated drive -in teller lanes on the south side of the present improvements, and in connection with that conversion the Bank desires to construct and maintain certain of its automated teller facilities upon and over the Easement Area and to remove eighteen (18) parking stalls from the Subject Property to accommodate the drive -in teller lanes; and WHEREAS, such removal would reduce the parking stalls to fewer than the number required by City Ordinance No. 811 [ "Zoning Ordinance "], and such use of the Easement Area is not allowed without the City's consent; and WHEREAS, the Bank has applied to the City for a variance allowing the reduction of parking on the Subject Prop- erty by said 18 parking stalls, and has also requested agree- ment of.the City to allow the Bank to construct and maintain certain of said teller facilities upon and over the Easement Area; and WHEREAS, the Board of Appeals and Adjustments of the City [ "Board "], on May 18, 1978 (Case No. B- 78 -15), granted to the Bank a variance allowing reduction of parking on the Subject Property by 18 parking stalls, but subject, however, to the conditions below set out, which variance was granted and such conditions were imposed pursuant to said Zoning Ordinance; and WHEREAS, the City is willing to allow the Bank to reduce said parking and to so use the Easement Area on the terms and conditions hereinafter set out. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set out, and, as to the Bank, in consideration of the variance and the rights in the Easement Area granted to it by the City, the parties hereto do hereby agree as follows: CONDITIONS TO VARIANCE The Bank hereby agrees as follows: 1. If the City Manager, in his sole discretion, shall hereafter determine that the lack of the 18 parking stalls on the Subject Property is causing, adding to, or intensifying any parking problems or traffic congestion on the Subject Property, or on the adjoining streets, -2- then Bank, at its own cost and expense, shall obtain and con- struct a minimum of eighteen (18) additional parking stalls to serve the Subject Property. All such additional parking stalls shall be in a location on the Subject Property, or on other property, and shall be constructed in a manner, that fully complies with all then applicable ordinances of the City, and pursuant to a plan that shall be first reviewed and approved in writing by the City Planning Director. 2. The City Manager shall notify.the Bank of the determination by the City Manager, when made, that the addi- tional parking must be obtained and constructed. Bank shall prepare and submit its plan to the City Planning Director, showing the location and layout of, and manner of construction of,the additional parking within one hundred twenty (120) days after such notice is given, and shall make such changes in its plan as the City Planning Director shall request to conform the plan to applicable ordinances of the City. The Bank shall commence construction of such additional parking stalls within thirty (30) days after the City Planning Director has given his written approval of the Bank's plan, subject to extensions of said period by reason of delays due to weather, labor disputes, material shortages or unavailability of material, unavoidable casualty, acts of God, or other causes beyond the reasonable control of Bank, in which case the 30 -day period shall be ex- tended by a period of time equal to any such delays; provided, that no extension shall be given for any such delay unless written notice of such delay is given to the City within ten (10) days after the commencement of the delay. Once commenced, the construction shall be completed with all due diligence and as soon as possible thereafter. -3- USE OF EASEMENT AREA 3. The City hereby grants to the Bank the right to construct, maintain, and use automated drive -in teller facili- ties on the Easement Area that shall consist of and be limited to (i) four (4) concrete traffic islands of a maximum size of three (31) feet wide by twenty (201) feet long by six '(6 ") inches thick; (ii) four (4) freestanding mechanical tellers; (iii) a canopy over the traffic islands and mechanical tellers, and supported by two (2) frost footings near the southerly mechani- cal teller; (iv) overhead pneumatic tubes installed in said canopy; (v) overhead wiring installed in said canopy; and (vi) bituminous surfacing [all being hereinafter called "Teller Facilities "]. The equipment forming a part of the Teller Facilities shall be contained within an area that has a maxi- mum width of twelve (121) feet and, as to the underground portions thereof, a maximum depth of five (5') feet. 4. The rights hereby granted to Bank are, and always shall be, subject to all rights of the City to occupy, use, maintain, construct, reconstruct, repair, and replace any and all of its pipes, lines, utilities, and other facilities now or hereafter on, over, or under the Easement Area [ "City Facilities "]. The City shall have full access at all times on and over the Easement Area with such personnel and equipment as it deems necessary for the doing of any work it deems necessary to construct, reconstruct., maintain, repair, and replace any or all of the City Facilities [ "City Work "]. The City, in connection with City Work of a nonemergency nature, shall give at least thirty (30) days' notice to the Bank prior to entry by the City upon the Easement Area for the doing of any of the City Work, to allow Bank to protect or remove such of its Teller Facilities as it thinks necessary or desirable. But the City shall have no obligation of any kind to give any notice prior to such entry in cases where any City Work is -4- deemed by the City to be necessary or desirable due to an emer- gency. The Manager of the City shall determine when and if an emergency exists, and such determination of the Manager shall be conclusive and binding on the parties hereto. However, the failure of the City to give such notice, for any reason or cause, including, without limitaiton, emergencies, shall not negate or detract from any of the rights of the City relative to the Easement Area or Teller Facilities, nor impose any obli- gations or liabilities upon the City, nor relieve the Bank from any of its duties and obligations under this Agreement. 5. Prior to construction or reconstruction of, or making any alterations or additions to, any of the Teller Facil- ities, the Bank shall submit detailed construction drawings [ "Drawings "], in form and substance reasonably acceptable to the City, for written approval by the City. No construction, recon- struction, alterations, or additions shall be made or begun until the City has given its written approval of the Drawings submitted, and once approved, the Teller Facilities shall be constructed, reconstructed, altered, or added to only in strict compliance with the Drawings and in full compliance with all applicable ordinances, statutes, rules, and regulations. 6. The Bank shall use all due care in doing any construction, reconstruction, repair, or alteration of, or additions to, the Teller Facilities [ "Bank Work "] to prevent damage to any of the City Facilities and to prevent interrup- tion of service provided by any of the City Facilities. The Bank agrees to report immediately to the City any damage to or interruption of service provided by any of the City Facilities. 7. Any entry by the City upon the Easement Area for the doing of the City Work shall be done in such a manner as to do as little damage as possible to the Teller Facilities; however, it is specifically understood and agreed that the City shall not be liable for, and Bank hereby waives any claim for, damage or injury to any or all of the Teller Facilities, and -5- for damages due to loss of business or interruption of business, resulting from or caused by the City Work, and whether or not caused by the negligence of City, or any of its contractors, subcontractors, employees, agents, or representatives, in doing the City Work. It 'is also understood and agreed that the City may, if it deems necessary, remove or destroy any or all of the Teller Facilities in connection with the doing of any of the City Work, all without liability or obligation to the Bank, or to any other person having or claiming an interest in all or any of the Teller Facilities, for damage to or destruction of any or all of the Teller Facilities, or for loss of business or interruption of business caused by such removal, damage, or destruction. The Bank agrees that the repair or replacement of any of the Teller Facilities that may be damaged, destroyed, or removed by the City in connection with any City Work shall be done at the sole cost and expense of the Bank and without cost or expense of any kind to the City. 8. The Bank agrees that it will indemnify and hold harmless the City from and against any and all loss, cost, damage, and expense, including reasonable attorneys' fees, resulting from or claimed to result from any of the Bank Work or the location, existence, or use of any of the Teller Facilities, including, without limitation, all costs and expenses incurred (i) in repairing any of the City Facilities damaged by the Bank Work; (ii) as extra cost in doing any of the City Work because of the Teller Facilities being located upon or adjacent to the Easement Area, including the cost of removal or destruction of any such Teller Facilities, and such cost as the City may incur in attempting to protect any of the Teller Facilities from damage in connection with the doing of any of the City Work, and (iii) in making any R extraordinary excavations or using extraordinary construction methods in attempting to protect the Teller Pacilities. The Bank further agrees to pay such costs and expenses within ten (10) days after receipt of a statement from the City setting forth such extra cost, and if not paid within said 10 -day period, the amount of such statement shall bear interest at ten (10 %) percent per annum from the end of said 10 -day period until paid, and the Bank also agrees to pay all costs of collection, includ- ing reasonable attorneys' fees, whether suit be brought or not, and interest at ten (10 %) percent per annum on all such costs from the date incurred until paid. GENERAL PROVISIONS 9. If any term, condition, or provision of this agreement, or the application thereof to any person or circum- stance, shall, to any extent, be held to be invalid or unen- forceable, the remainder hereof and the application of such term, provision, and condition to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this agreement, and all the terms, provisions, and conditions hereof, shall, in all other respects, continue to be effective and to be complied with to the full extent permitted by law. 10. All notices, reports, or demands required or permitted to be given under this agreement shall be in writing and shall be deemed to be given when delivered personally to any officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses: -7- To City: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager. To Bank: 90 South Sixth Street Minneapolis, Minnesota 55402 Attention: President Such addresses may be changed by either party upon notice to the other party given as herein provided. 11. In the event that the Bank fails or refuses to fully comply with all of its obligations under this agreement, and such failure or refusal continues for a period of thirty (30) days from and after notice thereof is given to the Bank, then in that event, in addition to any other remedies then available to the City at law or in equity, the City may revoke the variance granted by the Board of Appeals and revoke the rights hereby granted for the use of the Easement Area, and upon such revocation, the Bank agrees to immediately remove all of the Teller Facilities from the Easement Area and to restore the Easement Area to the condition it was in immediately prior to the construction of the Teller Facilities, or to such better condition as it was thereafter placed in by the City, and to reinstall the 18 parking spaces upon the Subject Prop- erty in a location and manner in full compliance with the then applicable ordinances of the City of Edina. 12. The terms and provisions hereof shall be binding upon the parties hereto, and their respective successors and assigns, and shall run with the title to the Subject Property and Easement Area, and be binding upon all present and future owners of the Subject Property and all present and future holders of the rights of the City under the Easements and this agreement. e IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. CITY OF EDI by SAVINGS THE FARMERS AND MECHANICS/BANK OF MINNEAPOLIS r by Its Vice President and Cuekl t Its' Banking Officer THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by: DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY 2300 First National Bank Building Minneapolis, MN 55402 4 i STATE OF MINNESOTA ] COUNTY OF HENNEPIN ] The foregoing instrument was acknowledged before me this ? day of , 1978, by JAMES VAN VALKENBURG and KENNETH E. ROSLAND, Mayor and Manager, respec- tively, of the CITY OF EDINA, a Minnesota municipal corporation, on behalf of the corporation. fU1RENCE 8. HALLBERG Acuxry Public, Hennepin Coun RMrin �t Commission Expires Dec. 311, 15,d STATE OF MINNESOTA } l COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 26th day William C. Cole Vice President respectively, of THE MINNEAPOLIS, a Minne poration. of Jul y , 1978, by and Karen Quade , and Banking Officer FARMERS AND MECHANICS SAVINGS BANK OF rota corporation, on behalf of the cor- -10- xA JANICE M. SCHNEIDER r�. NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Commission Expires June 5, 1982 i('IF1►V�yytltltltltltl tltltltltltllltl'Vtl'�"Pytlyvry/�r t a• c w P � � tiK r � y Z iy "_lam c IT o �z o rn Z "Ti :0 � n 1 V Z m T O 'n m 0 C r Z p ArSrn 0 L' r a• c w P � � tiK r � y Z iy "_lam c IT o �z o rn Z "Ti :0 � n 1 V Z m T O 'n m 0 C r Z p ArSrn 0 a• c w P � � tiK r � y Z "_lam c IT rn 1 V a• c w P � � tiK r � y ATT F-ST DONALD C NNy -FS R .GIST R F TITLES DEPUn By EASEMENT FOR UTILITIES THIS INSMTDIENT, Made this �{ �= day of O�tftA..t 194, by and itu �r �s.� �a �. �� ► Pr+r�f�m►9� and . between 30K , of the County of Hennepin and State of Minnesota, parties of the first part, and the Village of Edina, a municipal corporation of the County of Hennepin and State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in consideration of ONE AND N01100 (1.00) DOLLARS, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell and Convey to said party of the second part an Easement for the purposes herein — after set forth, in and over the following described property situated in the Village of Edina, County of Hennepin and State of Minnesota, to wit: A *tKp at ','Und 00 tW6 in vim rMNIft uravo the sew► t tad) NW*# () Wn% us dentwline draWlbe t as SOUWM# It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction, or maintenance of said utilities, replace the surface after any -excavation,:: in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. The duration of this easement s411 be perpetual. 1r I s • iw R 4 44 514203 .. OFFICE OF REGISTRAR OF TITLES STATF OF MINNESOTA COUNTY OF HENNEPIN 1 hereby certify that the within w-ts filed in "is ct" ' or tr�2 lay o; OGT .. L j U0 'ewe (2EGI51r'cAh GF Tf1LES Qjs D `c;St-YkAR OF WILES DEPU71' RE _. i V' I THIS DOCUMENT IS REGISTERED ANSMER ENTERED 4ENNEPIN COUNrV TAXfbAYtA StA OCT 18 2002 OFRGE OF THE REGISTRAR S .,Q OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON OCT 1.8 2002 EPIprC� 9• DEPUTY 1 REGIST OF TITLE$ DEPUTY NOTICE OF COMPLETION OF PR EDINGS ON VACATION OF PUBLIC STREET RIGHT -OF -WAY (CIRCLE WEST) PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA SCAN^ U� NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on June 4, 2002, adopted a Resolution Vacating the Easement for Public Utilities after public hearing and notice thereof as required by law and after determining it to be in the best interest of the City and of the public that said easement vacation be made, which resolution ordered the vacation of the following described easement for public utility purposes reserving utility right for Excel Energy on Easement Document Nos. 453941 and 514203: 1. That part of the easement for utilities filed as Document No. 453941, which lies within Lots 1 and 2, Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. 2. That part of the easement for utilities filed as Document No. 514203, which lies within Lots 1 and 2, Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. 3. That part of the easement for sanitary sewer filed as Document No. 586307, which lies within Lot 2, Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. 4. That part of the easement for sanitary sewer filed as Document No. 641867, which lies within Lot 2, Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. The time of completion of proceedings and the effective date of said vacation is 4th day of June 2002. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA " "I City Clerk Signed and sworn to b fore me, a Notary Public in and for the State of Minnesota, County of Hennepin, this c, S day of JANE M. TWIM This document was drafted by: �totasr Pueuc - MINNE�iA City of Edina MyCommiuiooExpi"jNL31'=5 Notary Public 4801 West 50th Street Edina, MN 55424 5-9. 97JISC — 64 G: F� C,; MORMOW q3- *44- RETURN TO: First American Title Insurance Company 1900 Midwest Plaza West 801 Nicollet Mall Minneapolis, MN 55402 59 - 9 7,F.S C S I- P�