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Home My WebLink About1477r » N �: 2 3844496 CROSS EASEMENT AGREEMENT THIS ACREEME,IT, made and entered into this Q CL day of , 1970, by and between VILLAGE OF EDINA, a Minnesota municipal corporation, (hereinafter called "Edina "), and NATIONAL FOOD STORES, INC., a Michigan corporation, (hereinafter called "National "); WITNESSETH, THAT: WHEREAS, National is the owner of tracts of land in the Village of Edina, described as follows, to -wit: That part of lot 43, Auditor's Subdivision Number 172, Hennepin'County, Minnesota described as follows: Begin- ning at a point in the South line of said Lot 43, distant 53.67 feet West of the Southeast corner thereof; thence West along the South line of said Lot 43, a distance of 6.33 feet, more or less, to the East line of the West 160 feet of said Lot 43; thence North along the East line of the West 160 feet of said Lot 43, to its intersection with a line drawn parallel with the South line of said Lot 43 and 189.5 feet North thereof; thence East along said line parallel with the South line of said Lot 43 to a point on said parallel line 56.77 feet West of the point of intersection of said parallel line with the East line of said Lot 43, when measured along said parallel line; thence Southerly to the point of beginning. Also, that part of Lot 41, said Auditor's Subdivision Number 172, Hennepin County, Minnesota, lying West of the Southerly extension of the East line of the above described tract, and North of Ring Road. All according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, (both of the above tracts being hereinafter called the "National Tract "). WHEREAS, Edina owns that part of the South 189.5 feet of said Lot 43 and that part of said Lot 41, both in Auditor's Subdivision Number 172, Hennepin County, Minnesota, lying immediately East of the National Tract (hereinafter called the "Edina Tract "); and WHEREAS, there is about to be constructed on the National Tract, and other land, a supermarket building and there is now constructed upon the Edina Tract, and other land, a parking ramp, the footings of which super- market building will adjoin and abut the East line of the National Tract "AXES PAYABLE IN ON WITHIN DESCRIBED PROPERTY ARE PAID, CONDITIONAL RECEIPT. 'SSLJED. 0 ' TREAS. I'SE:mj 6/25/70 . and the footings of which parking ramp building also adjoin and abut the East line of the National Tract, and leaving a space between the East wall of the supermarket buildingrand the West wall of the parking ramp of approx- imately two feet in width (said space between said building and parking ramp being hereinafter called the "Easement Area "); and WHEREAS, Edina and National desire to enter into this agreement to provide for mutual cross easements for the purpose of maintaining their respective buildings and the Easement Area between them, all on the terms and conditions hereinafter set out. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter contained, National and Edina do hereby agree as follows: 1. Both National and Edina shall have, and each hereby grants to the other, perpetually the full and free liberty and privilege to enter upon all or any part of the Easement Area for the purpose of maintaining, repair- ing and reconstructing the footings and walls of their respective build- ings on their respective properties, and to enlarge and add to the build- ings on their respective properties and to do such work on and in con- nection with the footings, foundations and walls of their respective buildings as may be necessary in connection therewith, and to demolish and remove their respective buildings in whole or in part and construct other improvements in place thereof and to use the existing or new footings and foundations for such present or future improvements and to do such other work on said Easement Area as may be necessary in connection with such maintenance, repair, demolition, removal and reconstruction. 2. That said Easement Area shall be blacktopped so as to drain surface water to the South, shall be fenced or blocked off by a means mutually acceptable to both parties, and shall be maintained and kept in a neat and clean condition and good state of repair, all at the joint expense of the parties hereto, each paying one -half thereof. Either -2- TS party shall have the right to do such blacktopping, fencing or blocking, and such maintenance, and the other shall pay its one -half within ten (10) days of receipt of written request for payment, and if not paid within said ten (10) day period, said one -half shall bear interest at the rate of eight percent (8%) per annum and collection thereof may be enforced by such remedies as may then be available to the party to whom such sum is owed, both at law and in equity. 3. Each of the parties hereto agrees to indemnify and hold harmless the other from any and all costs and expenses due to damage to persons or property occurring on or about said Easement Area and due to the act or neglect of said party, its agents, employees or representatives. 4. This agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns and shall be deemed covenants running with the said National Tract and Edina tract. IN WITNESS WHEREOF, this instrument has been duly executed by the parties hereto the day and year first above written. In Presence of: V GE OF EDINA BY Its And Its NATIONAL FOOD STORES, By. And STATE DEED TAX DUE HEREON 0416e STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) ' g j a-T % !, .r INC?,:; a On this -�% _`' day of 1970, before me, a Notary Pub c within and or said County, p sonally appeared G =�� andt( to me personally known, who, being each by me duly sworn did say th# they are respectively the -3- a ate, 4 TSE' :nt,J 6/-ZS/70 and the l/ c & of VILLAGE OF EDINA, the municipal corporation named in the fz regoing instrument, and that the seal affixed to said instru- ment is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Village Council and said &-a 41 61 , ; and �,ia� acknowledged said instrument to be the free act hd deed of said corpora- tion. FRMCEB J. CR STATE OF +tr1MEStgA) 601 ) SS. COUNTY OF REMMfPi ) Oak , Mi, On this _30th day of Jul v , 1970, before me, a Notary Public within and for said County, personally appeared W, B. Thomas and R_ J_ Radebaugh to me personally known, who, being each by me duly sworn did say that they are respectively the Vice President and the Ass t, Secretary of NATIONAL FOOD STORES, INC., one of the corporations named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said W. B. Thomas �y R. J. Radebaugh acknowledged said instrument to be the free a tndr�:�4 deed of said corporation. ✓ �: "ter This instrumsenf v: as dlrarted by Dorsey, MQrc,uart, Wo_- -t & F{alladay 2400 1st Na!t _cml'j Ga7k Bldg. c Mi�ncapc i• �s, Mir i scta 5540 -4- c i � w AP-2-70 4 4 9 6 004-00-1-3 A --------------------- OF REGISTER OF -UEE13S STATE OF MINNESOTA COUNTY OF 114*t-*tt-1-1m -hereby ce ^14hat the within JmstruFn,-q ,Was filed for record in this office on d0 f SEP A. D. 1970 -4 o'cloCV M., and was duly recorded in book 'ffi V Hennemn count Records page 384449d RE1616TER qP 0=08 -BY DEPUTY REGISTER air DEEDS TRANSF:L-rk ENTIBED SEP, 2 1970 GEORGE B. HICKEY, AUDITOR &V /r NTY, MINN. C