HomeMy WebLinkAbout1478384449"7
VILLAGE OF EDINA
R 0 A D E A S E M E N T
. '. . ., ..I- I . -6 0
THIS INSTRUMENT, made this ✓ day of , 1970,.
by and between NATIONAL FOOD STORES, INC., a Michigan corporation, herein-
after called National, and the VILLAGE OF EDINA, a municipal corporation
organized under the laws of the State of Minnesota, hereinafter called
Edina;
WITNESSETH, that National does grant to Edina, the perpetual easemeni
for a public road for access from Halifax Avenue, Edina, Minnesota, over
and across those portions of Lots 42 and 43, Auditor's Subdivision Number
172, Hennepin County, Minnesota, described below, to and from the access
opening to level 2W on the West side of the public parking ramp on
property east of the land described below. Description of said easement .
is as follows: (See plot plan attached hereto
That part of Lots 42 and 43, Auditor's Subdivision No. 172, Hennepin
County, Minnesota, described as follows: Commencing at a point in the
North line of the East 60 feet of the South 189.5 feet of said Lot 43,
distant 56.77 feet West of the East line of said Lot 43; thence Southerly
in a straight line, 11.78 feet to the actual point of beginning of the tract
of land to be described, said straight line if extended Southerly would
intersect the South line of said Lot 43 at a point therein distant 53.67
feet West of the Southeast corner thereof; thence Southerly along said straight
line, 20.5 feet; thence at a right angle Westerly to the East line of
Halifax Avenue as now established; thence North along said East line of
Halifax Avenue, 24 feet; thence Easterly to the actual point of beginning.
As consideration herefor, the parties mutually agree as follows:
(i) That on or before July 1, 1971, said easement-area shall be
improved by National at its expense, with a six inch reinforced concrete
surface, all pursuant to plans and specifications to be approved by Edina;
(ii) that Edina shall pay the costs and expenses for maintaining
said easement area and keeping the same in good condition and repair and
free from snow, whether such work be done by Edina or National, and if
done by National, such costs and expenses shall be paid, without interest,
to National by Edina from time to time, but not more often than once every
three months, upon receipt by Edina of evidence reasonably satisfactory to
it of the amount of such costs and expenses, provided, however, that the
obligation of Edina to maintain and repair said easement areA s4 all not
include reconstruction or resurfacing, which, if done, shall be done and
the cost thereof, assessed in the same manner as other public streets; and
- 1 -
` (iii) that in the event National, its successors or assigns, here-
after requires said easement area for the construction of buildings
thereon, then Edina agrees to surrender and extinguish its easement over
said easement area by written release without warranties, upon receipt of
and in exchange for, a duly executed and recordable alternate public road
easement then constructed and improved with like or better materials and
of like or better quality, and of at least the same width, as the ease-
ment then to be released, giving access to the access opening to level
2W on the West side of said parking ramp from Halifax Avenue to the West
or Ring Road to the South of said parking ramp, the exact location of
which alternate public road easement shall be subject to the reasonable
approval of Edina as to the location of openings onto said Halifax Avenue
or Ring Road, as the case may be, the turning radius of all curves in the
proposed alternate easement and the effect of said alternate easement on
the traffic patterns on Halifax Avenue, Ring Road and West 50th Street and
also into and out of said parking ramp.
(iiii) That National hereby reserves the right to use and occupy the
said easement area, and to block the same from the passage of traffic,
from time to time, for the purpose of constructing its building and other
improvements on lands adjacent to the south of said easement area. The
rights reserved in this paragraph shall expire when the building and
other improvements to be constructed by National have been finally
completed, or on July 1, 1971, whichever date first occurs.
IN WITNESS WHEREOF, this instrument has been duly executed by the
parties hereto to be effective as of the day and year first above written.
In Presence of
y r �
STATE DEED TAX DUE HEPE®N,4�ML:
VILLAGE 0 MINA
L%
By Its
Its
NATIONAL FOOD STORES, INC.
- 2 -
C
Y
q
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
On this day of (1,AJ4-- , 1970 before me, a Votary Public
within and for id C unty personal personally appeared (a-
to
and, me personally known, who; being each
by me duly sworn did say that t y are respectively the Major and the.Clerk
of the VILLAGE OF EDINA, the municipal corporation 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( its Village Coun it and said
,�p.�c ,� _� s and �U
acknowledged said instrumenteo be the free act and deed of said corpo tion.
STATE OF y )
SS.
COUNTY OF W�P*)
On this 30t1l day of July_, 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 Presi ent
and the Asst. Secretary of NATIONAL FOOD STORES, INC., the corporation
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 and
R, I. Radpbaugh acknowledged said instrument to be
the free act and deed of said corporation.
Y Cam m ss. T
x,Pircf - S " &7
-3-
FRANCES J. GRIIV�EY
Counts
STATE OF y )
SS.
COUNTY OF W�P*)
On this 30t1l day of July_, 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 Presi ent
and the Asst. Secretary of NATIONAL FOOD STORES, INC., the corporation
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 and
R, I. Radpbaugh acknowledged said instrument to be
the free act and deed of said corporation.
Y Cam m ss. T
x,Pircf - S " &7
-3-
_1
f
f n
CL
Ll }
r 10 M
J —� a
r
L
i 94 }
l
i
/ \oo' 4E ase.yeKL
an
1 i PAriCE1 X - _
_ _:
S C AIt_ E. 1 50`
19 3 57 - - r - • .3
Survey for: National Food Stores, inc. }� >•5 -
i
Description: (Parcel F, Revised) That part of Lot 41, Auditor's Subdivision No, 172, Hennepin t
County, Minnesota described as beginning at a point in North line of said Lot 41, distant 53.57 feet
west if Southeast corner of Lot 43 in said Subdivision; thence East 53.16 feet to the Northeast
corner of said Lot 41; thence South 44 feet along East line of said Lot 41 to Southeast corner
' thereof; thence 'Nest along Soutn line of said Lot 41, a distance of 155.5 feet to a point 145 feet
East of Southwest corner thereof; thence North parallel with West line of said Lot 41 a di Stdnce
of 26.51 feet; thence Southeasterly deflecting to the right 97 040150" a distance of 93 feet;
thence Southeasterly 10.83 feet on a tangential curve to the right, having a radius of 180 feet to
an intersection with a line produced southerly from the point of oeginning to a point in north line
of South 189,5 feet of said Lot 43, distant 56,77 feet west of the East line of said Lot.43; thence
Northerly along the afore- described line , 31.06 feet to the point of beginning, 4369 Sq. Ft, I
t
F
Parcel X That part of the East 60 feet of the South 189.5 feet of tot 43, Auditor's Subdivision j
No. 172, Hennepin County, Minnesota lying westerly of a line drawn from a point in.the South line
of said Lot 43, distant 53.67 feet Vtiest of the Southeast corner thereof to a point in the North
line of the South 189.5 feet of said Lot 43, distant 56.77 feet west of the East line of said Lot 43.
906 Sq. Ft.
We hereby certify that this-is a true and correct representation of ',survey of_the - boundarIes.of }
the land above described and of the location of all bul.loings, if any, thereon and all visible y
_ i
encroachments, if any, from or on said land.
i
Dated this 23rd day of June, 1970,
EGAN, FIELD & NONAK i
S wveyors d
..
�..
w
'
r r
c .,...._... -w
w,.rsaa•,�,.._ .. <.. .
>,..... .<vR
, ... ._
�_.� x.,. _„ ,... ,_.. ,. .
_. � __ �, x.,,_.. .�...�...... __.w .... .�.v
., ,. k,_
,,.w ..
..v� >, .. .._ _
_1
f
f n
CL
Ll }
r 10 M
J —� a
r
L
i 94 }
l
i
/ \oo' 4E ase.yeKL
an
1 i PAriCE1 X - _
_ _:
S C AIt_ E. 1 50`
19 3 57 - - r - • .3
Survey for: National Food Stores, inc. }� >•5 -
i
Description: (Parcel F, Revised) That part of Lot 41, Auditor's Subdivision No, 172, Hennepin t
County, Minnesota described as beginning at a point in North line of said Lot 41, distant 53.57 feet
west if Southeast corner of Lot 43 in said Subdivision; thence East 53.16 feet to the Northeast
corner of said Lot 41; thence South 44 feet along East line of said Lot 41 to Southeast corner
' thereof; thence 'Nest along Soutn line of said Lot 41, a distance of 155.5 feet to a point 145 feet
East of Southwest corner thereof; thence North parallel with West line of said Lot 41 a di Stdnce
of 26.51 feet; thence Southeasterly deflecting to the right 97 040150" a distance of 93 feet;
thence Southeasterly 10.83 feet on a tangential curve to the right, having a radius of 180 feet to
an intersection with a line produced southerly from the point of oeginning to a point in north line
of South 189,5 feet of said Lot 43, distant 56,77 feet west of the East line of said Lot.43; thence
Northerly along the afore- described line , 31.06 feet to the point of beginning, 4369 Sq. Ft, I
t
F
Parcel X That part of the East 60 feet of the South 189.5 feet of tot 43, Auditor's Subdivision j
No. 172, Hennepin County, Minnesota lying westerly of a line drawn from a point in.the South line
of said Lot 43, distant 53.67 feet Vtiest of the Southeast corner thereof to a point in the North
line of the South 189.5 feet of said Lot 43, distant 56.77 feet west of the East line of said Lot 43.
906 Sq. Ft.
We hereby certify that this-is a true and correct representation of ',survey of_the - boundarIes.of }
the land above described and of the location of all bul.loings, if any, thereon and all visible y
_ i
encroachments, if any, from or on said land.
i
Dated this 23rd day of June, 1970,
EGAN, FIELD & NONAK i
S wveyors d
a.
>, ! 3 4449`7
SEP-2 -70 9
r
bFFICE OF REG13TF-i,(,JF�.) -.,E
STATE OF WNN -4 TA
COUNTY OF HENNERHA
I Pereby certify that -the, wit4in ire4fuMgd
Was filed for record in this office on
kg da of gf: A. D. '1970 pt�
o'cloc� and was duly recorded in boolii
toof Hennepin County Records
' page 3844497
RMISTER OF DRADS
By
� DfiPYTY REOIYTER OP DEEq�
TRANSFER ENTcRED
SEP, 2 1970
`GEORGE B. HICKEY, AUDITOR
ELM , Y MINN.
• 8Y DEPUTY