HomeMy WebLinkAbout1621EASEMENT AND AGREEMENT
THIS INSTRUMENT, made this day of 1 1
,1_ Y , 97 , by
NINE MILE VILLAGE, a limited partnership, and THE FIRST NATIONAL BANK OF
SAINT PAUL, a United States Corporation, (hereinafter called "Bank ",),
parties of the first part, and VILLAGE OF EDINA, a Minnesota municipal
corporation, (hereinafter called "Edina "�, party of the second part;
W[DMEAS, Nine Mile Village is the owner of all of the lots in the
plat of Nine Mile Village in the Village of Edina, according to the recorded
plat thereof, Hennepin County, Minnesota, and the Bank is the holder of a
mortgage on all of said lots in the plat of Nine Mile Village; and
WHEREAS, in connection with the development of said plat of
Nine Mile Village, Edina has requested, and parties of the first part have
agreed to give, the easements and agreements herein contained.
NOW, THEREFORE, for and in consideration of One Dollar ($1.00)
and other good and valuable consideration to each of the parties in hand
paid, the receipt and sufficiency of which is hereby acknowledged by all
parties, the.parties hereto do hereby agree as follows:
1. The parties of the first part do hereby Grant, Bargain, Sell,
Convey and Warrant to said party of the second part an easement in perpetuity
for all utility and drainage purposes including, but not being limited to,
sanitary sewer, storm sewer and water pipes, including the right to enter for
the purpose of constructing, maintaining, altering, repairing and reconstructing
said utility and drainage systems in, under and upon the lots in said plat
of.Nine Mile Village, described on Exhibit A attached hereto and hereby made
a part thereof, according to the recorded plat thereof, Hennepin County,
Minnesota, and also including, but not being limited to, the right to enter
upon said lots described on said Exhibit A to shut off water service and to remove
shrubs, sod and trees and to open up and excavate under any parking lot, driveway
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or private street then on said lots in connection with the exercise of any
rights hereby granted. It is the intention and agreement of the parties hereto
that the party of the second part, in connection with the exercise of any of
its rights hereby granted, shall replace any shrubs or sod which are or is removed,
and repair any such parking lot, driveway or private street to as nearly as possible
the same condition it was in before such exercise. It is understood and
agreed, however, that Edina shall not have any obligation to construct or
maintain any storm sewer or drainage system under, or upon, or serving, the
property platted as Nine Mile Village, such obligation to construct and maintain
a storm sewer and drainage system, including all pipes and ponds related
thereto, being that of Nine Mile Village and the Association.
2. It-is understood and agreed that Edina may levy taxes and special
assessments against the lots described on said Exhibit At and also against
Lot 1, Block 22, said plat of Nine Mile Village, pursuant to its normal taxing
and assessment procedures, or may, at the discretion of Edina, from time to time,
divide the taxes and special assessments that would otherwise be levied against
the lots described on said Exhibit A and said Lot 1, Block 22, among the
other lots in said plat of Nine Mile Village and levy such taxes and assessments
in equal amounts against said other lots. It is further.understood and agreed
that if, for any reason, any taxes or special assessments levied against lots
or said Lot 1, Block 22
described in said Exhibit A� are not paid when due and become delinquent, such
delinquency shall be deemed a delinquency as to all of the lots described on
said Exhibit A, said Lot 1, Block 229 and all of the other lots in said plat
of Nine Mile Village,in an amount equal to the total of all such delinquent
taxes and assessments and all interest, costs and penalties charged due to
such delinquency, enforceable, in the same manner as other delinquent real
estate taxes, against all of the lots described in said Exhibit A. said Lot 1,
Block 22 and all of the other lots in said plat of Nine Mile Village.
3. It is understood and agreed that the road beginning at the
intersection of Olinger Boulevard and extending Southerly and Southwesterly to the
Northwesterly line,of said plat of Nine Mile Village, and described as followa:
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An easement for roadway purposes lying within Government
�dX \ Lot 1, Section 59 Township 116, Range 21 and the South-
west one - quarter (SW 1/4), Section 32, Township 1179
net Range 21 and being eighteen (181) feet each side of the
following described centerline commencing at a point on
the East line of Government Lot 1, distant thirty -three
(33') feet South from the Northeast corner of said Gov -
ernment Lot 1; thence North 88 degrees, 57 minutes, 55 '
seconds West parallel with said North line, a distance
of 265.00 feet; /thence Southwesterly along a tangential
curve to the left, having a radius of 200.00 feet and a
central angle of 41 degrees, 39 minutes, 40 seconds, a
distance of 145.42 feet to the point of beginning of said
centerline of roadway; thence Northeasterly along a curve
to the right (having a radius of 124.86 feet, delta angle.
of 31 degrees, 50 minutes, 38 seconds and a chord bearing
of North 43 degrees, 26 minutes, 19 seconds East), a dis-
tance of 69.39 feet to the South right -of -way line of
West Sixty- Second Street; thence continuing on the same
curve (having a radius of 124.86 feet, delta angle of 31
degrees, 40 minutes, 27 seconds and a chord bearing of
North 75 degrees, 11 minutes, 52 seconds East), a dis -
tance'of 69.02 feet; thence South 88 degrees, 57 minutes,
55 seconds Eas�t tangent to said curve, a distance of
102.96 feet;/thence Northeasterly along a curve to the
left (having a radius of 89.77 feet, delta angle of 32
degrees, 54 minutes, 23 seconds and a chord bearing of
North 74 degrees, 34 minutes, 52 seconds East), a dis -
tance of 51.55 feet to the North line of Government Lot
1, Section 5, Township 117, Range 21 (said point being
134.43 feet West of the Northeast corner of said Govern-
ment Lot 1 and on the centerline of West Sixty- Second
Street); thence continuing into the North half of West
Sixty- Second Street on the same curve (having a radius
of 89.77 feet, delta angle of 20 degrees, 01 minutes, 39
seconds and a chord bearing of North 48 degrees, 06 min-
utes, 55 seconds East), a distance of 31,38 feet to the
Southwesterly right -of -way line of Olinger Boulevard as
presently located and there terminating.
Also that part of Government Lot 1, Section 5, Township
116, Range 21 described as commencing at a point on the
East line of said Government Lot 1 distant thirty -three
(331) feet South from the Northeast corner of said Gov-
ernment Lot 1; thence North 88 degrees, 57 minutes, 55
seconds West parallel with said North line, a distance
of 265.00 feet; thence Southwesterly along a tangential
curve to the left, having a radius of 200.00 feet and a
central angle of 41 degrees, 39 minutes, 40 seconds, a
distance of 145.42 feet to the point of beginning; thence
continuing on the same curve having a radius of 200.00
feet and a central angle of 12 degrees, 29 minutes, 40
seconds, a distance of 43.61 feet; thence Northeasterly
along a curve to the right (having a radius of 142.86
feet, delta angle of 17 degrees, 03 minutes, 54 seconds
and a chord bearing of North 18 degrees, 59 minutes East),
a distance of 42.55 feet; thence South 62 degrees, 29 min-
utes East, a distance of eighteen (181) feet to the point
of beginning.
is a public road and shall be constructed and maintained by Nine Mile Village..
and by any association of homeowners (hereinbefore and hereinafter called the
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"Association ") now or hereafter formed or created in connection with the townhouse
development in the property in the Village of Edina platted as Nine Mile
Village. Said construction shall be done pursuant to plans and specifications
approved by, and under the supervision of, Edina, and such maintenance shall
include, but not be limited to, snow removal and shall be done and made
pursuant to and in accordance with Edina's standards for public streets. Nine
Mile Village and said Association shall also landscape the area between the Northerly
line of said plat of Nine Mile Village and the improved road now or, hereafter
existing on the above described strip and maintain such landscaping. The land-
scaping shall be done pursuant to plans approved by, and under the supervision.
of Edina, and the maintenance of the landscaping shall be done and made to the
reasonable satisfaction of Edina. If any such construction or maintenance is
not done as herein required, then Edina may do the same and the cost thereof,
with interest at the rate then charged by Edina in connection with other
special assessments, may be levied by Edina against the lots in said plat of
Nine Mile Village, other than those described in Exhibit A attached hereto, and
other than said Lot 1, Block 22, in equal amounts, in the same manner as, a
special assessment, but without any notice whatsoever being,required, to be paid
in full with the real estate taxes becoming payable in the calendar year next
following,the year such costs are so levied, and such assessments shall be a
lien against said lots to the same extent as real estate taxes and enforceable in
the same manner that payment of delinquent real estate taxes is enforced. It
is further agreed, however, anything herein to the contrary notwithstanding
that Edina has and shall have the right, at anytime, without liability to Nine
Mile Village, the Association, Bank or their successors or assignees to extend
or have extended said public road so as to permit public use and access to
properties other than that platted as Nino Mile Village, or to use all or any
part of such landscaped area for any purpose desired by Edina, and upon
Edina extending and using said public road or taking physical, continuous
possession of all or any part of said landscaped area, then Edina shall
execute a release, releasing Nine Mile Village and the Association from
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such maintenance obligations as to those parts of the road and landscaped
area so used and taken by Edina, and upon the filing for record of such
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release, the obligation of Nine Mile Village and the Association to maintain
such portion of said road and landscaped area shall thereupon cease, j
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4. Nine Mile Village and Bank further agree that no trees shall
be planted on any of the lots described in Exhibit A without the prior
written consent of Edina. The purpose of this covenant is to prevent
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location of trees so as to hamper, hinder or increase the costs of'
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construction and maintenance of utilities located in, under and upon the
lots described in said Exhibit A.
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5. The agreements and provisions of this Easement and Agreement
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shall be deemed covenants running with the land and shall bind all present and
future owners and encumbrancers of lots is said plat of Nine Mile Village, �II
6. Execution of this agreement by First National Bank of Saint
Paul, as mortgagee is given to acknowledge consent without obligation to
perform any responsibilities created by this agreement. Ij
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This instrument is exempt from State Deed Tax.
IN WITNESS WHEREOF, the parties hereby have caused this instru-
ment to be duly.executed the day and year first above written.
In Presence of:
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corporate
STATE OF MINNESOTA
SS,
COUNTY OF RAMSEY
Nine Mile Village, a limited partnership
Harold B. Dokmo, Jr /
a general par
The First National Bank o Saint Paul
By ��
Its/ V I C f''e A-S,
Vi
By
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On this ,5th day of October , 1971, before me a notary public
within and for said County, personally appeared HAROLD B. DOIGIO, JR., to me
personally known, who, being by me duly sworn, did say that he is a general
partner of Nine Mile Village, a limited partnership, named in the foregoing
instrument; and that said instrument was signed on behalf of said limited
partnership by authority of its partners; and said HAROLD B. DORMO, JR.
acknowledged said instrument to be the free act and deed of said limited
partnership.
JOHN D. McDONALD
STATE OF MINNESOTA Notary Public, Ramsey County, Minn.
SS. My Commission Expires May 12, 1977.
COUNTY OF RAMSEY
On this 5th day of October , 1971, before me a notary public ti
within and for said County personally appeared E. J. Welsch and
Fred Horsmann,,dr. to me personally known, who, being each by me duly
sworn did say that they are respectively the Vice Pres. and the Real Officer
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of THE FIRST NATIONAL BANK OF SAINT PAUL, an association named'in the fore-
going instrument, and that the seal affixed to said instrument is the seal
of said association, and that said instrument was signed and sealed in behalf
of said association by authority of its Board of Directors and said
E. J. Welsch and FredHorsmann. Jr. acknowledged- said
instrument to be the free act and deed of said association.
2z r
R. J. HAUa
Notary Public, Dakota County, Minn.
STATE OF MINNESOTA My Commission Expires Jan. 16, 1916
SS.
COUNTY OF HENNEPIN
On this 0'6� day of —X r, 1 971/, before me a notary public
within and for said County personally appeared GL Zc�s ���`� ,� and r
to me personally known, who, being each by me duly
sworn did say that they are respectively the y,.. �. and the
of the VILLAGE OF EDINA, a muAicipal corporation named y
in the f egoing 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 Village Council
and said _ 1� emu, and _/1� <� « cam acknowledged
said instrumen- to be the free act and deed of said association.
/ VONICE LOGEFEIL' t'
s Notary Public, Hennepin County, Mimi.
My Commission Expires Apr. 6. 1978.
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EXHIBIT A
Lot No.
Block c k No_
Addition
5
1,
Nine Mile Village
ti
6
2
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5
n
7
4
If n it f
7
5' `
to of It
6
n of n
i5
5
7
I
It n n'
i
7
8
If it
7
9
n u u f
5
10
4
11
n n n
4
12
to If it
.5
13
n n n
i
6
14;
If n it
F
6
15
It If n
5
16
i
6
17
n n n
5
18
n n n
5
19
u n n
Y
8
20
n n n
4
21
1
23
n a n