HomeMy WebLinkAbout1638November 3, 1972
Yr. Jarl Dalen
Finance Director
City of Edina
Edina, Minnesota 55435
Dear I-Ir. Jarl Dalen:
Enclosed is an executed copy of the easement and
free passage agreement for the property located
at 6803 fork Avenue South, Edina, Minnesota 55435.
Thank you for your cooperation on this matter.
Sincerly,
Lee Larson
enc.
LL :dc
THIS AGREEMENT, made and entered into this 6th day of
July , 1972 by and between NORTHWESTERN NATIONAL
LIFE INSURANCE COMPANt, a Minnesota corporation, (hereinafter
called "Northwestern "), the VILLAGE OF EDINA, a Minnesota muni-
cipal corporation, (hereinafter called "Edina "), and TITUS
INC., a Minnesota.corporation, (hereinafter called "Titus ");
WITNESSETH:
WHEREAS, the parties hereto have previously entered into
an easement and free passage agreement dated January 4, 1972 ,
which agreement was recorded in the office of the Hennepin
County Registrar of Titles on the 9th day of March, 1972 ,
as Document No. 1024734 ; and
WHEREAS, Titus has acquired the property adjoining the
Northwestern tract on the south and the Edina tract on the waa`s'�t
and legally described in Exhibit "A" attached hereto (herein-
after called the "New Titus Tract "), upon which Titus intends
to construct a retail store and appurtenant parking facility;
and
WHEREAS, it is the parties desire and intent to amend the
easement and free passage agreement to include the New Titus
Tract.
NOW, THEREFORE, in consideration of the covenants and agree-
ments herein made and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by each
of the parties hereto, the parties hereto agree as follows:
1. That neither Northwestern, Edina nor Titus shall con-
i
d>
struct or maintain, at any time, on the common boundary between,
the properties any fence, wall or like barrier which impedes or
obstructs the free passage of pedestrians or vehicles between
the various tracts, provided, however, that the parties may erect
such temporary barricades as may be necessary from time to time
in connection with construction of buildings and other improve-
ments upon their respective tracts and that buildings and like
improvements on their respective tracts shall not be prohibited
by the foregoing provisions of this paragraph.
2. Each party agrees that the easements granted in para-
graphs 4 and 5 of the easement and free passage agreement shall
include the New Titus Tract and its respective Benefited Parties
and likewise Titus grants to Northwestern and Edina a non- exclu-
sive easement for parking and pedestrian purposes as provided
in paragraph 5 thereof.
3. The easement .and free passage agreement except as herein
amended, shall remain valid and subsisting and shall apply to
the New Titus Tract.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be duly executed the day and year first above
written.
IN PRESENCE OF: NORTHWESTERN NATIONAL LIFE INSURANCE CO.
v
r
i
Its B. M. F051rr Vice Presider) , , ,
VILLA OF EDINA
Its
TITUS, INC.
By
9ts
ue,
-2- c .��
i
F
STATE OF MINNESOTA )
.) ss.
COUNTY OF mx_l v
On this L/t/ day of 1972, before me, a No-
tary v „h_i ��; t�jj n -anti .for said County, personally appeared
ah, U to me personally gown, ,
being by me duly sworn did say that he is the
of NORTIR7ESTERN NATIONAL LIFE INSURANCE COMPANY ,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
corporationnb'y__au1-1:�orjjty of its Board of Directors and said
acknowledged said instrument to be
the free act and deed of said corporation.
ota y Public Notary Public, Henmri aunty, M'nn
My Cvmmbsion F-SpireqjAumy 26,1978
STATE OF MINNESOTA )
ss:
COUNTY OF )
On this Ae`�- day of 1972, before me, a
Notary P blic within and for aid County, personally appeared
,_.d, v to me personally-known, who, being
by - Zee -- duly- -sworn dial say aC�-hej &sA-the
of the VILLAGE OF EDINA, the municipal corporation name_ in the
foregoing instrument, and that the seal affixed to said instru-
ment is the corporate seal of said corporation, and that said in-
strument was signed and sealed in behalf of said corporation by
authority of its Village Council and said''
acknowledged said instrument to be the free a t and deed of said
.
cor oration
P , AR ENE D, WEST
NOTARY PUBLIC . Pv11i,k'\10TA
Luii HENNEPIi'J COUN "[Y :•: .... P+i COmri, sia fv.,;• - 77.
!f Notary Publics °4v'"�fsv�rvvvvwvv i
STATE OF MINNESOTA )
ss.
COUNTY OF )-"
On this ,�(� day of , 1972, before me, a
Notary Public w thin-and for s d C nty, personally appeared
to lie p son 34y known, who, being
by me duly sworn did s y that he is the �.
of TITUS, INC., the c poration named in the oregoing instru-
ment, and that the seal affixed to said instrument is the cor-
porate 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 acknowl-
edged said instrument to be the free act and.deed of s d cor-
poration.
of
aNy NANCY L. JOHNSON
NOTARY PUBLIC — MINNESOTA
HENNEPIN COUNTY
— 3- Commission Expires Mar. 20, 1979
v
To Amendment to Easement and Free Passage Agreement Between
Northwestern National Life Insurance Company, the Village
of Edina and Titus, Inc.
The undersigned, mortgagee of the Titus Tract as described
in the Easement and Free Passage Agreement, as evidenced by Docu-
ment No. 1012440, Files of the Registrar of Titles, Hennepin
County, Minnesota, hereby joins in the Amendment to the Easement
and Free Passage Agreement for the purpose of agreeing to be
bound, and it does hereby agree to be bound, by the terms and
conditions of said agreement.
Dated: -
In Presence Of:
ERN NATIONAL BANK SOUTHWEST
STATE OF MINNESOTA )
) ss•
COUNTY OF HENNEPIN )
NORTHWEST
By �z t1�'
I
By
On this day of E 1972, before me, a
No a y Pub ' c withi , and for sa Count_ ersonally ap?�eared
} ... I� an � ?, to me
personally known, who, bein ach y me duly swornandd ay •t�
thy are respectively the h� d1 �p
zL of N01D, HTIESTERN N%�TIONAL BANK SOUTHVIEST, the
association named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said associa-
tion, and that said instrument was signed and sealed in behalf of
s 'd associatior> by authority o i,s Boa d f Directors and said
�et �to and acle ged�said instrumn be the free act and deed of sa,i�,aSsoc`
iation.
Notar ublic
BETTY F HO'LS vENt.` ..7!
Notary Public, Hennepirir
My Commission Expires Mat'_Jl, 579.
CONSENT
To Amendment to Easement and Free. Passage Agreement Between
Northwestern National Life Insurance Company, the Village of
Edina and Titus, Inc.
The undersigned, holder of a right'of first refusal on the
Northwestern Tract as described in the Easement and Free Passage
Agreement as evidenced by Document No. 897024, Files of the
Registrar of Titles, Hennepin County, Minnesota, and of certain
rights and restrictions on the Northwestern Tract, the Edina Tract
and the Titus Tract, as described in said Easement and Free Pas-
sage Agreement, as evidenced by Document Numbers-868602, 995935
and 1012439, respectively, hereby consents-to the granting of
the easements and rights set out in the attached Amendment To
Easement and Free Pass //age Agreement.
Dated: a & aZ
I47Presence of: YTO DEVELOP M T COMPANY
Its
.STATE OF MINNESOTA )
_
) ss.
COUNTY OF HENNEPIN.}
On this
day of 1972, before me, a
Notary Public
and fo said County, p rs nally appeared
/�,;ithin
and
e personally
known, who, being each by me duly sworn, did say
that they are
respectively the . . . . ' . and
f DAYTON DEVELOPMENT COMPANY, the
corporation named in the f regoing instrument, and that the•seal
affixed to said
instrument is the corporate seal of said cor-
poration, and
that said instrument was signed and sealed-in be-
half of said;
corporation by authority -of its oard of Directors
and said 4k ? '
" , 11 Y, 'C,l and
acknowledge'-
said instrument to be the free act and d,tp�ek of'said
,
corporation.
Notary Public
Notary
y
CONSENT OF LESSEE
To Amendment to Easement and Free Passage Agreement Between
Northwestern National Life Insurance Company, the Village of
Edina and Titus, Inc.
The undersigned, lessee of the "New Titus Tract", as des-
cribed in the Amendment to the Easement and Free Passage Agree-
ment to which this consent is attached, hereby joins in said
amendment for the purpose of agreeing to.be bound, and does
hereby agree to be bound, by the terms and conditions of said
amendment and said Easement and Free Passage Agreement.
Dated: �►
In Presence 'of :
.STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
this � day of �..... 1972, before me, a
On
Notary Public within and for said County, p ersonally appeared
and �CIVtI./r%-'`7' to
me personally }mown, who, being each by me duly sworn, did and
that they are respectively the �P i ti i 4'
PROS i DG of TWIN CITY FLOORS, INC., the cor-
po ation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said cor-
poration, and that said instrument was signed and sealed in behalf
of said co oration by authority of its Board of Directors and
said . (�i iy fZ� z5 I Cr �1% and... I
acknowledged said instrument to be the free act and deed of said
corporation.
Notary Pub1Z HARRIETTE M. DIBBS
Notary Public, Hennepin County, Minn.
my Commission Expires May 10, 1974.
1.
y
'CONSENT OF LESSEE
To Amendment to Easement and Free Passage Agreement Between
Northwestern National Life Insurance Company, the Village of
Edina and Titus, Inc.
The undersigned, lessee•of. the Northwestern Tract as des-
cribed in the Easement and Free Passage Agreement, hereby joins
in said Amendment to 'Easement and Free Passage Agreement for the
purpose of agreeing to be bound, and it does hereby agree to be
bound, by the terms and conditions of said agreement.
Dated:_ •
In Presenc f: RED OWL STORES, INC.
--, By
It
�ll.0 By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIt1 )
On this ' day of 1972, before me, a
Public �a tnin and fo sai County, personally appeared
Notary to
an me duly sworn , did say
m personal krio «n, cvho, being e.'r" y
th`�t ifhey` 9 respectively the _ a <, and '
of RED OWL STORES, NC., 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 sai orpor•-
a n by authority of its Board of Directors and said a nowledged
_.. and.........
said instrument to be the free act and
If: eed of said co oration. P.
NANCY. L. JOHNSON
u NOTARY PUBLIC --MINNESOTA
HENNEPIN COUNTY
My Commission Expires Mar. 20, 1979
w r
EXHIBIT "A"
All that part of Tract F, Registered Land Survey No. 629 ,
Files of Registrar of Titles, County of Hennepin lying South of
a line drawn parallel with and 40 feet South of as measured at
right angles to the South line of vacated West 68th Street as
dedicated in the plat of "York Terrace" and its Westerly exten-
sion and lying Northerly of a line drawn parallel with and 140
feet.South of as measured at right angles to said South line of
vacated West 68th Street and its Westerly extension except the
Westerly 270 feet thereof.
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1638