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HomeMy WebLinkAbout2035e EASEMENT AND LICENSE AGREEMENT THIS INDENTURE, Made this �T day of , 1976, between THE STANCHFIELD CORPORATION, a Minnesota corporation (herein called "Grantor "), and the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota (herein called "Grantee "), WITNESSETH, That Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, Convey and Warrant unto Grantee, its successors and assigns, Forever, a permanent easement over, under and across a tract of land situated in the City of Edina, Hennepin County, Minnesota, legally described on Exhibit A attached hereto and hereby-made a part hereof (hereinafter called the "Easement Area "), for the following purposes: 1. A public walkway; 2. Construction, reconstruction, alteration, maintenance, and repair of a walkway, a roof over such walkway, a lighting system, signs of a public nature, and a drainage system, on, under, over and along the Easement Area; and 3. -Construction, reconstruction, alteration, maintenance, and repair of such structures and improvements on, under, over or along the Easement Area that Grantee deems necessary or desirable to accomplish any one or more of the purposes of this easement. Grantor, for Grantor and Grantor's successors and assigns, for the foregoing considerations, further agrees with respect to the Easement Area as-follows: A. That no improvements or signs of any kind shall be constructed by Grantor, its successors or assigns, on or over all or any part of the Easement Area, or on any buildings abutting or adjoining the Easement Area, without, in each instance, first receiving the prior written consent of Grantee, its successors or assigns, and any signs now on or over the Easement Area or on such buildings shall be removed by Grantor upon written request made by Grantee, its successors or assigns. The Grantor shall have free use of all doors and windows facing the easement area and the Grantee shall replace any signs removed for the purpose indicated in numbers 1, 2 and 3, above. STAIE DEED TAX DUE REIN IIr' $. 'That no goods, equipment, refuse, garbage, or.property or material of any nature, kind, or description shall be kept, stored or placed on the Easement Area, temporarily or permanently, except such as may belong to or be under the control of Grantee, and then only if used or usable for one or more of the purposes for which this easement is given. C. That any improvements constructed by Grantor, with the consent of Grantee, when and if constructed, shall be maintained by Grantor and Grantor's successors and assigns, at Grantor's and their own cost and expense, at all times in a neat, clean and safe condition and in good state of repair. D. That Grantor does hereby, for Grantor and Grantor's successors and assigns, remise, release, acquit, and forever discharge Grantee, its successors and assigns, and any and all of its officers and employees, of and from any and all claims, demands, or causes-of action of any kind or nature whatsoever that may arise or accrue by virtue of any entry upon or use of the Easement Area for any one or more of the purposes of this easement. E. That Grantor is well seized in fee of the Easement Area, has good right to sell and convey the same in the manner and form hereby done, and that the same is free from all encumbrances. GRANTOR, FOR THE FOREGOING CONSIDERATIONS, does hereby further grant, bargain, sell, convey, and warrant unto Grantee, its successors and assigns, the sole and exclusive right and license to use the walls of any of the_buiid- ings (the "Buildings ") presently situated on the property described on Exhibit B attached hereto and hereby made a part hereof that abut or adjoin the Easement Area to the extent deemed necessary or desirable by Grantee for the following purposes: (a) Installing, reinstalling, maintaining, repairing and altering signs of a public nature, and a lighting system for the Easement Area, such signs and lighting system to be of such quantity, and of such kind, design and quality as Grantee from time to time shall determine. (b) Supporting any roof (the "Roof. ") which may by constructed over the Easement Area, such roof to be of such type, design and quality as Grantee shall determine, including the right to attach to or build into such walls such braces, brackets, supports, cables, beams and other devices or materials as may be necessary or convenient for the construction and maintenance of such Roof. -2- r :e -Sit;. Grantor and Grantee, for themselves and their - respective succes- sors and assigns, for the foregoing considerations, further agree (Grantee so agreeing by acceptance hereof) with respect to the rights and licenses above.granted as follows: 1. If the Roof is constructed, it may be designed so as to cause rain water and melting snow or ice to drain from such Roof and on to the roofs of said Buildings. Grantee, its successors and assigns, shall have no liability for any loss or damages caused by water draining from the Roof and on to the roofs of'said Buildings or by ice accumulating thereon; and ' Grantor, for itself and for its successors or assigns, covenants and agrees, that at or prior to such time as the Roof is constructed, it will at its sole cost and expense, cause a suitable drainage system to be constructed and constantly maintained in a good condition and state of repair so as-to cause such-rain water and melting snow or ice to be.removed from the roofs of said Buildings and to prevent any damage from occurring to the Roof by reason thereof. This license shall terminate at such time as the Buildings may be voluntarily destroyed or removed from the premises described on Exhibit B; provided, however, that Grantor shall have given Grantee at least ninety (90) days' prior written notice of the date on which Grantor commences demolition or removal of said Buildings. 3. Any and all signs and lighting equipment, and any and all materials or devices provided by Grantee for support of the Roof, which may be placed on the walls of the Buildings pursuant to this license shall be and remain the property of Grantee and may be removed.and replaced at any time and from time to time by Grantee. Grantee agrees to repair promptly any and all damage done to any wall as a result of or in connection with the use thereof by Grantee for any of the purposes allowed by this license. i -3- o 4. I£, on the termination of this license, Grantee has not removed all of its signs, lighting equipment and roof.support devices, then all of such materials not so removed shall become the property of Grantor and may be removed and disposed of as Grantor sees fit, without compensation to Grantee, and without any liability of Grantee for any costs incurred by Grantor in connection with such removal and disposal. 5. If the Buildings are hereafter destroyed or removed and if there shall thereafter be constructed anew building or buildings on the premises described nn Exhibit B, then the rights and licenses above granted shall be revived and shall extend and apply to the wall or walls of any such new build- ing or buildings which abut or adjoin the Easement Area. 6. 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: +t e- 14 fl, p- LO CSR.. To Grantor: KI f- 1/ o.x tS- 3 To Grantee: 4801 West 50th S reet Edina, Minnesota 55424 Attention: Executive Director Such addresses may be changed by either party upon notice to the other party given as herein provided. 7. Grantee herein, at any time, may transfer and assign all of its rights and obligations under this license to the City of Edina, and Edina shall agree, in writing, to assume all of the obligations of Grantee herein. A duly executed copy of such transfer and assignment, and assumption, shall be given to Grantor. Upon giving such copy to Grantor, Grantee herein shall have no further obligation hereunder to Grantor, its successors or assigns. THE PROVISIONS HEREOF shall.be deemed covenants running with said Easement Area and the property described on said Exhibit B of which the Easement Area is a part, and shall extend to and 'bind the pasties hereto and their respective heirs,'representat;ives, successors and assigns, and all r� present and future owners of the Easement Area and the property described on said Exhibit B of which the Easement Area is a part. If there shall be a violation or an attempt to violate any of these easements, licenses, covenants, - restrictions or reservations, it shall be lawful for Grantee, its successors or assigns, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such easement, license, . covenant, restriction or reservation, and either to prevent it, him or them from so doing or recover damages for such violation. This Instrument is Exempt from State Deed Tax. TO HAVE AND TO HOLD THE S,*1E, Together with all the hereditaments -and appurtenances thereunto belonging or in any wise appertaining, to the Grantee, its successors and assigns, Forever. IN TESTIMONY WHEREOF, The said Grantor has caused these presents to be duly executed the day and year first above wri ten. r, THE S -XAfCHFIE D ICORP IpN l By And STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) % The foregoing instrument was acknowledged before me this day of 1976, by A. L. Stanchfield President and Secretary of THE STANCHFIELD CORPORATION,.a Minnesota corporation, on behalf of the corpora on. Notary Public �prT„ '�krn 1T. iItb�3l� J. . ono, sn I`aam14 �, mar: Xa�t. IM —$— A Y r. EXHIBIT A All that part of Lots 26 and 27, Auditor's Subdivision No. 172, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota lying westerly of the follo *.7ir_g described line: Beginning at a point in the south line of said Lot 27, distant 50.00 feet west of the southeast corner thereof when meas rad alonj said south line; thence northerly to a point on a line dram parallel with and 31.0 feet north of the south line of said Lot 17, which point is 59.86 feet west of the east line of said Lot 27 when measured along said parallel line; thence westerly along said parallel -line a distance of 2.65 feet; thence northerly to a point in the north line of said Lot 26, distant 51.41 feet west of the northeast corner thereof when measured along said north line,.and there terminating. EXHIBIT B ,Lot 26, Auditor's Subdivision Number 172, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, otherwise described nates and bounds as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 18, Township 4208, i.auge 24, according to the Government Survey thereof, described as follows: Beginning at a point which is 113 feet North and 30 feet-West of the Southeast corner of said No rtheast Quarter, which point is 80 feet North from the Northwest- corner of -Wes*_ 50th Street and France Avenue in the Village of Edina, neasured.along the West line of said France Avenue; thence North along the West line of France Avenue, a distance of 60 feet; thence West 69 feet on a line parallel with West 50th Street; thence South 60 feet on a line parallel with the West line of France Avenue; thence East 69 feet on a line parallel with the North line of. Blest 50tn. Street to place of b eginnizigr . Lot 27, Auditor's Subdivision Number 172, Hennepin - County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, otherwise described as follows: That part of the Southeast Quarter of the P;orth- .east Quarter of said Section 18, TotTnship 28, Ranje:24, des - r_r1bed as follows: BeginainG at a point which i's 33 feet north and 30 fOet West of the Southeast corner of said Northeast Quarter, iahich point is the Forthwest corner of Vest 50th Street and France Avenue in the Village of Edina; thence i.orth along the ilest lire of France Avenue, a distance bf 80 feet; thence West 69 feet, being a line p2._allel with :lest- 50th Street; thence South £0 feet on a line parallel with France Avenue; thence East .69 feet along the North line of West 50th Street to the place of beginning. p EXHIBIT B ,Lot 26, Auditor's Subdivision Number 172, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, otherwise described nates and bounds as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 18, Township 4208, i.auge 24, according to the Government Survey thereof, described as follows: Beginning at a point which is 113 feet North and 30 feet-West of the Southeast corner of said No rtheast Quarter, which point is 80 feet North from the Northwest- corner of -Wes*_ 50th Street and France Avenue in the Village of Edina, neasured.along the West line of said France Avenue; thence North along the West line of France Avenue, a distance of 60 feet; thence West 69 feet on a line parallel with West 50th Street; thence South 60 feet on a line parallel with the West line of France Avenue; thence East 69 feet on a line parallel with the North line of. Blest 50tn. Street to place of b eginnizigr . Lot 27, Auditor's Subdivision Number 172, Hennepin - County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, otherwise described as follows: That part of the Southeast Quarter of the P;orth- .east Quarter of said Section 18, TotTnship 28, Ranje:24, des - r_r1bed as follows: BeginainG at a point which i's 33 feet north and 30 fOet West of the Southeast corner of said Northeast Quarter, iahich point is the Forthwest corner of Vest 50th Street and France Avenue in the Village of Edina; thence i.orth along the ilest lire of France Avenue, a distance bf 80 feet; thence West 69 feet, being a line p2._allel with :lest- 50th Street; thence South £0 feet on a line parallel with France Avenue; thence East .69 feet along the North line of West 50th Street to the place of beginning. A OFFICE ' F UN I y RE c cl �. 1 HENNEPIN C0tlNTY.MiNNESfl-'-1,, CER f if f-0 FILED AND C.i. ZZr-1 1977 APR 22 AM 8: 43 AS DOCUMENT ORDE &BLL�DEPUTY L VupUca,te Fuilig, - Cortlificato- 25, Cents IF y 6056955 WHEREAS, on the 21st day of July, 1976, The Stanchfield Corporation, a Minnesota corporation, Grantor, and the Housing and Redevelopment Authority of Edina, Minnesota, a body politic and corporate under the laws of the State of Minnesota, Grantee, entered into that certain Easement and License Agreement filed April 22, 1977, as Document No. 4279242 in the office of the Hennepin County Recorder; and WHEREAS, said Easement and License Agreement granted to Grantee a permanent easement over, under and across the property described on Exhibit A attached hereto and made a part hereof, and the sole and exclusive right and license to use the walls of any of the buildings presently situated on the property described on Exhibit B attached hereto and made a part hereof that abut or adjoin the property described on said Exhibit A, and WHEREAS, Grantee has recently obtained and recorded new easements relating to said property and therefore desires to terminate said Easement and License Agreement. NOW THEREFORE, the Grantee forever releases, discharges and terminates said Easement and License Agreement and all easements created thereby effective immediately. IN WITI�T SSW REOF, Grantee has caused this instrument to be duly executed this � day of- 7��993. HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By Its [ r ma-VA And t Its STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was a owledged fore t ' lS day of 1993, b d the -e� and respectively, of HOUSING AND REDEVELOPMENT AUTHORITY OF EDIN , MINNESOTA, a body politic and corporate under the laws of the State of Minnesota, on behalf of said authority. DARLENNE RI LLER NOTARY PUBLIC - MINNESOTA I- ;EyNEPIN COU NT Notary Public ;z —onlon Expires OCt 15. y This instrument was drafted by: Dorsey & Whitney (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 -1498 2 All that part of Lots 26 and 27, Auditor's Subdivision No. 172, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota lying westerly of the following described line: Beginning at a point in the south line of said Lot 27, distant 60.00 feet west of the southeast corner thereof when measured along said south line; thence northerly to a point on a line drawn parallel with and 31.0 feet north of the south line of said Lot 27, which point is 59.86 feet west of the east line of said Lot 27 when measured along said parallel line; thence westerly along said parallel line a distance of 2.65 feet; thence northerly to a point in the north line of said Lot 26, distant 61.41 feet west of the northeast corner thereof when measured along said north line, and there terminating. .. f Lot 26, Auditor's Subdivision Number 172, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, otherwise described metes and bounds as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 18, Township 28, Range 24, according to the Government Survey thereof, described as follows: Beginning at a point which is 113 feet North and 30 feet West of the Southeast corner of said Northeast Quarter, which point is 80 feet North from the Northwest corner of West 50th Street and France Avenue in the Village of Edina, measured along the West line of said France Avenue, thence North along the West line of France Avenue, a distance of 60 feet, thence West 69 feet on a line parallel with West 50th Street, thence South 60 feet on a line parallel with the West line of France Avenue; thence East 69 feet on a line parallel with the North line of West 50th Street to place of beginning. Lot 27, Auditor's Subdivision Number 172, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, otherwise described as follows: That part of the Southeast Quarter of the Northeast Quarter of said Section 18, Township 28, Range 24, described as follows: Beginning at a point which is 33 feet North and 30 feet West of the Southeast corner of said Northeast Quarter, which point is the Northwest corner of West 50th Street and France Avenue in the Village of Edina, thence North along the West line of France Avenue, a distance of 80 feet; thence West 69 feet, being a line parallel with West 50th Street; thence South 80 feet on a line parallel with France Avenue; thence East 69 feet along the North line of West 50th Street to the place of beginning. I k T , t") 6056955 29MAR9310:51 06056955 SCO $2.00 29MAR9310:51 0605!6955 DOC $16-00 OFFICE U C. C pf- r C HI 8 h E p c - PDER 4ESM C.� 93 MAR 29 AM 10. 46 AS CO. P-ECORDER orpury RLE-C FEE =Z;L� COPY FEE