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Home My WebLink About2144�NroR %N`2� • . City of Edina October 11, 1996 Mr. Jerry Gilligan Dorsey & Whitney Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402 -1498 RE: Partial Release of Easement Northwestern Mutual Life Insurance Company Dear Jerry: Enclosed are three copies of a Partial Release of Easement. Please have this document recorded at your earliest convenience and return a copy for our records. Thank you. Sincerely, Candy riedler Engineering Admin. Asst. /clf Enclosures City Hall (612) 927 -8861 4801 WEST 50TH STREET FAX (612) 927 -7645 EDINA, MINNESOTA 55424 -1394 TDD (612) 927 -5461 PARTIAL RELEASE OF EASEMENT The CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (the "City "), in consideration of One Dollar and other good and valuable consideration, does hereby release the following described land in the County of Hennepin, State of Minnesota, to -wit: That part of the West 25 feet of Lot 3, Block 1, Edina Office Center, lying northerly of a line drawn 110 feet northerly of (o.nd measured at right angles to) the Southerly line of said Lot 3, according to the recorded plat thereof on file or of record in the office of the Registrar. of Titles in and for said County (the "Released Property") from that certain easement granted to the City for the construction, operation, maintenance and alteration of the Ponding Easement Area created by and defined in Section 1 of that certain Grant of Easement (the "Easement Agreement") dated March 19, 1979 between the Northwestern Mutual Life Insurance Company, a Wisconsin corporation, and the City, which Easement Agreement was filed with the Hennepin County Registrar of Titles on March 19, 1979, as Document No. 1321642 and the memorialized on Certificate of Title No. 623639. The conditions necessary for this release, as specified in the Easement Agreement, have been satisfied and all rights and privileges created by the Easement Agreement pertaining in any way to the Released Property are hereby terminated.. IN WITNESS WHEREOF, the City has caused this Partial Release of Easement to be executed as of this IG7E�day of October, 1996. THE CITY OF EDINA By 1 Its Mayor And Its City ManagR STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this kfli day of r October, 1996 by t-,) A,-A? the Mayor of the City of Edina, 'a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. otary Public ' DE:...., ,,. Ee,ANGEN L4) NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 1.31-00 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrum t was acknowledged before me this 01,,- day of October, 1996 by K ��,t1...- nov,, , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. This instrument was drafted by: Dorsey & Whitney LLP (TLM) 220 South Sixth Street Minneapolis, MN 55402 -1498 7� Notary Public r DEBRA A. MANGEN NOTARY PUBUC-- MPOILWTA 100 .1- 1 1, MY COMMISSION EXPIRES 1,31 -W DORS EY & WHITNEY L L P ,�x Ilk MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK WASHINGTON, D.C. 220 SOUTH SIXTH STREET DENVER LONDON MINNEAPOLIS, MINNESOTA 55402 -1498 SEATTLE BRUSSELS TELEPHONE: (612) 340 -2600 FARGO HONG KONG FAX: (612) 340 -2868 BILLINGS DES MOINES ROCHESTER MISSOULA COSTA MESA GREAT FALLS JEROME P. GMUGM (612) 3442962 September 30, 1996 Mr. Fran Hoffman City of Edina 4801 West 50th Street Edina, MN 55424 Dear Fran: Enclosed is a copy of the 1979 Easement from Northwestern Mutual Life Insurance Company to the City, together with a draft of a Partial Release of Easement related to the right granted to the 1979 Easement to cross over the West 25 feet of Lot 3, Block 1, Edina Office Center to enter the Ponding Easement Area, as defined in the 1979 Easement. Tracy McGuire is checking with the title company to see if it is satisfactory for the Partial Release to be approved by resolution or if a vacation proceeding is necessary. Unless you hear from Tracy or me you should assume that the Partial Release can be approved by the City Council at its October 7th meeting and no vacation proceedings are necessary. If you have any questions, please call me. Yours truly, )ero e P. Gilligan JPG:cmn Enclosures ♦ 60 l 899.7 EAST o O � 324.00 - - - % - - 5 - - 575.77 - OEAST 0 0 I " � c0 O r UTILITY EASEMENT 71.99 -_ _Z,w 1 Z 0 as. LOT \ 3 °�•`,�. M p \ -- - -- J O - Cy I i I 1 lI -, r I' I, f Lij 10- W -' 19050 SO. FT. 0) DRAINAGE AND 1 N UTILITY EASEMENT-2 SURVEY LINE � < � j 534.39 EAST y 125.00 125 00 5 gO 125 o bD 0 Olt F; T t r . J---4 25 y 0 399.36 - -- 135'89 J.L.M. AT SW CORNER OF TRACT U, RLS. N 3 -� 535.25 i \ / \ I i n\ 18 n r\ IrN n l r— ♦r -n l -fi r -�- i /� -i- r �� r� �-� -I i � ♦ I� I V /I / - - \I V I \. I \,I )I— !I \ /\II \I � I'V ♦- I I V 1 / - \1 \IL. / - \L —L— \-'L V I L -I 'UPLICATE DECLARATION OF EASEMENTS AND COVENANTS THIS DECLARATION OF EASEMENTS AND COVENANTS is made this day of March, 1979, by THE NORTHWESTERN MUTUAL LIFE IN- SURANCE COMPANY, a Wisconsin corporation (hereinafter referred to as "Declarant): WITNESSETH THAT: WHEREAS, Declarant is the fee owner of Lots 1, 2 and 3, all in Block 1, Edina Office Center, according to the recorded plat thereof, Hennepin County, Minnesota, and WHEREAS, In connection with the development of said Lots 1, 2 and 3, Declarant has determined that it is necessary and desir- able to create and provide for the maintenance of certain private driveway easements over and across said Lots 11 2 and 3, to pro- vide additional access to public roadways for the benefit of Lots 1, 2 and 3;" NOW, THEREFORE, Declarant hereby states and declares that Lots 1, 2 and 3, all in Block 1, Edina Office Center, according to the recorded plat thereof, Hennepin County, Minnesota, shall be held, transferred, sold, conveyed and occupied subject to the easements and covenants (sometimes referred to as "Covenants and Restrictions ") hereinafter set forth, which Covenants and Restric- tions shall run with said real property and be binding on all parties having any right, title or interest in the said properties and shall inure to the benefit of each such party. 1. Lot 1, Block 1, Edina Office Center, according to the recorded plat thereof shall be subject to a perpetual non - exclusive easement for the benefit of Lots 2 and 3, Block 1, Edina Office Center, for the construction, installation and maintenance of a driveway and for ingress and egress of persons and vehicles, such easement area being described as the West 36 feet of Lot 1, Block 1, Edina Office Center, according to the recorded plat thereof, Hennepin County, Minnesota. 2. Lot 2, Block 1, Edina Office Center, according to the recorded plat thereof shall be subject to a perpetual non - exclusive easement for the benefit of Lots 1 and 3, Block 1, Edina Office Center, for the construction, installation and maintenance of a driveway and for ingress and egress of- persons and vehicles, such easement area being 18.00 feet on either side of the follow- ing described center line: Comi.iencing at the northeast corner of Lot 3, Block 1, EDINA OFFICE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota; thence on an assumed bearing of South 00 degrees 32 inim;tes 48,seconds East, along the East line of said Lot 3, also being the West line of said Lot 2, a distance of 38.00 feet to the point of beginning of the center line to be described; thence bear- ing EAST a distance of 861.19 feet; thence northeasterly a distance of 97.98 feet along a tangential curve concave to the northwest, having a radius of 62.00 feet and a central angle of 90 degrees 32 minutes 48 seconds; thence North 00 degrees 32 minutes 48 seconds West, tangent to said curve a distance of 163.21 feet, more or less, to a point on the most northerly line of said Lot 2, distant 18.00 feet east from the southwest corner of Lot 1, Block 1, EDINA OFFICE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota, and said centerline there terminating. 3. Lot 3, Block 1, Edina office-Center, according to the recorded plat thereof, shall be subject to a perpetual non- exclusive easement for the benefit of Lots 1 and 2, Block'l, Edina Office Center, for the construction, installation and main- tenance of a driveway and for. ingress and egress of persons and vehicles, such easement area being described as the South 36 feet of the most Northerly 56 feet of Lot 3, Block 1, Edina Office Center, according to the recorded plat thereof, Hennepin County, Minnesota. 4. Anything herein to the contrary notwithstanding, it is understood that the easements granted herein are subject to the terms and conditions of that certain easement agreement between The Northwestern Mutual Life Insurance Company and the City of Edina, dated MNer_41 1� 1979, and recorded on 1979 in the office of tyre Registrar of Titles, Hennepin County, Minnesota, as Document No. 1:321.642 Said agreement is hereinafter called the "Edina Easement Agreement ". In the event that the City of Edina, pursuant to the Edina Easement Agreement, constructs a street across Lots 2 and 3, Block 1, Edina Office -2 -. Center, over the "Street Easement" described in said Edina Easement Agreement, the owner of Lot 2, Block 1, Edina Office Center, shall provide direct access from the said Street Ease - ment and the road constructed thereon to the easement described in Paragraph 2 above and shall execute a 36 foot wide easement for driveway and access purposes in recordable form necessary to convey such right for the benefit of Lots 1 and 3, Block 1, Edina Office Center. S. The fee owner of Lot 1-1 Block 1, Edina Office Center shall perform at such fee owner's sole cost and expense, all routine maintenance, repair and replacement (including but not limited to sealcoating, patching and removal of snow) of any curbing, gutters, driveways, or paving, installed on the ease- ment area described in Paragraph 1 above as necessary to keep same in good serviceable condition in accordance with standards generally prevailing in the upkeep of such improvements associated with high quality commercial office buildings in the metropolitan Minneapolis -St. Paul, Minnesota area. 6. The fee owner of Lot 2, Block 1, Edina Office Center shall perform at such fee owner's sole cost and expense, all routine maintenance, repair and replacement (including but not limited to sealcoating, patching and removal of snow) of any curbing, gutters, driveways, or paving, installed on the ease- ment area described in Paragraph 2 above as necessary to keep same in good serviceable condition in accordance with standards generally prevailing in the upkeep of such improvements associated with high quality commercial office.buildings in the metropolitan Minneapolis -St. Paul, Minnesota area. 7. The fee owner of Lot 3, Block 1, Edina office Center shall perform at such fee owner's sole cost and expense, all routine maintenance, repair and replacement (including but not limited to sealcoating; patching and removal of snow) of any curbing, gutters, driveways, or paving, installed on the ease- ment area described in Paragraph 3 above as necessary to keep -3- r Same in good serviceable condition in accordance with standards generally prevailing in the upkeep of such improvements associated with high quality commercial office buildings in the metropolitan 2dinneapolis -St. Paul, Minnesota area. 8. If any owner defaults in performance of its obligations in accordance with Paragraphs 5, 6 and 7 above, any fee owner of any other benefiting lots in the plat of Edina Office.Center may bring an action at law or in equity against the defaulting fee owner to compel compliance with the terms and conditions hereof and said defaulting owner shall pay the amount of the costs and expenses of preparation and. filing a complaint in such action,. and in the event a judgment is obtained, such judgment shall include a reasonable attorney's fee, together with the costs of the action. No fee owner of Lot 1, 2 or 3, Block 1, Edina Office Center, may waive or otherwise escape liability for the costs provided for herein by non -use of the easements described herein or by abandon- ment of his ownership of Lot 1, 2 or 3, Block 1, Edina Office Cen- ter; provided, however, a fee owner described herein shall only be responsible for such maintenance, repair and replacement which are required herein and accrue during said owner's respective period of ownership of said parcel. Anything in this agreement to the contrary notwithstanding, the fee owner of Lot 1, Block 1, Edina Office Center, shall have no obligation for routine main- tenance, repair or replacement, as above provided, until such time as construction of a building has been commenced upon said Lot 1, and the fee owner of Lot 3, Block 1, Edina Office Center shall have no obligation for routine maintenance, repair or replace- ment, as above provided, until such time as construction of a building has been commenced upon said Lot 3. IN WI`rNESS.WHEREOF, The Northwestern Mutual Life Insurance Company, Declarant, has caused this Declaration to be executed as of the day and year first above written. - THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY - Its �ce� mident Cou!on C, D; non -4- l STATE OF riISC0I :3I.r ) ss. COUNTY OF ;iilr aw�ee ) The foregoing instrument.was acknowledged before me this l5- day of March, 1979, by Cc:ccn C. Davl;lwn , V'Ce President of The Northwestern Mutual Life , Insurance Company, a Wisconsin corporation, on behalf of the corporation. . l �w i11 •, -�� c t. c� Notary Public EVA M. SANDER (.. Y•.N EVES M SA'4!, :R NOTARY FUiLIC— W15C0*1S1 ?i Pr.�t;C.? :L CFfICE IN COUNTY INSTRUIMENT PREPARED BY: /Ay Commission Expire: Cc:cbcr 5, 19M James L. Tucker 2200 Northwestern Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota. 55431 No deiinquent taxes and transfer entered FINANCE DIVISION HENWPIN COUNTY, r�wN MAR 19 1979 6'!T RNANCE DIVISION DIRECTOR BY DEPU71 ThlI ce tines not relate to taxis for the current year G G whir-ft mle or may not t,e palds -5- r `� 1321643 s COQ OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON MAR 19 1979 REGISTRAR OF TITLES By DEPUTY J ^ r T s. 0 S :.- DUPLICATE .. t1 . z. / -1/ / GRANT OF EASEMENT 4 .. This instrument made this / day of '4-t , 1979 between THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation (herein called "Grantor "), and CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (herein called "Edina "). WITNESSETH, THAT: WHEREAS, Grantor represents and warrants that it is the fee owner of the property ( "Subject Property ") in the City of.Edina, Minnesota, described on Exhibit A attached hereto and made a part hereof; and WHEREAS, Grantor proposes to develop and plat, or have developed and platted, the Subject Property, and, in connection therewith, Edina desires to obtain a storm and surface water ponding easement and a public street and utility easement, and Grantor is willing and able to grant such ease- ments, all on the terms and conditions below set out. NOW, THEREFORE, Grantor in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, . to it in hand paid by Edina, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and convey unto Edina, its successors and assigns, forever, the follow- ing easements subject to'the following terms and conditions all of which are hereby accepted and agreed to by Grantor and Edina--. Storm and Surface Water Pondinq Easement 1. Grantor does hereby grant, bargain, sell and convey unto Edina, its successors and - assigns; forever, a permanent, exclusive easement (subject, however, to existing utility and drainage easements of record, if any) in, on, over, under and across a tract of land described on Exhibit B attached hereto and hereby made a part hereof (the "Ponding Easement Area "), for the following purposes: (a) the pro- �: � _�� Yl � t.►. -..M j : � � � r � .. r � �,�,��..n....' �` I � i .: y Y - ..� ` -. .. � � �..,.�,�„ . ti � w � t � �'' ;,�.�..,,�. L` � tii �.� x��+'•^.•t °- '...� -i=• �-- 3" '`�"'�,�,�'�y°'�,,;: +c ,ti_�':.�"�" 3,,r�,a5 �° ' ^.z.�;.,Y*.� +-�;,'-"�'r2�:�`�" w v�'�c';''i�,r";;rr"'�•�" ..,,.� �� rr^�,l,:'x:K1,ay.'.t"� �y'.q,. � iw'Y•�r 1' �"°�- '��w�,.^%...,'�, i`. • . � �4a��'�� ..i w+�'sf, a �-a . � t , ,�,`� .Y��.� ,,.,...y .+;�t�`a ` 'y.Vr L- +:..iv:� ,FIT. i+..�l,��.n -S; r► n.-. �..�IaJ -�. S- :fir... '�"F~..•wr . 1N-` � 'h.a►'�T�J�'.s�/�i?'''!- �--�i. �.vJ z .. r,'.a.k. +"..�+s �'��!�,•..! +Oc �-- 'J.�'�'."'i tection of the hydraulic efficiency and natural character and beauty of the Ponding Easement Area and of the bed and water of any body of water within or adjoining the same;. (b) flowage with surface and storm waters over and on any or all of the Ponding Easement Area, and the ponding of such waters on any or all of the Ponding Easement Area, in- cluding such flowage and ponding as may be affected by.the construction of dams, dikes, ditches, diversion work, and other structures on the Ponding Easement Area, under all conditions, ordinary and extraordinary, in all seasons of the year; (c) the right and privilege to enter upon the Ponding Easement Area by crossing over the West 25 feet of Lot 3, Block 1, Edina Office Center, Hennepin County, Minnesota, at such times and with such men, materials, and equipment as may reason- ably be necessary, in the sole opinion of Edina, for the construction, reconstruction, maintenance, alteration of the Ponding Easement Area for any one or more of the pur- poses of this easement, and for the construction, recon- struction, maintenance and alteration of such structures on the Ponding Easement Area as Edina deems necessary or desirable to accomplish any one or more of the purposes of this easement; provided, however, if a roadway is constructed over the "Street Easement" described hereafter, or if Edina secures another permanent easement, by a document in form and substance acceptable to Edina, giving access to the Ponding Easement Area with such men, materials and equipment as may reasonably be necessary, in the sole opinion of Edina, for accomplishing all of the purposes of this easement, the right of access over said Westerly 25 feet of lot 3 shall cease and be of no further force and effect,and the parties hereto, their successors and assigns, shall execute an agreement in recordable form - evidencing such termination. In any event, Edina, in using such access, shall take such care as is reasonable under the circumstances to avoid damage to said 25 -foot access strip. .-2- �►F••.e��it� \:•'7I .�s.7.r��'.. '� �� .ar 1t �:a3 •.�..jv Y � •- �.� �%'4 11`.. +•�'�.'e_•rs�.. ._. .. `.ear ?_- 4_..,1.i?�:'C_�ly •. 2. Grantor agrees that no improvements of any kind shall be constructed on or over all or any part of the Ponding Easement Area by Grantor, its successors or assigns, and -that no excavating, filling, grading or . raising of the level of all or any part of the Ponding Easement Area shall be made or done by Grantor, or its successors or assigns, without, in each instance, first receiving the prior written consent of Edina, its succes- sors or assigns, which consent may contain conditions imposed by Edina to protect or promote any one or more of the purposes of this easement. Nothing contained in paragraphs 1 through 5 of this agreement shall limit or restrict the use of that part of the Subject Property that is not included within the Ponding Easement Area or said 25 -foot access strip. 3. Grantor further agrees that no consent from Edina given pursuant hereto shall be effective until and unless recorded in the same office in Hennepin County; Minnesota, as this agreement is recorded. 4. Grantor further agrees -that any improvements constructed on, or any other work done on, the Ponding Easement Area by Grantor, or its successors or assigns, with the consent of Edina, shall be done in full com- pliance with any conditions imposed by Edina in connection with such consent and shall at all times be maintained and kept in a neat, clean and safe condition, and in a good state of repair, all at the sole cost and expense of Grantor and Grantor's successors and assigns. 5. Anything herein to the contrary notwith- standing, Grantor further does hereby remise, release, acquit and forever discharge Edina, its successors and assigns, and any and all of its and their officers, emplovees,. and agents, of and from'any and all claims,.demands, and causes of action of..every kind and nature whatsoever, that may arise or, accrue by virtue of any-rightful entry upon, use of, or activity upon, the Ponding Easement Area, -3- � +t- yctr.,ry�.• -N�y� uti. �_ -}l--ln.. '.+. +' yam.�r �•`� J � J M� t �4 -' -'�+., i+ � t 1..15£' •• l � t �..�Ft �.r^�� x s".T TS15 -fic -� �,�,�f^�`t va'• r � �i� i'�tr'Y" �a�S. �b � "'Zf"j w�:�,�•�iY,�t „+.� �.G9•``c .; f!%1:..��`��1�.•,��.'�.�: � ��^�.~",'��,!'"`i`�xS y't%• 7'4'�•r�,.��v..:*r ,y+. r; "3. �`j-_•'.t s��. t" ✓�,•�. t,��:�'c�1"? ', \�'.''.`, _ rF_t ►- }+.-•t4~a.-+'-,• 'S a..i' \'r�. i"r�t'^ !'.��T e^"�st�s 'L �..rJ:tMr i ^". U_M. rs w.'.•`�. sa•Fs .ii ~a w • —6- fa J or tiic said 25 -Iuot access _.trip, for any one or More of the purposes for which this easement is hereby granted. The release hereby granted shall not apply to claims, demands, or causes of action resulting from damage or injury to persons or property occurring on property other than the Ponding Easement Area and said 25 -foot access strip. r Public Street and Utility Easement 6. Grantor does hereby grant, bargain, sell, and convey unto Edina, its successors and assigns, forever, a permanent, nonexclusive easement (subject, however, to existing utility and drainage easements of record, if any), for public road and public utility purposes in, on, over, under, across the land described on Exhibit C attached hereto and hereby made a part hereof, (the "Street Easement "). 7. It is understood and agreed that the Street Easement will eventually be connected to another street (the "Connecting Street ") in the City of Bloomington, running north and south, and west of France Avenue, connect- ing the - Street Easement with the frontage road northerly of Interstate Highway 494, and thence running Easterly parallel with and adjoining the Street Easement from its point of connection with the Street Easement to France Avenue; that the Street Easement will not be improved or used as and for a public street, nor will public utilities be constructed in.-or. placed on the Street Easement under and pursuant to this easement, until such time as the right of way for the Connecting Street has been obtained, in writing, and in fee or by an easement, by the City of Bloomington or by the City of Edina ;_;and that the Street Easement will, in any event, terminate, automatically and without \, further act or any party hereto, on the third anniversary of the date the City Council of the City of Bloomington hereafter gives final approval of a new plat for the whole of the property de- .scribed on Exhibit D attached hereto and hereby made a part hereof (the "Mann Theatre Property "), or of a new -4- : °i�.r _ ;:,�.n.:} ; .k, � lY.ry�-•IM i'�, }.�- `vy�J� 'AS ^P.�••.+1, T" F '�f" �YN .T -y f °�`� yea �+±r �: aid plat for the then remaining unplatted portion of the Mann Theatre Property, whichever is later, and if, on or be- fore said third anniversary date, an easement or fee title title for the right of way for the Connecting'Street has not been obtained by Bloomington or Edina, it being further under- stood and agreed that the referred -to "new plat" of the Mann Theatre Property (or the remaining unplatted portion thereof) means and includes only plats hereafter made and approved covering the Mann Theatre Property. If such easement or fee title for.the Connecting Street is so obtained by said date, then this Street Easement will not terminate, but wil.l.be permanent. If, and at such time as, this Street Easement terminates pursuant to the provisions of this paragraph, Edina agrees to execute and deliver to the then owner or owners of the Subject Property a quitclaim deed or deeds for their respective portions of the Street Easement, for the purpose of releasing all right, title, and "interest of Edina in and to this Street Easement, and'to commence and prosecute such proceedings as may be necessary to vacate and release the interest of Edina, its successors and assigns, in and to the Street Easement, but the Street Easement shall terminate pursuant to the provisions of this paragraph whether or not such quitclaim deed is given or such proceedings commenced and prosecuted. 8. Until such time as the Street Easement is improved by Edina, its successors and assigns, for public street purposes, Grantor, its successors and assigns, may use the Street Easement for private parking purposes; provided that no parking surfaces shall be placed, and no improvements shall be constructed, on the Street Easement in connection with such parking, until Edina has reviewed and given written approval to a plan to be prepared by Grantor, or its successors or assigns, showing the location and kind of surfaces and parking -5- improvements to be placed or constructed on the Easement Area, and Edina, in its sole discretion, may require, in- connection with the approval of any such plan, that no improvements, other than a parking surface, shall be con- structed upon the Street Easement itself. Such approval by Edina shall not unreasonably be withheld. Once so approved by Edina, the surfaces and improvements shown on the approved plan may be constructed or placed on the Ease= ment Area, and shall thereafter be maintained, all at the sole cost and expense of Grantor, its successors and assigns. 9. Edina may enter upon the Street Easement at any time after the right of way for the Connecting Street is obtained pursuant to Paragraph 7 hereof (and only after such time), for the purpose of constructing the public street or' public utilities in, on, over, and under the Street-Easement, and other public utility companies may also then or thereafter enter upon the Street Easement for the purpose of constructing public utilities in, on, over, and under the Street Easement. In connection with the construction of the public street, Edina shall provide access to the Subject Property easterly and westerly of the Street Easement by con- structing at least one curb cut on the easterly side of the. street on Lot 2, Block 1, Edina Office Center, according to the recorded plat thereof, and one curb cut on the westerly side of the street on Lot 3, said Block 1. Also,in connection with any such public street or utility construction, Edina or any public utility company may remove and destroy any and.all im- provements and parking surfaces on, over, or under the Street Easement without liability for-trespass, damages, or any other claims by Grantor, or its successors and assigns, all of which liability and.claims are hereby waived and released, r. _. .� —�+.. Iz— .�"`.' ; i. i'•?r•- .�•p i:�'!}Y�•.1;: %�'� -� '{: �s= ..�._a%W+. �'� i`i�'�iti :`.tJi. ,i • '•1•,,' •��Y}� i : : n. :. :•' � ?�' '•: • ,.. , 1. . ti r�.k -�� '�" - �`.�►?i� '�'`" AC; �`^;.. +.° .. �aa.��,"`�� ?'nr��vJ?cai. -�.� c%•+. !+" 1�'". Co �*'i�' ,: `4*' �'r ?�� are.. v ♦Y .� ^ ti • z ti. :4 �' f yx .:., ,} � ..� f'.S Irr ,a' � v .y.t•• �` .vy�}y�t7�'+t t Y h•i N +�+C'� r'a Y �� i � c ✓.* "w�h�a� � �i 9'. 3•-e4��1"'•T'S.�S,1�+�e� - ^" i1- •v n.�` ��`'�'j'"�''- i�a�S�.�4t��•'��,�'.,.�''�% 'rtv"i`.u;�,+11J.. 1'}::`CK�j}�.•f.��.lZ aw.i ! �'" r fir. :�� y t-� I/ '.. i•' .y � �'"+"} :° •Y' 1 r t yL l S. L M Y J ti �;M �i'°.ai.F �i•- q" r'�. �..y�.1.'. �� -:� ??.'?atL' 'T�•,�..'+.:+'AJ'w .r... +; wL'1;�.!•.: �� ^v .,+►•rrr::..' 6,.a*.. •- ,c:..,��t., �,?1'_�. 'r: -,:,,. .; `. .:.. r and Edina shall not be liable or responsible for any repairs or improvements necessary to be made to the Subject Property lying outside of the Street Easement and as a result of the construction of such street or of public utilities, including, but not limited to, striping, landscaping, lights, and repair and replacement of underground utility connections; except, however, for such repairs to property not within the Street Easement as are made necessary by the negligence or willful act of Edina, its agents, or employees, and which negligence or willful act occurs or is done on property not within the Street Easement. It is understood that Grantor, its successors or assigns, presently plans to develop the portions of the Subject Property abutting the Street Easement in .stages, and that plans for all such stages have been or, pur§uant hereto, are to be approved by Edina. Therefore, if and when the street is constructed on the Street Easement, Grantor, its successors and assigns, without cost or expense to Edina, and as soon as reasonably possible after such construction, shall do all things necessary, including, without limitation, establishing setbacks and installing landscaping, on each developed portion of the Subject Property to have that por- tion comply in all respects with the ordinances of Edina that were applicable and in force as of the date that Edina approved of the plans for development of that portion of the Subject Property, to the extent that noncompliance is covered by or results from construction of the street. Nothing herein shall be deemed to grant any rights to the Subject Property outside of the easement areas described herein. Grantor does not hereby obligate itself, or its successors or assigns, -7- 7•�i✓�`�•,V.ai.: {�3 ."7i" ✓:tij�.e�'�.�. .ir ;Y%i�. �. T�e °. u•i Yi+?- to pay the cost of constructing said street or public utilities, but acknowledges, for itself and its successors and assigns, that such costs, or part thereof, may be assessed by Edina against benefited property, which may include the Subject Property,pursuant to Edina's then usual assessing procedure and then applicable Minnesota statutes, and that Edina need not, and shall not be obligated to, give any credit or other benefit to Grantor, its successors -or assigns, because of the - easements hereby granted. 10. Prior to construction of the street on the Street Easement,- notice thereof shall be given to Grantor, its successors and assigns, but if, for any reason, notice is not given, Edina shall not be liable for damages or have any other liability or obligations to Grantor, its successors and assigns, for failure or refusal to give such notice. 11. The foregoing provisions in this document relating to termination of the Street Easement, or delay in using or improving the Street Easement, shall not apply to or affect in anyway . any utility or drainage easement now or hereafter existing on, over, under, or across the Street Easement area or any portion thereof, and such ease- ments may presently and continually be entered upon and used for installation, construction, maintenance, repair, reinstal- lation, and reconstruction of public utilities and drainage systems, and for all other purposes for which they have been or may be granted, without regard to the Street Easement hereby granted, or the delay in using the Street Easement, or its termination. GENERAL PROVISIONS 12. Grantor represents. that it is the fee owner of the Ponding Easement Area and the Street Easement, and has good right to grant the easements, and enter into this agreement, in the manner hereby done, and that the Ponding Easement Area and Street Easement, are free from all encumbrances of every kind whatsoever of record, except real estate taxes and installments of special assessments which are not delinquent and utility and drainage easements of record, if "any. 13. The Street Easement and the Pond Easement Area shall be excluded, and shall not be used, to determine compliance with any parking requirements, lot area require- ments, or other requirements of applicable ordinances of Edina, for any improvements to be constructed upon the whole or any part of the Subject Property. 14. This agreement may be amended or modified only by written agreement between Edina and the then owner of the applicable portion of the'Subject Property affected'by the amendment or modification and recorded in the same office in Hennepin County, Minnesota, in which this agreement is recorded. 15. If any term, condition, or provision of this agreement, or the application thereof to any person or circumstance, shall, to any extent, beheld to be invalid or unenforceable, the remainder hereof and the application of such term, provision, and condition to persons or cir- cumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby," and this agreement, and all the terms, provisions, and con- ditions hereof, shall, in all other respects, continue to be effective and to be complied with to the full extent permitted by law. -9- 16. 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: To Edina: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager. To Grantor: The Northwestern Mutual Life Insurance Company 720 E. Wisconsin Avenue Milwaukee, Wisconsin 53202 Attention: Legal Department. Such addresses may be changed by either party upon notice to the other party given as herein provided. Fu -qther, any notice given pursuant hereto to any future record fee Iowner of all or any part of the Subject Property, other than Grantor, shall be given as above, and, if mailed, shall be addressed . to such owner at the address for the Subject Property, or that part of the Subject Property then so owned by such owner. 17. In the event that Grantor fails or refuses to fully comply with all of its obligations under this agreement, and such failure or refusal continues for a period of thirty (30) days after notice thereof is given to Grantor, or if there be a violation or attempted viola- tion of any of the.covenants or restrictions made by, or placed by this agreement on, Grantor, its successors or assigns, or if any representation of Grantor herein proves to be untrue or misleading, then, in that event, in addition to any other remedies then available to Edina under this -10- 40 �' �. -:: r- .,. -_ _ � _ v .�'.+�►"�A '.Y y�� _ 1 ti.V+ may. w�F r'�i' "T�' .'• h• •.. _,t .:r �.- JL -�'. Mr.. •. .ay! -.t .. -Y .�...L- .?r w. y}'Y!.•+. ..: �siN. i. �. ./::• 7.)�. _ �-i7 _ I agreement or at law or in equity, Edina may (i) after ten (10) days' notice is given to Grantor, its successor or assigns, or the then record fee owner of the portion of the Subject Property to be entered, enter upon the Subject Property-(provided, however, in cases of emergency, as determined by Edina.in its sole discretion, entry may be made without any notice) with such men, eugipment, and materials as Edina deems necssary for the purpose of performing the obligations of Grantor hereunder that it has then failed or refused to perform, or. preventing such violation or attempted violation of any such misrepresentation, without liability or obligation of any kind to any owner or occupant of the Subject Property for trespass or damage to the Subject Property, or any property or improvements thereon, or (ii) prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants or restric- tion, either to prevent him or .them from. so doing or to recover damages for such violation, or (iii) obtain en- forcement of this agreement by court order for appropriate relief, - including suits for damages. All of the foregoing remedies, including other remedies then available to Edina hereunder or at law or in equity shall be usable and en- forceable by Edina separately or concurrently as Edina shall determine, and the use of one remedy shall not waive or preclude the use of any one or more of the other remedies. Grantor, its successors and assigns, agree to pay to Edina any and all costs and expenses incurred by Edina in enforcing this agreement by the use of the remedies above set out or by other remedy or means available to Edina hereunder, or at law or in equity, including attorneys' fees, whether suit be brought or not, -11- and with interest on all such costs and expenses at ten (100) percent per annum from the dates incurred by Edina until paid, and Grantor, its successors and assigns, also agrees to pay all costs of collection of such costs and expenses, with interest thereon, again including attorneys' fees and whether suit be brought or not, with interest at ten (10 %) percent per annum on such costs of collection from the dates incurred until paid. 18. The terms and provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and shall run with the title to the Subject Property and be binding upon all present and future owners of the.Subject Property, but shall be the personal obligation of the owner of the Sub- ject Property only during the time such person is an owner, and only as to the portion of the Subject Property then owned. Nothing herein contained shall be deemed to create any-personal liability against The Northwestern Mutual Life Insurance Company, a Wisconsin corporation,' except for as long as it is, and to the extent that it shall be,. an owner of the Subject Property. If all or a part of the.Subject Property shall be owned by different persons, firms or corporations the liability hereunder shall be limited to the person, firm or corporation.in violation hereof and all liability shall be neither joint.nor several against all such owners. -12- ,.,L..._ "�+4.•k1�` <. ��.�iS:`n'�J ��_i.ti►i'ry' -' JJ'":^��•.+�w.f.� '�~i.s':4 '+�'7V't.�c". s. L.��a+yr�'�{ti.l �9 • and with interest on all such costs and expenses at ten (100) percent per annum from the dates incurred by Edina until paid, and Grantor, its successors and assigns, also agrees to pay all costs of collection of such costs and expenses, with interest thereon, again including attorneys' fees and whether suit be brought or not, with interest at ten (10 %) percent per annum on such costs of collection from the dates incurred until paid. 18. The terms and provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and shall run with the title to the Subject Property and be binding upon all present and future owners of the.Subject Property, but shall be the personal obligation of the owner of the Sub- ject Property only during the time such person is an owner, and only as to the portion of the Subject Property then owned. Nothing herein contained shall be deemed to create any-personal liability against The Northwestern Mutual Life Insurance Company, a Wisconsin corporation,' except for as long as it is, and to the extent that it shall be,. an owner of the Subject Property. If all or a part of the.Subject Property shall be owned by different persons, firms or corporations the liability hereunder shall be limited to the person, firm or corporation.in violation hereof and all liability shall be neither joint.nor several against all such owners. -12- ,.,L..._ "�+4.•k1�` <. ��.�iS:`n'�J ��_i.ti►i'ry' -' JJ'":^��•.+�w.f.� '�~i.s':4 '+�'7V't.�c". s. L.��a+yr�'�{ti.l �9 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written., THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY 6- by ---Its V,cePresdent Gordon C. Dmidsou and---1'--/CZr- _714 Its asst." ecietury Ceor-7pl. MAce CITY OF EDINA by is Mayo r re, and Its Manager This instrument drafted by: DORSEY, YINDHORST, HANNAFORD, WHITNEY & HALLADAY [TSE3 2500 First National Bank Building Minneapolis, MN 55402 -13- u77. STATE OF WISCQ. SIN ] ] COUNTY OF 1:`.il:caukee ] The foregoin, me this /S day Cmd'on C. Da,4.on Vice Pre:i:IFnt respectively, of THE C014PANY, a Wisconsin STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) instrument was acknowledged before of �� 1979, by and George rif. mgl�ce , and Asst. Sccrc!ay NORTHWESTERN MUTUAL LIFE INSURANCE corporation, on behalf of the corporation. &ot. �ClwLG EVA M. SANDER The foregoing instrument was acknowledged before me this -7 day of 1979, by C. WAYNE COURTNEY and KENNETH E. ROSLAND, Mayor pro -tem and Manager, respectively, of the CITY OF EDINA, a Minnesota municipal corporation, on behalf of the City. 1Va delinquent taxes and transfer entered FINANCE DIVISION HENNEPIN COUNTY. MINN. MAR 19 1979 F<hA 01VISION D ?RECTOR By _ gun I0R 24r'.tYA �► �� 6% *fumy fiaT be • _Z4_ 40 Im do. andnow I CR iiG L. LAP _N •i;�"�`� Fir H:.:J:7�i'�:! r!):;:i:Y 147 rr Cro..:.r. L.; i:es Erg. 15. 2.32 _Z4_ 40 Im do. andnow I EXHIBIT A TO GRANT OF EASEMENT BETWEEN GRANTOR AND CITY OF EDINA i Subject Property Lots 1, 2 and 3, Block 1, Edina Office Center, according to the recorded plat thereof, Hennepin County, Minnesota. +.. 1 �• � �. v 1 � � •�. -'i r} >�3 ;A r1CY•��. f•7.t . - h� �.Z .,n. ".r` t-s � � � � .� �... r.. � $•.� -.; 1`yi7 _4_�..� �1: �_k3 n�q •i'r•' �M.ti `.�'..R .f i.�. 'Lr� ;iic -.- �{-. � •`.7�+�} _��`. k�;�\ '1Y1�.1:e -�.'i t `� -�f s i _�z ,��s`' ?- �n}. C, rii'+�1'Y'�- �,�ki�y,4��,��e.,�� y� a.� ;4�c:�� %'lt�,';�fi�„- •c- �'.#•�'h .�,,,a.�y.�'�tif �±tr',�:�`.Y.A 4�\, .'�`'ic.�•ycl��. r��..,,J�:c+K,"`+;�`.�'�' ` z Li'* - `�� -•'+'L r 7 IL�e P,N� �-�' `la y f'• "M'M°. }" � ^'�}. Y".; 5+�•� �.T'r 1:..5 " •t4 l � .� y.1 .,,n, .A.► _a. i.:. v�r- 3i!�V'v'w Y'Y�++(wt_ Y �,�:�� fad. Y. � ,>.�!S�j:.. { .,mot �' ��c •1"�:� C "`- w,.�,+ !'. ;. f: i.. 'S: � •`. �r '��; !F � t �"'�"� : - � .,�Tytj. L _ � +.'r�- "r>.. ..:Jr � _.�'; �-/ :�' .r`•� '' .+. �► r.. �[r��.' wr a .r r •.� -, r � i EXHIBIT B TO GRANT OF EASEMENT BETWEEN GRANTOR AND CITY OF EDINA Ponding Easement Area That part of Lot 3, Block 1, Edina Office Center, according to the recorded plat thereof, Hennepin County, Minnesota, lying Southerly of a line drawn 110 feet Northerly of (and measured at right angles to) the Southerly line of said Lot 3. and The Southerly 110 feet of the Westerly 135.89 feet of Lot 2, Block 1, Edina Office Center, according to the recorded plat thereof, Hennepin County, Minne- sota. y � -2� Y.. -�� _ -tr- �.� •t.. ._ - :�. .1 ..; 5:..,:•. ..• -.10 .F•. �.�� 'r. �� ,�_ `F�i .ji.e .:. _ _... •.. _ .• �_-.��• ••3k... �.-. �.. v.4,t7 }. r.1Y.. -'�;• 2 is1t, �~ • ��_ .;.r � 'l. ... }a ..,t` a . 4�:..,:• y �•'� =� �•. .� '� � � 'rJr �'Y' -s. �.. "'i J. . „ 4� T•- Vii•' �..- •.e+v:. r•.t• yt .:� -r '+R�yT R - - ^��..sT,t .�., ., ��. Cam.' _ �. .�•. %vv;•. w, },: �L ,��'"� y�,, •_. i"'..r.+. h.,�r+�.` 'lr - ��S'�. .w � f f, .�: ..- t•# "��V1,�...,� d JH1 �,° 'r . ��t. �'r. �• \ = -•7 -t ;••x .. a`�ay� -'� ,t«�s,}:..,;,7',y�a�,rti',^ .', L'.; �" -r �`F r� „'��''.,,.�"�,*+`,y�,.�;;f” -�.a ��sa''. "'�•a"`�ar•�� v .St'S ;;k"'e`•,.%,a.i� K.. ,k�.� .. - l.+.`�~}'4'�'��,Y i •..'mac w � 1r9,2�{ .� h. ��,. l��. -�M1`:1 �"�e 7�.ti'F+`r �Sl'7"^'.`+. .'. 1'+C�^•Y `'M r �•s.�� ,� _ '� ..t 's .+.' : a A �I; J�r,.z� ��' � '(Y a. � .. •,. t °il.+.• �`»'1ti -�^�{ l+i. .y �. .is; ,�'♦ -.-.. Z`�,r:..r/�y rr w. _!t .,. �c�✓A"..^�t ts:.w... � �.�ye� ..". •'• ti- t�;r�_��^"'^.r"i4'�.,�y,`r.^a z ^4ti. �trr �'a�'.- �'ty�+i r- ` +�`,�s�.'�i'.a/ « '��c ,`d '`k.!': Y � � A 60 foot strip accordinn, to the lying 30rfeet. on EXHIBIT C TO GRUNT OF EASE:•1ENT BETWEEN GRANTOR AND CITY OF EDINA Street Easement of land that is a part of Lot 3, Block 1, Edina Office Center, recorded plat thereof, Hennepin County, Minnesota, described either side of the following described center line: Commencing at the northeast corner of said Lot 3; thence on an assumed bearing of WEST along the most northerly line of said Lot 3 a distance of 324.00 feet, more or less, to a northwest corner of said Lot 3; thence South 00 degrees 32 minutes 48 seconds East along a west line of said Lot 3 a distance of 30.00 feet to the point of beginning of the center line to be described; thence on a bearing of EAST a distance of 118.48 feet; thence southeasterly a distance of 157.49 feet along a tangential curve concave to the southwest, having a radius of 208.41 feet and a central angle of 43 degrees 17 minutes 44 seconds; thence South 46 degrees 42 minutes 16 seconds East, tangent to said curve to its intersection with the east line of said Lot 3, and said center line there terminating. The side lines of said easement are to be prolonged or shortened to terminate on the east line of said Lot 3. and A 60 foot strip of land that is a part of Lot 2, Block l,"Edina Office Center, according to_ the recorded plat.thereof, Hennepin County, Minnesota, described as lying 30 feet on either side of the following described center line: Commencinq at the northeast corner'b f Lot 3, Block 1, Edina Office Center, according.to the recorded plat thereof, Hennepin County, Minnesota; thence on an assumed bearing of WEST along the most northerly line of said Lot 3 a distance of 324.00 feet, more or less, to a northwest corn of said Lot 3; thence South 00 degrees 32 minutes 48 seconds(East� along a crest line of said. Lot 3 a distance of 30.00 feet to -t-h' point of beginning of the center line to be described; thence on a bearing of EAST'a dis- tance of 118.48 feet; thence southeasterly a distance of 157.49-'vl feet along a tangential curve concave to the southwest, having a radius of 208.41 feet and a central angle of - 43.degrees 17 minutes 44 seconds to a point herein after called point "A";/thence South 46 degrees 42 minutes 16 seconds East, tangent to said curve, "to its intersection with the west line of said Lot 2; thence con- tinuing South 46 degrees 42 minutes 16 seconds East to a point which j[s-239.,75 feet southeasterly from point "A ";.►thence southeasterly a distance of 147..(16 feet along a unqgqential curve concave to the southwest, having a radius of 182.55 feet and a central angle of 46- degrees 09 minutes 28 seconds; -hence South 00 degrees 32 minutes 48 seconds East, tangent to said curve a distance of 110.29 feet, more or less, to its intersection with the south line of said Lot 2, and said center line there terminating. The sidelines of said easement are to be prolonged or shortened to begin on the Crest line of said Lot 2. and The South'40 feet of Lot 2, Block 1, Edina Office Center, ac- cording to the recorded plat thereof, Hennepin County, Minnesota, except that part of said South 40 feet within the Ponding Ease- ment Area as described in Exhibit B to the Grant of Easement to which this Exhibit C is attached. EXHIBIT D TO GRANT OF EASEMENT BETWEEN GRANTOR AND CITY OF EDINA Mann Theatre Property Lot 1, Block 1, Mann France Avenue Theatre Addition, according to the recorded plat thereof, Hennepin County, Minnesota. r.� � • �. 1`�a..YL�a_ n".. �� 6er... •, � = v �� .�.. - t- 5J x,,� _ w .t�:.' i'. r ?- � f- 1. s� y'^' i •rJ:..k:-,. - "- s�... } y �.:o* ; c�.•� aY�I.'..r. -_ Z�'°'.,;. ,�"'_� -►it.r ��-, r' ' �', F'?+� +• :15 - , - t. � �:. ,�sr ` �fSr �1F��`i:-- i� -.�,� ..c.� :�:^c,�:�`ta r.,,,,t. .•�'`s ,' ��- �,, f�`f^. � �..�;ti., i - `�� `S� � �. � ,y. �iy► { �y z "�'+•"�' -L. '4'• '• r._VS�s'p- - G+.r+'�t'`f'+Y^ti,L''� b 'r`y 1 r,i�'�''ie,.�4�d,?'" r'r�2�.�±�i' °5.�'Y� � '�`y'��;_•,` y�1J'�".�:?' �''N�i9?°.� %4„- ;1G.i'S�,- �,��"a ,`y'� 3T" , '�C1 h",: �•'?!� j' ^�tiP :t� Wi t. o n y5'. i a% 4 +^ w ; S^` /� b +'�S { `` _t 1�.► '!,mot tr�o!*� � 0A, r � w•" s� • ~,'►� 41P cm* --tuamw Zs�: wri.,`"'� ti_.- .a. �_�- .:,Y�,. .- ��..1!Y;:�_"M.A'.y�,�'�>'.' �;^c,+'�1x.+`v -* �-ri I� /.`' f ��14:... �_ -alh.. - i.'!.•Sa r��.. �yt -\bt i`q, �• �:'v y.�yy+VC.. r G �� t °. • �, �c,%��O rte ;,�r�.��v cv CQQ`l OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON MAR 19 1979 REGISTRAR OF TITLES BY DUUJX v - E i