Loading...
HomeMy WebLinkAbout2169Z1Lg NOTICE OF ADVERSE CLAIM (Section 508.70 Minnesota Statutes) First Southdale National Bank of Edina, a national banking association has entered into an Agreement with the City of Edina, a municipal corporation, covering properties situated in Hennepin County, Minnesota, described as follows: Lot 1, Block 1, except that part thereof which lies Northwesterly of a line drawn from a point on the North line of Section 32, Township 28, Range 24, distant 110 feet Easterly of the North- west corner of said Section to a point on the West line thereof distant 110 feet Southerly of said Northwest-corner; and Lot 2, Block 1, except the Easterly 70 feet thereof; Yorktown, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. The registered owner of the above - described property is First Southdale National Bank of Edina, a national banking association and said owner has been unable to locate Owners Duplicate Certificate of Title No. 596018 covering the above - described property so that said Agree- ment can be filed of record as to the property covered by said Certificate of Title No. 596018. The Agreement gives to the City of Edina an interest in said property adverse to said registered owner. An executed copy of said Agreement is attached hereto and made a part hereof. The registered owner of the above - described property is, as stated, First Southdale National Bank of Edina, a national banking association, as evidenced by Certificate of Title No. 596018, in Volume 1977, page 596018. ", The address of the City of Edina is 4801 West 50th Street, Edina, Minnesota, and any notice or notices to be served upon it under this Notice of Adverse Claim may be served upon it at such address. Dated: February 16, 1982. CITY OF INA By// I s Manager And ,.-� _ Its Clerk VERIFICATION the Manager and 0 the Clerk of the City of Edina, have read the foregoing-Notice of Adverse Claim and know the contents thereof and herein state that the same is true and correct to their best know- ledge and belief. Clerk Subscribed and sworn to before me this %(o,Ztday of February, 1982. :zr ^ °�,. LORRAINE 0. MACZIEWSKI �,e�!�� NOTARY PUBLIC - MINN88OTA ` ..' My Co NNEPIIN�IC:OUN 5 Ysss -2- AGREEMENT THIS AGREEMENT, made and entered into this 16th day of Sept., 1981, by and between First Southdale National Bank of Edina, a national banking association ( "Bank "), with its principal office at 7001 France Avenue South, Edina, Minne- sota, and the City of Edina, a municipal corporation ( "City "). TYMf/ T MIA T 0 FIRST: Bank is the owner of certain real property (the "Property ") located in the City of Edina, County of Hennepin, State of Minnesota, legally described on Exhibit A attached hereto, on which it conducts its banking business, and SECOND: Bank proposes to construct on said Property an addition of approximately 23,260 square feet to the existing Bank building ( "Building "), and THIRD: Bank has previously submitted to City a parking plan which plan currently provides for 174 parking stalls as required by City ordinances, and FOURTH: Under the provisions of the City ordinances, approximately 115 additional parking spaces are required for the addition to the Building, and FIFTH: Bank is of the opinion that an additional 115 parking stalls for the remodeling and expansion, as required under the City ordinances of Edina, are not required for the operation of the additional remodeling of the Building and has requested a temporary parking variance allowing the construction to be commenced and to include 60 additional parking stalls rather than the required 115 additional stalls as necessary and appropriate. NOW, THEREFORE, in consideration of the premises and covenants hereafter contained, it is hereby agreed by and between the parties: 1. The addition of 60 additional stalls in connection with the Bank remodeling is hereby conditioned upon the requirement that at such future date or time in the deter- mination by the City Planner or City Manager that if such additional parking stalls are required on the Property, the Bank will, at its sole cost and expense, construct such additional parking stalls up to a maximum of 55 additional parking stalls in number. The additional parking stalls shall be built pursuant to a new parking plan to be approved by the City, which parking plan shall comply with the then applicable ordinances of the City. -2- 2. The City Manager or City Planner shall notify Bank in writing, by registered or certified mail, in the event the City determines that the existing parking of 174 stalls plus the additional 60 to be constructed on the Property to be inadequate and specifying in such notice the required number of additional parking stalls, up to a maximum of 55, which are required to be built. 3. The Bank shall construct such additional parking stalls in accordance with a plan to be then approved by the City, which will comply with the then existing ordinances. Such additional stalls shall be completed within ninety (90) days after the approval or rejection of the new parking plan, if any, by City. The construction period provided herein shall be extended by reason of delays due to weather, labor disputes, material shortages or unavailability, unavoidable casualties, acts of God, the public enemy or other causes beyond the control of Bank. 4. If any term, condition, or provision of this Agree- ment, or the application thereof, to any person or circum- stance, shall, to any extent be held to be invalid or unen- forceable, the remainder hereof and the application of such term, provision and condition to persons or circumstances -3- other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Agree- ment, and all the terms, provisions, and conditions hereof, shall, in all other respects, continue to be effective and to be completed with to the full extent permitted by law. 5. In the event that Bank 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 it, then, in that event, in addition to any other remedies then available to the City at law or in equity, the City may (i) revoke this variance, in which case Bank shall immediately construct all parking stalls required by the then existing ordinances, in full compliance with the original plan and all then applicable ordinances of the City, or (ii) enter upon the Property such men, equipment, and materials as the City deems necessary for the purpose of performing the obligations of Bank here- under that it has then failed or refused to perform, or, at the City's discretion, of constructing all such additional parking stalls, up to a maximum of 55, whether or not then required hereunder to be constructed, without liability or obligation of any kind to any owner or occupant of the QM Property for trespass or damage to the Property or improve- ments thereon, (iii) obtain enforcement of this Agreement by court order for mandatory injunction or other appropriate relief, or (iv) revoke, or withhold and deny, any building permits, certificates of occupancy, utility connection permits, and any other permits and approvals, previously granted, issued, or given by the City, or then to be granted, issued, or given by the City, for the construction or oc- cupancy of any or all of the improvements on the Property, until such failure or refusal ends and the obligations of Bank are fully complied with. All of the foregoing remedies shall be usable and enforceable by the City separately or concurrently as the City shall determine, and the use of one remedy shall not waive or preclude the use of any one or more of the other remedies. Also, the failure to exercise, or delay in exercising, any remedy hereunder in the event of a failure or refusal by Bank shall not preclude the City from thereafter exercising any of its remedies for the same or a subsequent failure or refusal. Bank agrees to pay to the City any and all costs and expenses incurred by the City in enforcing this Agreement by use of the remedies above set out or by other remedy or means available to the City at law -5- or in equity, including attorneys' fees, whether suit be brought or not, and with interest on all such costs and expenses at eight percent (8 %) per annum from the dates incurred by the City until paid. 6. 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 Property and be binding upon all present and future owners of the Property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. FIRST SOUTHDALE NATIONAL BANK OF EDINA By L "e[ lit l l A- Its CITY OF ED NA By a I � ACKNOWLEDGMENTS STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing in trument was acknowledged before me this /6 -day of 1981, by V f s�wr�the - �> of First Southdale National Bank of Edina, a national banking association, on behalf of said Bank. Notary Public(/ tc�- nPv.,1:NESOTA COi J7uTY "'n , 0 , Ex,,,res Mar, 29..1988 ti.nnn,,,,n,....- STATE OF MINNESOTA) : ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledg d before me this `�' day of 1981, by <e�u andrL'fft9 X0S /1*X respectively the Mayor and Manager of the City of Edina, a municipal corporation, on behalf of said corporation. CRAIG L. LARS -N . NOTARY PUBLIC. MINNESOTA HENNEPIN COUNTY N ry u My Commission Expires Sept. 15, 1984 THIS INSTRUMENT DRAFTED BY: KUTAK ROCK & HUIE 700 Pillsbury Center Minneapolis, Minnesota 55402 -7- y VYPTRTT A 'Lot 1, Block 1, except that part thereof which lies North - westerly of a line drawn from a point on the North line of Section 32, Township 28, Range 24, distant 110 feet Easterly of the Northwest corner of said Section to a point on the West line thereof distant 110 feet Southerly of said North- west corner; and Lot 2, Block 1, except the Easterly 70 feet thereof; Yorktown, according to the plat thereof on file or of record in office of Registrar of Titles in and for Hennepin County, Minnesota. \_ OFFICE OF THE RrGigrmf OF TITLES HENNEPIN COUNTY. MINNESOTR CERTIFIED FILED ON MAR 21982 � y REGISTRAR OF TITLES, BY DEPUTY �jf i1 7,' , + AGREEMENT THIS AGREEMENT, made and entered into this 16th day of Sept., 1981, by and between First Southdale National Bank of Edina, a national banking association ( "Bank "), with its principal office at 7001 France Avenue South, Edina, Minne- sota, and the City of Edina, a municipal corporation ( "City"). RECITALS FIRST: Bank is the owner of certain real property (the "Property ") located in the City of Edina, County of Hennepin, State of Minnesota, legally described on Exhibit A attached hereto, on which it conducts its banking business, and SECOND: Bank proposes to construct on said Property an addition of approximately 23,260 square feet to the existing Bank building ( "Building "), and THIRD: Bank has previously submitted to City a parking plan which plan currently provides for 174 parking stalls as required by City ordinances, and FOURTH: Under the provisions of the City ordinances, approximately 115 additional parking spaces are required for the addition to the Building, and a FIFTH: Bank is of the opinion that an additional 115 parking stalls for the remodeling and expansion, as required !� under the City ordinances of Edina, are not required for the operation of the additional remodeling of the Building and has requested a temporary parking variance allowing the construction to be commenced and to include 60 additional parking stalls rather than the required 115 additional stalls as necessary and appropriate. 0 the premises and I; NOW, THEREFORE, in consideration-of P covenants hereafter contained, it is hereby agreed by and the be tween P arties: 1. The addition of 60 additional stalls in connection with the Bank remodeling is hereby conditioned upon the requirement that at such future date or time in the deter- mination by the City Planner or City Manager that if such additional parking stalls are required on the Property, the Bank will, at its sole cost and expense, construct such additional parking stalls up to a maximum of 55 additional ..__i,_ev c+ -a11G in number. The additional parking stalls shall be built pursuant to a new parking plan to be approved by the City, which parking plan shall comply with the then applicable ordinances of the City. -2- 2. The City Manager or City Planner shall notify Bank in writing, by registered or certified mail, in the event the City determines that the existing parking of 174 stalls plus the additional 60 to be constructed on the Property to be inadequate and specifying in such notice the required number of additional parking stalls, up to a maximum of 55, which are required to be built. 3. The Bank shall construct such additional parking stalls in accordance with a plan to be then approved by the City, which will comply with the then existing ordinances. Such additional stalls shall be completed within ninety (90) days after the approval or rejection of the new parking plan, if any, by City. The construction period provided herein shall be extended by reason of delays due to weather, labor disputes, material shortages or unavailability, unavoidable casualties, acts of God, the public enemy or other causes beyond the control of Bank. 4. If any term, condition, or provision of this Agree- ment, or the application thereof, to any person or circum- stance, shall, to any extent be held to be invalid or unen- forceable, the remainder hereof and the application of such term, provision and condition to persons or circumstances -3- y other than those as to whom it shall be held invalid or j unenforceable shall not be affected thereby, and this Agree- ment, and all the terms, provisions, and conditions hereof, shall, in all other respects, continue to be effective and to be completed with to the full extent permitted by law. 5. In the event that Bank 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 it, then, in that event, in addition to any other remedies then available to the City at law or in equity, the City may (i) revoke this variance, in which case Bank shall immediately construct all parking stalls required by the then existing ordinances, in full compliance with the original plan and all then applicable ordinances of the City, or (ii) enter upon the Property such men, equipment, and materials as the City deems necessary for the purpose of performing the obligations of Bank here- under that it has then failed or refused to perform, or, at the City's discretion, of constructing all such additional parking stalls, up to a maximum of 55, whether or not then required hereunder to be constructed, without liability or obligation of any kind to any owner or occupant of the -4- )r Property for trespass or damage to the Property or improve- ments thereon, (iii) obtain enforcement of this Agreement by court order for mandatory injunction or other appropriate relief, or (iv) revoke, or withhold and deny, any building permits, certificates of occupancy, utility connection permits, and any other permits and approvals, previously granted, issued, or given by the City, or then to be granted, issued, or given by the City, for the construction or oc- cupancy of any or all of the improvements on the Property, until such failure or refusal ends and the obligations of Bank are fully complied with. All of the foregoing remedies shall be usable and enforceable by the City separately or concurrently as the City shall determine, and the use of one remedy shall not waive or preclude the use of any one or more of the other remedies. Also, the failure to exercise, or delay in exercising, any remedy hereunder in the event of a failure or refusal by Bank shall not preclude the City from thereafter exercising any of its remedies for the same or a subsequent failure or refusal. Bank agrees to pay to the City any and all costs and expenses incurred by the City in enforcing this Agreement by use of the remedies above set out or by other remedy or means available to the City at law -5- or in equity, including attorneys' fees, whether suit be brought or not, and with interest on all such costs and expenses at eight percent (8 %) per annum from the dates incurred by the City until paid. 6. 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 Property and be binding upon all present and future owners of the Property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. FIRST SOUTHDALE NATIONAL BANK OF EDINA By Ild ,`// Its v�.,�, _4 t i CITY OF ED NA By Its By , Its f ✓7 !/ -6- STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) )WLEDGMENTS N The �oregoing in trument was acknowledged before me this W -day of eat/ 1981, by the �.icL - of First Southdale National Bank of Edina, a national banking association, on behalf of said Bank. Notary Public(/ �,,,��,��•,�^ „ Ei 1/ ` tJO±ARY PU3UC- MINNESOTA �_Et F Fiji; ?yc.r'IN cour�rY t: "y Ccmmisson Expires Mar. 29. I988 STATE OF MINNESOTA) . ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1981, byc,rx respectively the Mayor and Manager of the City of Edina, a municipal corporation, on behalf of said corporation. • ���� CRAIG L. LARSEN yyym `- ito�rk NOTARY PU6UC MINNESOTA { HENNEPIN COUNTY N ry u ,.. My Commission Expires Sept. 15, 1934 THIS INSTRUMENT DRAFTED BY: KUTAK ROCK & HUIE 700 Pillsbury Center Minneapolis, Minnesota 55402