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HomeMy WebLinkAbout2232Drafted By: WA -'°('I ! ° "MEET, EDINA. MINNESOTA 55424 2 Z 3 Z. A RESOLUTION RELEASING CERTAIN RESTRICTIONS IN A DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS AND GRANTING CERTAIN CONSENTS PURSUANT TO A GRANT OF EASEMENT WHEREAS, Yorktown Investment Co., Inc., a Minnesota corporation, Glacier Sand and Gravel Comany, a Minnesota corporation, and George J. Ablah! and Virginia L. Ablah, husband and wife (hereinafter together called "Former Owners "), have executed and delivered that certain instrument dated May 3, 1972 entitled "Declaration of Restrictions and Protective Covenants," filed as Document No. 1033727 in the office,of the Registrar of Titles, Hennepin County, Minnesota (the "Declaration ");. and WHEREAS, the Declaration applies, in part, to Lot 1, Block 2, Yorktown, according to the recorded plat thereof, Hennepin County, Minnesota (the "Subject Lot"); and WHEREAS, the Subject Lot is defined in the Declaration as being one of the Yorktown Lots; and WHEREAS, the Declaration provides, in part, at Paragraph 8, page 6: "The covenants and restrictions herein contained may be released only by the Village of Edina and may be released as to any one or more of the Yorktown Lots by the Village of Edina, at any time and from time to time, by its sole act. Any such release shall be made or done by resolution of the Edina Village Council and shall be effective only upon the recording of such resolution in the same office in which this irstr, -,meet has been recorded"; and WHEREAS, Former Owners did, by instrument entitled "Grant of Easement" dated May 3, 1972, filed as Document No. 1033728 in the office of the Registrar of'Titles, Hennepin County (the "Easement "), grant, bargain, sell and convey unto the Village of Edina certain easements and rights in and over the Subject Lot; and WHEREAS, the present owner of the Subject Lot, Dayton- Hudson Corporation, a Minnesota corporation, (the "Present Owner "), has petitioned.the City of Edina (formerly the Village of Edina) to release a portion of the restrictions applicable-to the Subject Lot, as contained in the Declaration, and to modify the easements in and over the Subject Lot as contained in and granted by the Easement; and WHEREAS, the City of Edina, by its City Council, is willing to partially release said restrictions, and modify said easements, -all as provided in the following resolutions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, that the provisions of paragraph 5(a)(i) of the Declaration, which read as follows: "No driveway or parking area shall be constructed or maintained closer than 35 feet to the sides or front of any building located upon the lot, except for driveways along the sides of a building used to pick up merchandise purchased from the business operation on the lot, and except for maneuvering space on the sides of a building for trucks to load and unload -2- are released so as to permit, and only to the extent necessary to permit, (i) a parking area and driveway to be constructed and maintained adjacent and contiguous to the south side of the existing building as shown on a drawing entitled Target Center Southdale (Site Work) Sheet #A1 , dated July 27 , 1983 , (the "Drawing "), a copy of which is in the permanent records of the City of Edina, and (ii) closure of the existing Easterly curb cut and access driveway to Hazelton Road as shown on the Drawing and relocation of such curb cut and access driveway to the new location shown, on the Drawing, all to be done at the sole cost and expense of the owner of the Subject Lot, including, without limitation, payment by such owner of the cost of moving fire hydrants and other public or private utilities affected by such closure and relocation; provided, however, that said release shall continue and be effective only so long as the building now existing on the Subject Lot, or any replacement -- building of the same size, shape, height and location of the existing building, remains on the Subject Lot, and upon demolition or removal of the existing or any such replacement building without replacing the same with a building of the same size, shape, height and location as the then prior building, the provisions of paragraph 5(a)(i) of the Declaration shall be reinstated, and the new curb cut and access driveway shown on the Drawing shall be removed and the curb replaced and the area of the new access driveway restored -3- with a berm, sod and vegetation to a condition continuous with, similar to and esthetically compatible with (all as reasonably determined by the City of Edina), the then existing berming, sod and vegetation along the Southerly line of the Subject lot, all at the expense of the owner of the Subject Lot; BE IT FURTHER RESOLVED, that the consent of the City of Edina is hereby given to the closure of the existing Easterly curb cut and access driveway along the Southerly line of the Subject Lot and relocation of such curb cut and access driveway from the location shown in the Drawing (being the same location shown in Exhibit A to the Easement) to the new location shown on the Drawing, all to be done at the sole cost and expense of the owner of the Subject Lot, including, without limitation, payment by such owner of the cost of moving fire hydrants and other public or private utilities affected by such closure and relocation; provided, however, that this consent shall be effective and continue only so long as the release given pursuant to the foregoing Resolution is effective and continues, as provided in the foregoing Resolution, and upon termination of this consent the provisions of the Easement relative to the location of curb cuts and access driveways shall again apply and be binding on the owners, occupiers and encumbrancers of the Subject Lot; BE IT FURTHER RESOLVED, that the closure of the existing curb cut and access driveway and the relocation and am construction of the new curb cut and access driveway shall be done only pursuant to plans and specifications which must be approved in writing by the City Engineer of the City of Edina prior to the issuance by the City of Edina of any permits for, or the start of any work on, such closure or relocation. BE IT FURTHER RESOLVED, that the City Clerk of the City of Edina, once these Resolutions become effective, is directed to furnish to Present Owner a true and correct copy of these Resolutions, in recordable form; and BE IT FURTHER RESOLVED, that these Resolutions shall be effective only upon execution of the Consent and Agreement below set out by Present Owner, and the recording of a copy of these Resolutions in the same office in which the Declaration and Easement are recorded. ADOPTED BY THE CITY COUNCIL OF THE CITY OF EDINA ON THE 18TH DAY OF ATTEST: JULY --A. City Clerk 1983. Mayor -5- CONSENT AND AGREEMENT DAYTON- HUDSON CORPORATION, a Minnesota corporation, the present owner of the Subject Lot above defined, for itself, and all future owners, occupiers and encumbrancers of the Subject Lot, in consideration of the release and consent given by the City of Edina as set out in the foregoing resolutions, hereby consents to and agrees with the provisions of the foregoing resolutions of the City Council of the City of Edina. Dated: /L 1983 DAYTON - HUDSON CORPORA ION By Its Sr. e President- gRt_.5tores And Its 1�t 4c1. CC1i ? ;L� STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) On. this LAN. day of ���,�;5/ -- 1983, before me. a Nota Publ'c within and for said (�6unty, persppally appeared Ljr_ce_�: lf_t&1r,41 and l�)l 111 r r» P / , to me per ally known, who, being each by me duly sworn, did say that hey are respectively the �r.14ee-Aea jfp�t ti� and ' of DAYTON -HUD ON ORPORATION, a Minnesota corpo ation, behalf of the corporation. r , [My �NOTARY VUBUC -- MINNESOTA Notary ublic HENNEPIN COUNTY commission expires May 17, 1985 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of July 18, 1983, and as recorded in the Minutes of said Regular Meeting. 14ITNESS my hand and seal of said City this 10th day of August, 1983. City Clerk �II . Z x.54490 o � COPS OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON NOV 21983 0 REGISTRAR OF T1TLBg BY DEPUrV CHICAGO TITLE INSURANCE Co, ABSTRACT TORRBNS Nili�I`IEr1PC}l.l�. ' 554 2021, 880 WEST-FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA 55101 (612) 227- 8017 P. O. 80X 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 ZZ3Z HORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 TELEX: 29-0605 TELECOPIER : (612) 340 -2868 Mr. Gordon L. Hughes City of Edina 4801 West 50th Street Edina, Minnesota 55424 THOMAS S. ERICKSON, P. A. (612) 340 -2659 September 1, 1983 Re: Target Stores - Consent to Resolution Dear Gordon: 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406) 727 -3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202)296 -2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL! (1) 562 32 50 I am returning to you for the City's files one executed copy of the Edina City Council Resolution relating to the above, together with the Consent executed by Dayton - Hudson Corporation. I am advised by Dayton - Hudson that the document is being recorded, and I will furnish you the recording data when it has been given to us. very truly yours, I TSE:jd Thomas S. Erickson enclosure zz3z "CITY of EDINA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612 - 927 -8861 A RESOLUTION RELEASING CERTAIN RESTRICTIONS IN A DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS AND GRANTING CERTAIN CONSENTS PURSUANT TO A GRANT OF EASEMENT WHEREAS, Yorktown Investment Co., Inc., a Minnesota corporation, Glacier Sand and Gravel Comany, a Minnesota corporation, and George J. Ablah and Virginia L. Ablah, husband and wife (hereinafter together called "Former Owners "), have executed and delivered that certain instrument dated May 3, 1972 entitled "Declaration of Restrictions and Protective Covenants," filed as Document No. 1033727 in the office of the Registrar of Titles, Hennepin County, Minnesota (the "Declaration "); and WHEREAS, the Declaration applies, in part, to Lot 1, Block 2, Yorktown, according to the recorded plat thereof, Hennepin County, Minnesota (the "Subject Lot"); and WHEREAS, the Subject Lot is defined in the Declaration as being one of the Yorktown Lots; and WHEREAS, the Declaration provides, in part, at Paragraph 8, page 6: "The covenants and restrictions herein contained may be released only by the Village of Edina and may be released as to any one or more of the Yorktown Lots by the Village of Edina, at any time and from time to time, by its sole act. Any such release shall be made or done by resolution of the Edina Village Council and shall be effective only upon the recording of such resolution in the same office in which this instrument has been recorded "; and WHEREAS, Former Owners did, by instrument entitled "Grant of Easement" dated May 3, 1972, filed as Document No. 1033728 in the office of the Registrar of Titles, Hennepin County (the "Easement "), grant, bargain, sell and convey unto the Village of Edina certain easements and rights in and over the Subject Lot; and WHEREAS, the present owner of the Subject Lot, Dayton - Hudson Corporation, a Minnesota corporation, (the "Present Owner "), has petitioned the City of Edina (formerly the Village of Edina) to release a portion of the restrictions applicable to the Subject Lot, as contained in the Declaration, and to modify the easements in and over the Subject Lot as contained in and granted by the Easement; and WHEREAS, the City of Edina, by its City Council, is willing to partially release said restrictions, and modify said easements, all as provided in the following resolutions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, that the provisions of paragraph 5(a)(i) of the Declaration, which read as follows: "No driveway or parking area shall be constructed or maintained closer than 35 feet to the sides or front of any building located upon the lot, except for driveways along the sides of a building used to pick up merchandise purchased from the business operation on the lot, and except for maneuvering space on the sides of a building for trucks to load and unload "; -2- are released so as to permit, and only to the extent necessary to permit, (i) a parking area and driveway to be constructed and maintained adjacent and contiguous to the south side of the existing building as shown on a drawing entitled Target Center Southdale (Site Work) Sheet #Al dated July 27. , 1983 , (the "Drawing "), a copy of which is in the permanent records of the City of Edina, and (ii) closure of the existing Easterly curb cut and access driveway to Hazelton Road as shown on the Drawing and relocation of such curb cut and access driveway to the new location shown on the Drawing, all to be done at the sole cost and expense of the owner of the Subject Lot, including, without limitation, payment by such owner of the cost of moving fire hydrants and other public or private utilities affected by such closure and relocation; provided, however, that said release shall continue and be effective only so long as the building now existing on the Subject Lot, or any replacement building of the same size, shape, height and location of the existing building, remains on the Subject Lot, and upon demolition or removal of the existing or any such replacement building without replacing the same with a building of the same size, shape, height and location as the then prior building, the provisions of paragraph 5(a)(i) of the Declaration shall be reinstated, and the new curb cut and access driveway shown on the Drawing shall be removed and the curb replaced and the area of the new access driveway restored -3- with a berm, sod and vegetation to a condition continuous with, similar to and esthetically compatible with (all as reasonably determined by the City of Edina), the then existing berming, sod and vegetation along the Southerly line of the Subject lot, all at the expense of the owner of the Subject Lot; BE IT FURTHER RESOLVED, that the consent of the City of Edina is hereby given to the closure of the existing Easterly curb cut and access driveway along the Southerly line of the Subject Lot and relocation of such curb cut and access driveway from the location shown in the Drawing (being the same location shown in Exhibit A to the Easement) to the new location shown on the Drawing, all to be done at the sole cost and expense of the owner of the Subject Lot, including, without limitation, payment by such owner of the cost of moving fire hydrants and other public or private utilities affected by such closure and relocation; provided, however, that this consent shall be effective and continue only so long as the release given pursuant to the foregoing Resolution is effective and continues, as provided in the foregoing Resolution, and upon termination of this consent the provisions of the Easement relative to the location of curb cuts and access driveways shall again apply and be binding on the owners, occupiers and encumbrancers of the Subject Lot; BE IT FURTHER RESOLVED, that the closure of the existing curb cut and access driveway and the relocation and -4- construction of the new curb cut and access driveway shall be done only pursuant to plans and specifications which must be approved in writing by the City Engineer of the City of Edina prior to the issuance by the City of Edina of any permits for, or the start of any work on, such closure or relocation. BE IT FURTHER RESOLVED, that the City Clerk of the City of Edina, once these Resolutions become effective, is directed to furnish to Present Owner a true and correct copy of these Resolutions, in recordable form; and BE IT FURTHER RESOLVED, that these Resolutions shall be effective only upon execution of the Consent and Agreement below set out by Present Owner, and the recording of a copy of these Resolutions in the same office in which the Declaration and Easement are recorded. ADOPTED BY THE CITY COUNCIL OF THE CITY OF EDINA ON THE 18TH DAY OF JULY 1983. ayor ATTEST: -A44� -A, at'k- City Clerk -5- V CONSENT AND AGREEMENT I i DAYTON - HUDSON CORPORATION, a the present owner of the Subject Lot and all future owners, occupiers and Subject Lot, in consideration of the by the City of Edina as set out in th hereby consents to and agrees with th, foregoing resolutions of the City Coui Dated: 1983 STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) aMinnesota corporation, bove defined, for itself, Oncumbrancers of the elease and consent given foregoing resolutions, provisions of the acil of the City of Edina. DAY70N- HUDSON CORPORATION By On this /R4. day of Notary Public within and for said . R OR -.6, rata �q,&, and W, personally known, who, being each b that they are respectively the d0,0 1 � Q S;alrzl , of DAY Minnesota corporation, V behalf of d' Ba4aza L. Ezicidon NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires May 17, 1985 Z. 31U .. ItE r , 1983, before me, a nty, personally appeared rn P 1"A_1 , to me menduly__gaorn, did say /d,�Q t .S`{ A, and N- HUDSON CORPORATION, a he corporation. rq ♦'(IOMWEL— QWW,&%.—_A—QJ • Rl STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of July 18, 1983, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 10th day of August, 1983. City Clerk