HomeMy WebLinkAbout2253510 NORTH CENTRAL LIFE TOWER
445 MINNESOTA STREET
ST. PAUL,MINNESOTA 55101
(612) 227 -8017
P. 0. BOX 846
340 FIRST NATIONAL BANK BUILDING
ROCHESTER, MINNESOTA 55903
(507) 288 -3156
ZZ S3
DORSEY & WHITNEY
A Partnership Including Professional Corporations
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
(612) 340 -2600
TELEX:29 -0605
TELECOPIER : (612) 340-2868
312 FIRST NATIONAL BANK BUILDING THOMAS S. ERICKSON, P. A.
WAYZATA, MINNESOTA 55391
(612)475 -0373 (612) 340 -2659
February 16, 1984
Mr. Fran Hoffman
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Dear Fran:
201 DAVIDSON BUILDING
8 THIRD STREET NORTH
GREAT FALLS, MONTANA 59,401
(406) 727 -3632
SUITE 675 NORTH
1800 M STREET N. W.
WASHINGTON, D. C. 20036
(202) 955 -1050
30 RUE LA BO&nE
75008 PARIS, FRANCE
O11 331 562 32 50
Re: Outlot C, Walnut Ridge Third Addition
Attached hereto is a memorandum to me from deEtt
Allen, one of our paralegals, relative to the City easements
on Outlot C, Walnut Ridge Third Addition. In addition to
the older easements which are noted on the memorandum,
there is attached a copy of the easements given by Novus
Property Company on December 7, 1983. Please review this
grant of easements and let me know if there are any problems.
I am specifically concerned with the last full paragraph
on page 1 which relates to construction of improvements
on the easements. I know you were worried about the existence
of improvements already on the easements. Also, the last
paragraph of the easements seems to state there are, in
fact, some improvements over the easements which were granted
to you. Do these easement descriptions and the improvements
on the easement areas (if any) cause you any difficulties?
If so, please let me know.
Very truly yours,
Thomas S. Erickson
TSE:jd
enclosure
MEMORANDUM
TO: Tom Erickson
FROM: deEtt Allen
RE: Outlot C, Walnut Ridge Third Addition
Title to this property is owned by Novus Property
Company, a Massachusetts Business Trust, Certificate of
Title No. 642774.
There is memorialized on said Certificate the
following easements relating to Edina:
982801 Easement dated 11 -6 -70 filed 11 -16 -70 for Scenic
and Open Space over property described as follows:
All that part of Outlot C . . . described as:
Commencing at the point of intersection of the
North line of said Outlot C and a line drawn parallel
with and 80 feet Westerly of the East line of said
Outlot C; thence Southerly along a line drawn
parallel with and 80 feet Westerly of the East line
of said Outlot C to the point of intersection of
said parallel line with the Northerly line, extended
Westerly, of West 60th Street as shown on the plat
of Walnut Ridge and Walnut Ridge First Addition;
thence Southwesterly to the point of intersection
of the Southerly line, extended Westerly, of said
West 60th Street with a line drawn parallel with
and 80 feet Westerly of the East line of said
Outlot C; thence Southerly along a line drawn
parallel with and 80 feet Westerly of the East
line of said Outlot C to the Southerly line of
said Outlot C and there terminating. /,I
1363354 Easement dated 12 -11 -79 filed 12 -20 -70 granting
an easement in perpetuity for drainage - purposes over
Westerly 15 feet of the South 560 feet of the North
925 feet of Outlot C.
1550711 Copy Attached.
2 -14 -84
yRAKtS ,C-cF € N TU Za
DEPh''`S T of PROPERTY TAXATION
DEC 8 1983
"i NF:PiN COUNTY MILAN.
1550711
GRANT OF EASEMENTS
11/18/83
Novus Property Company, a Massachusetts Business Trust
qualified to do business under the laws of Minnesota pursuant to
Chapter 318, Lows of Minnesota (Grantor), is the owner of the
following described tracts of land:
The North 426.5 feet of Outlot C, Walnut
Ridge Third Addition, according to the plat
thereof on file in the office of the
Registrar of Titles, Hennepin County,
Minnesota (North Tract),
and
That Part of Outlot C, Walnut Ridge Third
Addition, lying South of the North 426.5 feet
thereof, according to the plat thereof on
file in the office of the Registrar of
Titles, Hennepin County, Minnesota (South
Tract).
Grantor hereby grants to the City of Edina, a municipal
corporation, organized under the laws of the State of Minnesota
(Grantee), and its successors and assigns, the following
easements:
1. A non - exclusive easement described on Exhibit A,
attached, over the North and South Tracts to provide access for
the purpose of service, inspection, maintenance, and replacement
of the hydrants now located on the Tracts as indicated on
Exhibit B, attached.
2. A non - exclusive easement over and beneath the North and
South Tracts described on Exhibit C, attached, for the purpose of
maintaining, servicing and replacement of sanitary sewer pipes
and water mains.
Grantor, for itself, its successors and assigns, agrees
not to erect any improvements or plant any shrubbery or trees on
the premises subject to the easement described in Exhibit C which
would interfere with the grant of easements set forth herein. In
the event grantee enters upon Outlot C, Walnut Ridge Third
Addition for the purpose of maintaining, servicing and replacing
the sanitary sewer pipes and /or water mains, grantee agrees to
repair any damage done to the premises in connection with such
activities and restore the improvements to the condition prior to
the making of any servicing, maintenance or replacement.
Notwithstanding the provisions above set forth, the
parties hereto agree that there now exists a swimming pool with
f
adjacent decks and a tennis court located on a portion of the
premises described in Exhibit C. Grantor agrees that grantee has
no obligation to restore the swimming pool with adjacent decks or
the tennis court in case of damage by the grantee in the
servicing, maintaining or replacement of sanitary sewer pipes
and /or water main.
IN TESTIMONY WHEREOF, Novus Property Company has
executed this Grant of Easements this 7th day of December,
1983.
NOVUS PROPERTY COMPANY
By_�
Its Vice Pr ent
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledge before me
this 1_ day of December, 1983, by T. A. Rocheford, Jr., Vice
President of Novus Property Company, a Massachusetts Business
Trust qualified to do business under the laws of Minnesota
pursuant to Chapter 318, Laws of Minnesota, on behalf of the
Trust.
Notary Public
COUNTY G
THIS INSTRUMENT WAS DRAFTED BY: My Commission Expires April 20, 1984,
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MACKALL, CROUNSE & MOORE
1600 TCF Tower
Minneapolis, Minnesota 55402
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EXHIBIT A
EASEMENT FOR HYDRANT ACCESS
A 28 foot easement for ingress and egress over, under and across Outlot C,
Walnut Ridge Third Addition, according to the plat thereof on file or of record
in the office of the Registrar of Titles, Hennepin County, Minnesota., The
centerline of said easement-is described as follows:
Commencing at the southeast corner of said Outlot C; thence South 62 029'21"
West, assumed bearing,'along the southerly line of said Outlot C a distance
of 392.33 feet to the point of beginning of centerline to be described;
thence North 27 024123" West a distance of 60.97 feet; thence North 63 °33'02"
East a distance of 94.14 feet; thence North 67 °33'00" East a distance of
99.97 feet; thence North 64 025'49" East a distance of 52.25 feet; thence
northerly 61.50 feet along a tangential curve, concave to the northwest
having a radius of 51.56 feet and a central angle of 68 020'08 "; thence
North 3 054119" West tangent to said curve a distance of 373.48 feet; thence
westerly 51.45 feet along a tangential curve concave to the southwest
having a radius of 34.20 feet and a central angle of 86 °11'10 "; thence
South 89 °54'31" West tangent to last described curve a distance of 89.63
feet to a point hereinafter known as point A; thence South 0 006'16" East
a distance of 263.17 feet; thence South 34 039'13" West a distance of
61.75 feet; thence South 89 031'25" West a distance of 241 feet and
there said centerline terminates.
Together with a 28 foot easement for ingress and egress over, under and across
the above described property. The centerline of said easement is described as
follows:
Beginning at the above mentioned point A; thence North 0 °06'16" West a
distance of 181.44 feet; .thence North 89 048'25" West a distance of
256.23 feet; thence North 0 011'35" East a distance of 20.50 feet and there
said centerline terminates.
EXHIBIT B
UTILITY EASEMENT FOR HYDRANTS
A 15 foot easement for utility purposes over, under and across Outlot C, Walnut
Ridge Third Addition, according to the plat thereof on file or of record in the
office of the Registrar of Titles, Hennepin County, Minnesota.- The centerline
of said easement is described as follows:
Commencing at the southeast corner of said Outlot C; thence South 62 °29'21"
West, assumed bearing, along the southerly line of said Outlot C a distance
of 392.33 feet; thence North 27 °24'23" West a distance of 60.97 feet;
thence North 63 033'02" East a distance of 94.14 feet; thence North 67 °33'00"
East a distance of 99.97 feet; thence North 64 °25'49" East a distance of
52.25 feet; thence northerly 61.50 feet along a tangential curve, concave
to the northwest having a radius of 51.56 feet and a central angle of 68 °20'
08 "; thence North 3 °54'19" West tangent to said curve a distance of 373.48
feet; thence westerly 51.45 feet along a tangential curve concave to the
southwest having a radius of 34.20 feet and a central angle of 86 °11'10 ";
thence South 89 054'31" West tangent to last described curve a distance of
^r 89.63 feet to a point hereinafter known as point A; thence South 89 °54'31"
West a distance of 6 feet to the point of beginning of centerline to be
CYj described; thence South 89 °54'31" West a distance of 15 feet and there said
centerline terminates.
Together with a 15 foot easement for utility purposes over, under and across the
above described property. The centerline of said easement is described as follows:
Commencing at the above mentioned point A; thence North 0 006'16" West a
distance of 181.44 feet; thence North 89 048'25" West a distance of 256.23
feet; thence North 0 °11'35" East a distance of 20.50 feet to the point of
beginning of centerline to be described; thence North 0 011'35" East a
distance of 15 feet and there said centerline terminates.
Together with a 15 foot easement for utility purposes over, under and across the
first above described property. The centerline of said easement is described as
follows:
Commencing at the above mentioned point A; thence South 0 °06'16" East a
distance of 263.17 feet; thence South 34 039'13" West a distance of 61.75
feet; thence South 89 031'25" West a distance of 233.5 feet; thence
South 0 °2835" East a distance of 13 feet to the point of beginning of
centerline to be described; thence South 0 °28'35" East a distance of 15
feet and there said centerline terminates.
Together with a 15 foot easement for utility purposes over, under and across the
first above described property. The centerline of said easement ins described as
follows:
Commencing,at the southeast corner of said Outlot C; thence South 62 029'21"
/ West, assumed bearing, along the southerly line of said Outlot C a distance
of 141 feet to the point of beginning of centerline to be described;
thence North 27 °30'39" West a distance of 32 feet and there said centerline
1 terminates. f
i
EXHIBIT C
j' EASEMENT FOR SANITARY SEWER AND WATERMAINS
i
A 25 foot easement for utility purposes over, under and across Outlot C, Walnut
Ridge Third Addition, according to the plat thereof on file or of record in the
office of the Registrar of Titles, Hennepin County, Minnesota. Said easement
being 17.5 feet to the right and 7.5 feet to the left of the following de-
scribed line:
Commencing at the southeast corner of said Outlot C; thence South 62 °29'21"
West, assumed bearing, along the southerly line of said Outlot C a distance
of 123.75 feet to the point of beginning of line to be described;
thence North 3 047'40" West a distance of 507.75 feet to a point hereinafter
known as point D and there said line terminates.
Together with a 25 foot easement for utility purposes over, under and across the
above described property. The centerline of,said easement is described as follows:
Beginning at the above mentioned point D; thence North 26 °31'11" East a
distance of 270.75 feet; thence North 82 °40'37" East to the east line of
said Outlot C and there said centerline terminates.
Together with a 25 foot easement for utility purposes over, under and across the
first above described property. Said easement being 7.5 feet to the right and
17.5 feet to the left of the following described line:
Beginning at the above mentioned point D; thence South 89 054'50" West to
the west line of said Outlot C and there said line terminates.
WALNUT RIDGE;�
CARDARELLE & ASSOCIATES, INC.
LAND SURVEYORS
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