HomeMy WebLinkAbout2347Title USA Insurance Corporation of New York
4820 West 77th Street Edina, MN 55435
(612) 835 -3320
` FAX No. 612 - 835 -7731
USA
JWTITLE
To: City of Edina
4801 West 50th Street
Edina, Mn. 55424
Attention: Marcela Daehn
Re: Property: 4909 Sunnyside Road
Edina, MN 55424
Buyer(s): LINDA A. EUGSTER
Date: 9/14/88
File No.: 10022625 -11
Enclosed herewith please find the following in connection with the
above transaction:
Original Easement and Agreement Document No. 5446017
Yours truly,
Walsh Title Corporation
san 1B . Orpen
Formerly Walsh Title Corporation
GPS- 4(5!88)
EASEMENT AND AGREEMENT
THIS INSTRUMENT, Made this) ' Z-11 day of �vZ y
1988, by and between the CITY OF EDIT -NA, a municipal
corporation organized under the laws of the State of Minnesota
( "Edina "), and LINDA A. EUGSTER, single, of Hennepin County,
Minnesota ( "Grantor ").
WITNESSETH THAT•.
WHEREAS, Grantor is the owner of that certain property
situated in the City of Edina, Hennepin County, Minnesota,
described on Exhibit A attached hereto and made a part hereof
(the "Subject Property "); and
WHEREAS, there is presently existing, under and across
the Subject Property a pipe for storm sewer purposes, the
centerline (the "Centerline ") of said pipe being described
on Exhibit B attached hereto and made a part hereof; and
WHEREAS, said pipe runs under the house (the "Existing
House ") now located on the Subject Property with a street
address of 4909 Sunnyside Road, Edina, Minnesota; and
WHEREAS, the parties desire to enter into this
Agreement for the purpose of confirming the existence and
location of the pipe, to release claims resulting from the
pipe being under the Existing House, and to provide for repair
of the pipe and possible relocation of the pipe.
NOW, THEREFORE, for and in consideration of One Dollar
and other good and valuable considerations to each of the
parties hereto in hand paid by the other, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto
hereby agree as follows;
1. Grantor does hereby grant, bargain, sell, convey
and warrant to Edina an easement in perpetuity for storm sewer
purposes, including the right to enter for the purpose of
maintaining, altering, repairing and reconstructing a storm
sewer system, in, under, over and across a ten foot strip of
land (the "Easement Area ") lying five feet on either side of
the Centerline.
2. Edina hereby waives any and all claims, demands
and causes of action it may now or hereafter have or claim
to have against the Grantor or future owners or occupiers of
the Subject Property, for damage to any pipe Edina may now
or hereafter have constructed or installed in the Easement
Area due to the location on and over the Easement Area of the
Existing House, except, however, for damage due to the gross
negligence of Grantor or such future owners or occupiers, or
the intentional misdeed of any of them.
3. Grantor, for herself, and all future owners,
occupiers and encumbrances of the Subject Property, hereby
waives any and all claims, demands and causes of action of
any and every nature and kind whatsoever that she or they may
now or hereafter have or claim to have against Edina, or any
of its officers, employees or elected officials for damage
or injury to the Subject Property or to any property, buildings,
equipment or improvements now or hereafter located thereon,
including, without limitation, the Existing House, resulting
from or due to, or claimed to be resulting from or due to,
the pipe being in, under or on the Easement Area, or from or
due to the maintenance, alteration, repair or reconstruction
of such pipe, and including, without limitation, any tunneling,
trenching or digging in the Easement Area pursuant hereto,
except, however, for damage or injury due to the gross
negligence of Edina, or its officers, employees or elected
officials, or the intentional misdeed of any of them.
4. Edina agrees, in connection with the exercise
of its rights under the easement granted by paragraph 1 hereof,
to maintain, alter, repair or reconstruct the storm sewer system
on the Easement Area, that it will use all reasonable methods
available at reasonable cost to do such maintenance, alteration,
repair and reconstruction without trenching or digging, at
least as to that portion of the pipe under the Existing House.
5. If Edina, in its sole opinion, determines that
it cannot do any required or desirable maintenance, alteration,
repair or reconstruction of the storm sewer system in the
Easement Area without tunneling, trenching or digging or similar
means, to access that part of the pipe under the Existing House,
then Edina may do such tunneling, trenching or digging, but
if the Grantor desires to avoid such tunneling, trenching or
digging, Grantor, prior to the co.°mmencerment of such tunneling,
trenching or digging, shall give written notice thereof to
the City Manager of Edina at the then City Hall and, upon
fullfillment of the following terms and conditions, Edina will
release the Easement Area from the easement granted by paragraph
1 hereof and will then construct and thereafter maintain, alter,
repair and reconstruct a storm sewer system in the Substitute
Easement Area below defined:
(a) Grantor shall deliver to Edina another easement
(the "Substitute Easement "), fully executed
and in recordable form, containing the same
terms and conditions as those set out in
paragraph 1 of this Agreement for storm sewer
purposes in, under, over and across a strip
of land of a width at least equal to the width
of the Easement Area and extending from Sunnyside
Road to Minnehaha Creek and in a location then
reasonably acceptable to Edina (the "Substitute
Easement Area ");
- 2 -
(b) Grantor shall deliver to Edina a title opinion
from a law firm reasonably acceptable to Edina,
or a commitment for a title policy issued by
a title insurance company reasonably acceptable
to Edina, addressed to Edina and dated as of
a then current date, evidencing that the persons
granting or consenting to the Substitute Easement
over and across the Substitute Easement Area
are all of the persons necessary to grant the
Substitute Easement free and clear of all liens
and encumbrances which are or may be prior to
the Substitute Easement except such as are
accepted by Edina in writing;
(c) Grantor shall pay to Edina the cost of recording
the Substitute Easement and all costs, including
reasonable engineers' and attorneys' fees,
incurred by Edina in connection with the
obtaining and recording of the Substitute
Easement; and
(d) Edina shall have constructed the storm sewer
system in the Substitute Easement Area.
Upon fulfillment of the foregoing terms and conditions
of this paragraph, Edina shall execute and deliver a fully
executed, recordable quit claim deed releasing all of its right,
title and interest in and to the Easement Area.
6. The provisions of paragraph 5 hereof
notwithstanding, if Edina, in its sole discretion, determines
that it cannot delay maintenance, alteration, repair or
reconstruction of the storm sewer system in the Easement Area
pending fulfillment of the terms and conditions for the
Substitute Easement Area as set out in paragraph 5 hereof,
then Edina may proceed to do such maintenance, alteration,
repair or reconstruction in the Easement Area, including,
without limitation, any tunneling, trenching or digging.
7. The terms, conditions and covenants of this
Agreement shall run with the title to the Subject Property
and shall be binding upon and inure to the benefit of Grantor
and all future owners, occupiers and encumbrances of the Subject
Property and the respective successors and assigns of the
parties hereto.
- 3 -
IN WITNESS
this instrument to be
first above written.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
WHEREOF, the parties hereto have caused
duly executed as of the day and year
ss
CITY OF EDINA
BY=
And;
Linda A. Eugster
On this end- day of � ufr , 1988, before
me, a Notary Public within and for said�y personally
appeared ('. (,y 6, ,Mc and K��,ne�L �; � the
i and � Z , respectively, of the City
of Edi a, to me known to gersonally, and acknowledged that
they executed the same as their free act and deed.
MARCELLA M. DAEHN
�u ii���a: NOTARY PUBLIC — MINNESOTA
`'.;
s�
HENNEPIN COLIPJTY
#.. A4y Commission Expires Apr. 21, 1990
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this )3� day of -JUL-1 , 1988, before
me, a Notary Public within and for said County, personally
appeared Linda A. Eugster, single, to me known to be the persons
described in and who executed the foregoing instrument, and
acknowledged that she executed the same as her free act and
deed.
[i r, p
�- �P O �
�.
. \C-SO IIi
- 4 -
EXHIBIT A
(the "Subject Property ")
That part of Lot 20, Block 4, Country Club District, Brown
Section, according to the recorded plat thereof which lies
southwesterly of a line described as follows:
Beginning at a point on the northwesterly line of
said Lot 20 distant 20.00 feet southwesterly from
the most northerly corner of said Lot 20; thence
South 32 degrees 19 minutes 30 seconds East, assuming
the line drawn between the northwest corner of Section
18, Township 28 North, Range 24 West of the 4th
Principal Meridian and the East Quarter corner of
Section 28, Township 117 North, Rance 21 West of
the 5th Principal Meridian has a bearing South, to
the shore line of Minnehaha Creek and said line there
terminating.
That part of Lot 21, Block 4, Country Club District, Brown
Section, according to the recorded plat thereof which lies
northeasterly of a line described as follows:
Beginning at a point on the northerly line of said
Lot 21 distant 35.00 feet southwesterly from the
northeasterly corner of said Lot 21; thence South
20 degrees 12 minutes 05 seconds East, assuming the
line drawn between the northwest corner of Section
18, Township 28 North, Range 24 West of the 4th
Principal Meridian and the East Quarter corner of
Section 28, Township 117 North, Range 21 West of
the 5th Principal Meridian has a bearing South, to
the shore line of Minnehaha Creek and said line there
terminating.
A -1
EXHIBIT B
(the "Centerline ")
A 10' strip of land lying 5' on either side of a centerline Sfi
over Lots twenty (20) and twenty -one (21), Block Four (4),
Country Club District, Brown Section, according to the recorded
plat thereof, which centerline is described as follows; .•y
Commencing at the Northeast corner of Lot 21, Block
4, Country Club District, Brown Section; thence
Westerly along the North line of said Lot 21, 11.5
feet to the beginning of the centerline to be
described; thence Southeasterly to a point 11.4 feet
Northeasterly of the Southwest corner of Lot 20,
Block 4, Country Cl-,ib DiFj_ric4-, Drov,7n Section, as
measured along the Southerly platted survey line
of said Lot 20; thence continuing along an extension
of said centerline to the shore line of Minnehaha
Creek and there terminating.
B -1
'CORCER
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TrME U-SA-
13OX 423
350 PARE AVENUE
NEW YORE, NEW YORK 10022
(212)415 -9200
3 GRACECHURCH STREET
LONDON EC3V OAT, ENGLAND
01 -929 -3334
36, RUE TRONCHET
75009 PARIS, FRANCE
01- 42- 66 -59 -49
340 FIRST NATIONAL BANK BUILDING
P. O. BOX 848
IIOCHESTER, MINNESOTA 55903
(507)288 -3156
510 NORTH CENTRAL LIFE TOWER
445 MINNESOTA STREET
ST. PAUL, MINNESOTA 55101
(612) 227 -8017
Mr. Kenne -'.h E. Eosland
City of Edina
4801 West 50 Street
Edina, Minnesota 55424
Dear Ken:
DoRSEY & WHITNEY
A PARTNERSHIP INCLUDING PROPESSIONAL CORPORATIONS
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
(612 ) 340 -2600
TELEX 29 -0605
TELECOPIER (612) 340 -2868
THOMAS S. ERICKSON, P. A.
(612) 340- -26$9
July 18, 1988
Re: 4909 Sunnyside Road
Storm Sewer Easement
1200 FIRST INTERSTATE CENTER
401 NORTH 31" STREET
P. O. BOX 7188
BILLINGS, MONTANA 59103
(406)252 -3800
201 DAVIDSON BUILDING
8 THIRD STREET NORTH
GREAT FALLS, MONTANA 59401
(406)727 -3632
127 EAST FRONT STREET
MISSOULA, MONTANA 59802
(406) 721 -6025
315 FIRST NATIONAL BANK BUILDING
WAYZATA,MINNRSOTA 55391
(612)475 -0373
I have been working with Fran Hoffman and the attorney for a
Linda Eugster, the owner of property at 4909 Sunnyside Road. Apparently
the City of Edina has a storm sewer that goes directly under the house
presently at 4909 Sunnyside Road, but has no easement for that pipe. Also,
the owner of the property, and that owner's prospective mortgagee, desires
to have some agreement with the City relative to noving of the pipe and
the easement in the event that it becomes necessary to repair or replace
that pipe.
The result of our discussions has been the enclosed Easement
and Agreement. Four copies are enclosed. All of then have been signed
by Linda Eugster, owner of the property at 4909 Sunnyside Road. As stated,
Fran Hoffman is aware of this agreement, and agrees that it is proper and
appropriate.
If it meets with your approval, will you please put it on the
agenda for an upcoming council meeting, preferably August 1.
Mr. Dale Moe, Eugster's attorney, would like to pick up the
signed agreement on August 2 for a closing that day. I have advised him
to call Marce on August 2 to get the signed agreement. He will then have
the agreement recorded and return a recorded copy to the City for its files.
If you have any questions, please advise.
TSE:jd
enclosures
cc: Ms. Marcella Daehn
Mr. Fran Hoffman
Very truly yours,
Thomas S. Erickson