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NAMRON COMPANY
401 Groveland Avenue • Minneapolis, Minnesota 55403 a (612) 874 -1102
August 19, 1992
Ms. Candy Fiedler
City of Edina
4801 West 50th Street
Edina, MN 55424
RE: Utility Easement
Interlachen Hills 3rd Addition
Our File No. N9085 -00
Dear Ms. Fiedler:
We enclose for your review copies of the recorded documents
pertaining to the City of Edina Utility Easement for the above -
entitled parcel. Please contact Norm Bjornnes if you have any
questions or need further information.
Very truly yours,
Nora C. Jackson
NCJ1nj
enclosures
5912291
AGREEMENT
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(Use of Utility Easement)
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THIS AGREEMENT made and entered into this dqk day of If A ,
1992, by and between CITY OF EDINA, a Minnesota municipal corporation ( "CIty"),
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and LINCOLN DRIVE PARTNERS, a Minnesota limited partnership
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^' ( "Partnership ").
WTTNESSETH, THAT:
WHEREAS, Partnership is the owner of the property situated in Edina,
Hennepin County, Minnesota, described on Exhibit A attached hereto ( "Subject
Property"); and
WHEREAS, the North 35 feet of the Subject Property ( "Easement
Area ") is subject to a dedicated drainage and utility easement now of record in favor
of the City ( "Easements "); and
WHEREAS, Partnership has constructed a ventilator shaft ( "Ventilator
Shaft ") under, on and over the Easement Area, and a sketch showing the
approximate location of the Ventilator Shaft Is attached as Exhibit B hereto; and
WHEREAS, the Ventilator Shaft was located under, on and over the
Easement Area without the prior consent of the City and such use of the Easement
Area is not allowed without the City's consent; and
WHEREAS, the Partnership has requested agreement of the City to
allow the Ventilator Shaft remain under, upon and over the Easement Area; and
WHEREAS, the City is willing to allow the Partnership to so use the
Easement Area on the terms and conditions hereinafter set out.
NOW, THEREFORE, for and in consideration of the mutual covenants
and agreements hereinafter set out, and, as to the Partnership, in consideration of
the rights in the Easement Area granted to it by the City, the ."rties hereto do hereby
agree as follows:
1. The City hereby grants to the Partnership the right to maintain and
use the Ventilator Shaft under, upon and over the Easement Area as presently
situated.
2. The rights hereby granted to the Partnership are, and always shall be,
subject to all rights of the City to occupy, use, maintain, construct, reconstruct,
repair, and replace any and all of its pipes, lines, utilities, and other facilities now or
hereafter on, over, or under the Easement Area ( "City Facilities "). The City shall
have full access at all times on and over the Easement Area with such personnel
and equipment as it deems necessary for the doing of any work it deems necessary to
construct, reconstruct, maintain, repair, and replace any or all of the City Facilities
("City Work ").
3. The Partnership shall not make any alterations or additions to the
Ventilator Shaft which in any fashion increases the size thereof.
4. The Partnership shall use all due care in doing any repair or
alteration of the Ventilator Shaft ( "Partnership Work ") to prevent damage to any of
the City Facilities and to prevent interruption of service provided by the City
Facilities. The Partnership agrees to report immediately to the City any damage to or
`. interruption of service provided by any of the City Facilities.
-2-
5. Any entry by the City upon the Easement Area for the doing of the
City Work shall be done in such a manner as to do as little damage as possible to the
Ventilator Shaft, however, it is specifically understood and a,. •red that the City shall
not be liable for, and the Partnership hereby waives any claim for, damage or injury
to any portion or all of the Ventilator Shaft, and for damages due to loss of business
or interruption of business, resulting from or caused by the City Work, and whether
or not caused by the negligence of the City, or any of its contractors, subcontractors,
employees, agents, or representatives, in .oing the City Work. It is also understood
and agreed that the City may, if it deems necessary, remove or destroy any or all of
the Ventilator Shaft in connection with the doing of any of the City Work, all
without liability or obligation to the Partnership, or to any other person having or
claiming an interest in all or any of the Ventilator Shaft, for damage to or
destruction of any or all of the Ventilator Shaft, or for loss of business or
interruption of business caused by such removal, damage, or destruction. The City
agrees that so long as the Partnership fully complies with the provisions of this
Agreement, the Partnership may repair, replace or rebuild the Ventilator Shaft upon
any removal, damage or destruction of the Ventilator Shaft. No such work shall
cause the Ventilator Shaft to change its present location or increase from the present
size thereof. The Partnership agrees that the repair, replacement or rebuilding of
any of the Ventilator Shaft that may be damaged, destroyed, or removed by the City
in connection with the City Work shall be done at the sole cost and expense of the
Partnership and without coat or expense of any kind to the City.
.3.
b. The Partnership agrees that it will indemnify and hold harmless the
City from and against any and all loss, cost, damage, and expense, Including
reasonable attorneys' fees, resulting from or claimed to rest, c from any of the
Partnership Work or the location, existence, or use of any of the Ventilator Shaft,
including, without limitation, all costs and expenses incurred (i) in repairing any of
the City Facilities damaged by the Partnership Work; (II) as extra cost in doing any of
the CIty Work because of the Ventilator Shaft being located upon or adjacent to the
Easement Area, including the cost of removal or destruction of any such Ventilator
Shaft, and such cost as the City may incur in attempting to protect any of the
Ventilator Shaft from damage in connection with the doing of any of the City Work,
(iii) in making any extraordinary excavations or using extraordinary construction
methods in attempting to protect the Ventilator Shaft, or (iv) in any relocation of
any of the City Facilities if the City determines that any such City Facilities are
required to be relocated as a result of the Ventilator Shaft being located upon or
Adjacent to the Easement Area. If the City determines that any of the City Facilities
are required to relocated as a result of the Ventilator Shaft being located upon or
adjacent to the Easement Area, it will give written notice of such determination to
the Partnership and the Partnership shall have (90) days after receipt of such written
notice to relocate the Ventilator Shaft so that it is no longer under, over or on the
Easement Arcs. If such Ventilator Shaft is not relocated by the end of such ninety
(90) day period, the City may then commence the City Work to relocate the City
Facilities. The Partnership further agrees to pay any costs and expenses required to
OF
! be paid by the Partnership to the City under this Agreement within ten (10) days
after receipt of a statement from the City setting forth such costs and expenses, and if
not paid within said 10-day period, the amount of such t- 'Pment shall bear interest
i
at ten (10 %) percent per annum from the end of said 10-day period until paid, and
the Partnership also agrees to pay all costs of collection, including reasonable
attorneys' fees, whether suit be brought or not, and interest at the highest rate then
allowed by law, or, if no maximum rate is applicable, then at the rate of twelve (12%)
percent per annum on all such costs Lom the date incurred until paid.
7. If any term, condition, or provision of this Agreement, or the
application thereof to any person or circumstance, shall, to any extent, be held to be
invalid or unenforceable, the remainder hereof and the application of such term,
provision, and condition to persons or circumstances other than those at to whom it
shall be held invalid or unenforceable shall not be affected thereby, and this
agreement, and all the terms, provisions, and conditions hereof, shall, in all other
respects, continue to be effective and to be complied with to the full extent permitted
by law.
8. 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:
•s-
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To City: 4801 West 50th Street
Edina, Minnesota 55424
$= Attention: City Manager
To Partnership: 401 Grovel& I Avenue
!y Minneapolis, Minnesota 55403
Attention: Norman P. Bjornnes, Jr.
Such addresses may be changed by either party upon notice to the other party given
as herein provided.
9. In the event that the Partnership fails or refuses to fully comply with
all of its obligations under this Agreer -ent, and such failure or refusal continues for
a period of thirty (30) days from and after notice thereof is given to the Partnership,
then in that event, in addition to any other remedies then available to the City at
law or in equity, the CIty may revoke the rights hereby granted for the use of the
Easement Area, and upon such revocation, the Partnership agrees to immediately
remove all of the Ventilator Shaft from the Easement Area and to restore the
Easement Area to the condition it was in immediately prior to the construction of
the Ventilator Shaft.
10. The terms and provisions hereof shall be binding upon the parties
hereto, and their respective successors and assigns, and shall run with the title to the
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Subject Property and Easement Area, and be binding upon all present and future
owners of the Subject Property and all present and future holders of the rights of the
City under the Easements and this Agreement.
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IN WITNESS WHEREOF, the parties hereto he- p caused this
instrument to be duly executed the day and year first above written.
CITY OF EDINA, MINNESOTA
By
Its Mayor
And
Its Manager
LINCOLN DRIVE PARTNERS
By_
Its General Partne
•7-
STATE OF MINNESOTA )
ss.
COUNTY .OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
HRr�a 1992, by FreJ <r,,e t �'��k..t, and
_te.,rK E. r1•..[ .the M" ,i and 1`tt.,...,.
respectively, of the City of Edina, Minnesota, a municipal corporation, oA behalf of
the corporation
MARCEUA t t. C X. 11
NOTA" mn!7
HENN ; :;; S
l•� Ca�b� Egra �.;:.:�. t990
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me this 1 YK- day of
RAI,, 4 .1992, by Ade s" P. r S- the general partner,
of Lincoln Drive Partners, a Minnesota lim ted partnership, on behalf of the
partnership.
�.� Macau kk oAW N
v�sa�
HEWEPIN COUNW
7-h A44-
Notary Public
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX.
Drafted by:
DORSEY k Wi iI WEY
2200 First Bank Plice East
Minneapolis, Minnesota 55402
-B-
All of Lot 1, Block 2, INTLALACNL:s HILLS 3AD ADDITAJN, according to the
recorded plat thereof, being described by metes and bounds as follows:
Beginning at the southwest corner of said Lot 1: thence along the vest
line thereof North 0 degrees 02 minutes 00 seconds Last, assumed basis
Of bearings, a measured distance of 263.47 feet (263.75 feet record) to
the northwest corner of said Lot: thence along the north line thereof
Scuth 89 degrees 57 :minutes 06 seconds Last 411.32 feet measured (South
89 degrees S1 minutes 00 seconds Last 410.61 feet, record) to the
northeast corner of said Lot : thence .along the easterly line of said
Lot, and along a nontangential curve, concave easterly and having a
radius of 323.29 feet. ressured and record, a musured central angle of
41 degrees 23 minutes 30 seconds (41 degrees 24 minutes 11 seconds
record) and a measured Chord O` 265.00 feet bearing South 05 degrees 41
minutes 15 second: Last, a ►rea_urod are distance of 273.04 feet (273.11
feet record) to the southeast corner of said Lot 1: thence along the
south line thereof North 19 degrees S7 minutes Os seconds west 444.13
feet, measured (North 19 degrees 54 minutes 00 seconds west 4 -45.02
feet, record) to the southwest corner of said Lot 1 and the point of
beginning:
Together with that part of Lot 2, Block 2, INTLALACNLN HILLS 3RO AOOITION,
according to the reeorjed plat thereof, described as follows:
Beginning at the northwest corner of said tat 2: thence south 0 degrees
02 minutes 00 seconds west, assumed basis of bearings, along the vest
line of said Lot 2, a distance of 207.17 feet, measured and record:
thence South 19 degrees $t minutes 00 seconds Last 355.00 feet,
mea o
sured and recrd: thence North 41 degrees 33 minutes 57 seconds Cast
199.07 test, measured (North al degrees 34 minutes $s seconds Last
199.34 (set, record) to a point In the easterly line of said Lot 2,
distant thereon 13.61 feet southeasterly from a point of curve in said
easterly line: thence North 40 degrees 13 minutes at second west.
:assured (North 40 degrees 11 minutes 31 seconds west, record) along
the easterly line of said Lot 2 a distance of 13.61 feet, measured and
record, to the aforementioned point of curves thence northwesterly a
measured distance of $0.21 feet (31.23 feet record) along said easterly
line, being a tangential curve, concave to the east, having a radius of
323.21 feet, Reacured and record, end A measured central angle of 10
degrees 20 minutes of second (10 degrees 19 minutes 13 seconds record)
to the northoast corner of said Lot 2: thence North 19 degrees 57
minutes at seconds west 444.73 feet, measured (North 19 degrees St
minutes 00 secor..ss ::cot 445.02 feet, record) along the north line of
said Lot 2 to t:s point of beginning.
("a nepin Ccunty, Y.N)
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CONSENT AND SUBORDINATION
The undersigned, being the holder of a mortgage (the "Interest ") on the
Subject Property as defined in the Agreement to which this ' nsent and
Subordination is attached, the document creating said Interest being dated
August 29, 1990, and recorded as Document No. 5698522, in the office of the County
Recorder, Hennepin County, Minnesota, does hereby agree and consent to all of the
terms and conditions of the Agreement to which this Consent and Subordination is
attached, and agrees, from and after the date it becomes the record owner of the
Subject Property, to be bound by all of the obligations of, and subject to all of the
remedies available against, an owner of the Subject Property in the event it becomes
a record owner of the Subject Property (as defined in the Agreement).
THE PENN MUTUAL LIFE
INSURANCE COMPANY
By
t5�^ SS4•_rr y:<ti. Qi4.ia.C1
STATE OF
4? ss..
COUNTY OFA� _7'. L
The for frig Consent and Su rd nation as acknowled be fore
me this 1� day of 19�by a L
an e of
a6Y) on behalf of the ,
µ.: .
MAURMN AN�1 t At0M ":,: PwR�ry putYe
City C Pr Ua't r. a :'.10&C
My con"TYM.e'l E..,04
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j STATE OF CALIFORNIA )
1. COUNTY OF )
On this day of , 1992, before me appeared
Randy J. Bowe to me persona mown whc being by me duly
sworn, did say that he is the 'Hce President of BIRTCHER REALTY
AmsORs, a corporation of the State of California, and that the
seal affixed to the foregoing instrument is the corporate seal of
said corporation, and that said instrument was signed and sealed in
behalf of said corporation, by authority of its Board of Directors;
and said Randy J. Sowell acknowledged said instrument to be. the
free act and dead of said corporation as agent for CONSTRUCTION
PEN8IOx RE7►L':'Y CORPORATION, a District of Columbia business
corporation.
IN WITNESS WHEREOF, I have nereunto sat my hand and affixed my
official seal in the County and State Af-reffA id, the day and year
first above written.
ary c
Hy commission expires 1•
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5912291
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14MAY9211 09 C5°!22-?l r 10C
OFFICE or cou-Im RECOM I
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92 MAY 14 AM 11: 10
AS DC.-I *.!:: "1 5912291
CO.lECWW
DEPUTY
REC FEE -44
COPY FEE
I RANSFER EN TI LRED
e IVA,% 311592
(N-09/1 MINN
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RESOLUTION VACATING EASEMENT
FOR DRAINAGE AND UTILITY PURPOSES
IN THE CITY OF EDINA, HENNEPIN COUNTY. MINNESOTA
1.1iEREAS. a resolution of the City Council, adopted the 18th day of February,
1992, fixed a data for a public hearing on a proposed vacation of easement for
drain:ee and utility purposes; and
'.'HEREAS. two weeks published and posted notice of said hearing was given and
the hearing vas hold on the 16th day of March, 1992, at which time all parsons
dosiring to be heard were given an opportunity to be hoard thereon; and
%.11EREAS. the Council deems it to be in the best interest of the City and of
the public that said easomont vacation be made; and
U11EREAS. the Council has considered the extent to which the vacation affects
existing easements within the area of the vacation and the extent to which the
vacation affects the authority of any person, corporation, or municipality
owning or controlling electric, telephone or cable television poles and lines,
gas and sever lines, or water pipes, mains, and hydrants on or under the area
of the proposed vacation, to continue maintaining the name. or to enter upon
such easement area or portion thereof vacated to maintain. repair. replace,
remove. or otherwise attend thereto;
1OV. THEREFORE. BE IT RESOLVED by the City Council of the City of Edina.
Hennepin County, Minnesota that the following described portion of the
drainage and utility easement be and is hereby vacated effective as of March
16. 1992:
The dedicated drainage and utility easement in and to that pact of the
west three hundred stxty•fivc (365) feet of the south two (2) feet of
the north 35 feet of Lot 1. Block 2, INTERLACHEN HILLS 3RD ADDITION,
according to the plat thereof of record in 11onnopin County. Minnesota,
which lies above the surface of a plane at an elevation of 889,7 feet.
Stational Geodetic Vertical Datum of 1929.
The City Clerk is authorized and directed to cause a notice of completion of
proceedings to be prepared, entered in the transfer record of the County
Auditor. and filed with the County Recorder, in accordance with Minnesota
Statutes. Section 412.851..
Chy tiah
IM1+1 %%I %I •w+IH NKI11
IIM%% %11 \41M11A MJJ 11'11
(612) 927.1111h 1
NOTICE OF COMPLETION OF PROCEEDINGS
ON VACATION OF EASEMENT FOR DRAINAGE AND UTILITY PURPOSES
IN THE CITY OF EDINA. HENNEPIN COUNTY, MINNESOTA
� *il v A
1 NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County,
Minnesota, on March 16, 1992, adopted a Resolution Vacating Easement for
Drstnago and Utility Purposes, after public hearing and notice thereof as
requ.red by law and after determining it to be in the best interest of the
City and of the public that said easement vacation be made, which resolution
ordered the vacation of the following described easement for drainage an
i utility purposes all as platted and of record in the office of the County
Recorder in and for Hennepin County, Minnesota:
The dedicated drainage and utility easement in and to that part of the
west three hundred sixty-five (365) feet of the south two (2) foot of
the north 35 feet of Lot 1, Block 2, INTERLACHEN HILLS 3RD ADDITION,
I according to the plat thereof of record in Hennepin County, Minnesota,
which lies above the surface of a plane at an elevation of 889.7 feet,
National Geodetic Vertical Datum of 1929.
The time of completion of proceedings and the effective date of said vacation
is March 17, 1992.
BY ORDER OF THE CITY COUNCIL.
CITY OF EDINA.
Marcolla M. Daehn
City Clark
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City Nall
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(6 121 927.111161
STATE OF MINNESOTA )
COUNTY OF HENNEPIN) SS
CITY OF EDINA i 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 is a true and i
correct copy of the Resolution duly adopted by the Edina City Connell at its
Regular Meeting of March 16, 1992, and as recorded in the Minutes of said
Regular Meeting.
WITNESS my hand and seal of said City this 23rd day of March. 1992.
i
Marcella M. Daohn
City Clerk ,
I,
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AGREEMENT
(Use of Utility Easement)
THIS AGREEMENT made and entered into this 2VH- day of
1992, by and between CITY OF EDINA, a Minnesota municipal corporation ( "City "),
and LINCOLN DRIVE PARTNERS, a Minnesota limited partnership
( "Partnership ").
WITNESSETH, THAT:
WHEREAS, Partnership is the owner of the property situated in Edina,
Hennepin County, Minnesota, described on Exhibit A attached hereto ( "Subject
Property "); and
WHEREAS, the North 35 feet of the Subject Property ( "Easement
Area ") is subject to a dedicated drainage and utility easement now of record in favor
of the City ( "Easements "); and
WHEREAS, Partnership has constructed a ventilator shaft ( "Ventilator
Shaft ") under, on and over the Easement Area, and a sketch showing the
approximate location of the Ventilator Shaft is attached as Exhibit B hereto; and
WHEREAS, the Ventilator Shaft was located under, on and over the
Easement Area without the prior consent of the City and such use of the Easement
Area is not allowed without the City's consent; and
WHEREAS, the Partnership has requested agreement of the City to
allow the Ventilator Shaft remain under, upon and over the Easement Area; and
WHEREAS, the City is willing to allow the Partnership to so use the
Easement Area on the terms and conditions hereinafter set out.
NOW, THEREFORE, for and in consideration of the mutual covenants
and agreements hereinafter set out, and, as to the Partnership, in consideration of
the rights in the Easement Area granted to it by the City, the parties hereto do hereby
agree as follows:
1. The City hereby grants to the Partnership the right to maintain and
use the Ventilator Shaft under, upon and over the Easement Area as presently
situated.
2. The rights hereby granted to the Partnership are, and always shall be,
subject to all rights of the City to occupy, use, maintain, construct, reconstruct,
repair, and replace any and all of its pipes, lines, utilities, and other facilities now or
hereafter on, over, or under the Easement Area ( "City Facilities "). The City shall
have full access at all times on and over the Easement Area with such personnel
and equipment as it deems necessary for the doing of any work it deems necessary to
construct, reconstruct, maintain, repair, and replace any or all of the City Facilities
( "City Work ").
I The Partnership shall not make any alterations or additions to the
Ventilator Shaft which in any fashion increases the size thereof.
4. The Partnership shall use all due care in doing any repair or
alteration of the Ventilator Shaft ('Partnership Work ") to prevent damage to any of
the City Facilities and to prevent interruption of service provided by the City
Facilities. The Partnership agrees to report immediately to the City any damage to or
interruption of service provided by any of the City Facilities.
-2-
5. Any entry by the City upon the Easement Area for the doing of the
City Work shall be done in such a manner as to do as little damage as possible to the
Ventilator Shaft; however, it is specifically understood and agreed that the City shall
not be liable for, and the Partnership hereby waives any claim for, damage or injury
to any portion or all of the Ventilator Shaft, and for damages due to loss of business
or interruption of business, resulting from or caused by the City Work, and whether
or not caused by the negligence of the City, or any of its contractors, subcontractors,
employees, agents, or representatives, in doing the City Work. It is also understood
and agreed that the City may, if it deems necessary, remove or destroy any or all of
the Ventilator Shaft in connection with the doing of any of the City Work, all
without liability or obligation to the Partnership, or to any other person having or
claiming an interest in all or any of the Ventilator Shaft, for damage to or
destruction of any or all of the Ventilator Shaft, or for loss of business or
interruption of business caused by such removal, damage, or destruction. The City
agrees that so long as the Partnership fully complies with the provisions of this
Agreement, the Partnership may repair, replace or rebuild the Ventilator Shaft upon
any removal, damage or destruction of the Ventilator Shaft. No such work shall
cause the Ventilator Shaft to change its present location or increase from the present
size thereof. The Partnership agrees that the repair, replacement or rebuilding of
any of the Ventilator Shaft that may be damaged, destroyed, or removed by the City
in connection with the City Work shall be done at the sole cost and expense of the
Partnership and without cost or expense of any kind to the City.
-3-
6. The Partnership agrees that it will indemnify and hold harmless the
City from and against any and all loss, cost, damage, and expense, including
reasonable attorneys' fees, resulting from or claimed to result from any of the
Partnership Work or the location, existence, or use of any of the Ventilator Shaft,
including, without limitation, all costs and expenses incurred (i) in repairing any of
the City Facilities damaged by the Partnership Work; (ii) as extra cost in doing any of
the City Work because of the Ventilator Shaft being located upon or adjacent to the
Easement Area, including the cost of removal or destruction of any such Ventilator
Shaft, and such cost as the City may incur in attempting to protect any of the
Ventilator Shaft from damage in connection with the doing of any of the City Work,
(iii) in making any extraordinary excavations or using extraordinary construction
methods in attempting to protect the Ventilator Shaft, or (iv) in any relocation of
any of the City Facilities if the City determines that any such City Facilities are
required to be relocated as a result of the Ventilator Shaft being located upon or
adjacent to the Easement Area. If the City determines that any of the City Facilities
are required to relocated as a result of the Ventilator Shaft being located upon or
adjacent to the Easement Area, it will give written notice of such determination to
the Partnership and the Partnership shall have (90) days after receipt of such written
notice to relocate the Ventilator Shaft so that it is no longer under, over or on the
Easement Area. If such Ventilator Shaft is not relocated by the end of such ninety
(90) day period, the City may then commence the City Work to relocate the City
Facilities. The Partnership further agrees to pay any costs and expenses required to
-4-
be paid by the Partnership to the City under this Agreement within ten (10) days
after receipt of a statement from the City setting forth such costs and expenses, and if
not paid within said 10 -day period, the amount of such statement shall bear interest
at ten (10 %) percent per annum from the end of said 10 -day period until paid, and
the Partnership also agrees to pay all costs of collection, including reasonable
attorneys' fees, whether suit be brought or not, and interest at the highest rate then
allowed by law, or, if no maximum rate is applicable, then at the rate of twelve (12 %)
percent per annum on all such costs from the date incurred until paid.
7. If any term, condition, or provision of this Agreement, or the
application thereof to any person or circumstance, shall, to any extent, be held to be
invalid or unenforceable, the remainder hereof and the application of such term,
provision, and condition to persons or circumstances other than those at to whom it
shall be held invalid or unenforceable shall not be affected thereby, and this
agreement, and all the terms, provisions, and conditions hereof, shall, in all other
respects, continue to be effective and to be complied with to the full extent permitted
by law.
8. 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:
-5-
To City: 4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
To Partnership: 401 Groveland Avenue
Minneapolis, Minnesota 55403
Attention: Norman P. Bjornnes, Jr.
Such addresses may be changed by either party upon notice to the other party given
as herein provided.
9. In the event that the Partnership 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 from and after notice thereof is given to the Partnership,
then in that event, in addition to any other remedies then available to the City at
law or in equity, the City may revoke the rights hereby granted for the use of the
Easement Area, and upon such revocation, the Partnership agrees to immediately
remove all of the Ventilator Shaft from the Easement Area and to restore the
Easement Area to the condition it was in immediately prior to the construction of
the Ventilator Shaft.
10. The terms and provisions hereof shall be binding upon the parties
hereto, and their respective successors and assigns, and shall run with the title to the
Subject Property and Easement Area, and be binding upon all present and future
owners of the Subject Property and all present and future holders of the rights of the
City under the Easements and this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be duly executed the day and year first above written.
CITY OF EDINA, MINNESOTA
By
s c
Its Mayor
And
Its Manager
LINCOLN DRIVE PARTNERS
B �Wo�
Y
Its General Partne
-7-
STATE OF MINNESOTA )
)Ss-
COUNTY OF HENNEPIN )
The foregoing instrument was acknowl�,dged before me this -2V� -- day of
�1 arm ,1992, by F� d c, << lc S X r& and
ICck �{ K E- � /4.f 1--d , the KL.', o" and h ev
respectively, of the City of Edina, Minnesota, a municipal corporation, & behalf of
the corporation.
KA9 MARCELLA R1. rA7— ' I
tall., NOTARY PUZU3 ' ._"0 TA
HE\NEPIN
w; : : f
My Commission Expire.; Apr. 21, 1998
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me this 'Z Y 14— day of
Iiia ,'cL. , 1992, by lVoi, -•,,- P - , . Si -- , the general partner,
of Lincoln Drive Partners, a Minnesota limited partnership, on behalf of the
partnership.
»
MARCELlA M. DAEHN
NOTARY PUBLIC - MINNESOTA
HENNEPIN CCUNTY Notary Public
r,'y Commission Expire
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX.
Drafted by:
DORSEY & WHITNEY
2200 First Bank Place East
Minneapolis, Minnesota 55402
All of Lot 1, Block 2, INTERLACHE ;t HILLS 3RD ADDITION, according to the
recorded plat thereof, being described by metes and bounds as follows:
Beginning at the southwest corner of said Lot 1; thence along the west
line thereof North 0 degrees 02 minutes 00 seconds East, assumed basis
of bearings, a measured distance of 263.67 feet (263.75 feet record) to
the northwest corner of said Lot; thence along the north line thereof
South 89 degrees 57 minutes 08 seconds East 418.32 feet measured (South
89 degrees 58 minutes 00 seconds East 418.68 feet, record) to the
northeast corner of said Lot ; thence.along the easterly line of said
Lot, and along a nontangential curve, concave easterly and having a
radius of 323.28 feet, measured and record, a measured central angle of
46 degrees 23 minutes 30 seconds (48 degrees 24 minutes 18 seconds
record) and a measured chord of 265.00 feet bearing South 05 degrees 41
minutes 15 seconds East, a measured arc distance of 273.04 feet (273.11
feet record) to the southeast corner of said Lot 1; thence along the
south line thereof North 89 degrees 57 minutes 08 seconds West 444.73
feet, measured (North 89 degrees 58 minutes 00 seconds West 445.02
feet, record) to the southwest corner of said Lot 1 and the point of
beginning;
Together with that part of Lot 2, Block 2, I14TERLACHEN HILLS 3RD ADDITION,
according to the recorded plat thereof, described as follows:
Beginning at the northwest corner of said Lot 2; thence South 0 degrees
02 minutes 00 seconds West, assumed basis of bearings, along the west
line of said Lot 2, a distance of 207.17 feet, measured and record;
thence South 89 degrees 58 minutes 00 seconds East 355.00 feet,
measured and record; thence North 41 degrees 33 minutes 57 seconds East
199.07 feet, measured (North 41 degrees 34 minutes 58 seconds East
199.34 feet, record) to a point in the easterly line of said Lot 2,
distant thereon 13.61 feet southeasterly from a point of curve in said
easterly line; thence North 40 degrees 13 minutes 01 second West,
measured (North 40 degrees 11 minutes 31 seconds West, record) along
the easterly line of said Lot 2 a distance of 13.61 feet, measured and
record, to the aforementioned point of curve; thence northwesterly a
measured distance of 58.31 feet (58.23 feet record) along said easterly
line, being a tangential curve, concave to the east, having a radius of
323.28 feet, measured and record, and a measured central angle of 10
degrees 20 minutes of second (10 degrees 19 minutes 13 seconds record)
to the northeast corner of said Lot 2; thence North 89 degrees 57
minutes 03 seconds West 444.73 feet, measured (North 89 degrees 58
minutes 00 seconds West 445.02 feet, record) along the north line of
said Lot 2 to the point of beginning.
(Hennepin county, T ^;)
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City of Edina
March 24, 1992
Mr. Norman P. Bjornnes, Jr.
Lincoln Drive Partners
401 Groveland Avenue
Minneapolis, MN 55403
Re: Resolution Vacating Easement for Drainage and Utility Purposes
Resolution Vacating Easements for Public Park Lands, Public Open
Open Space and Storm Water Pond and Holding Area
Agreement - Use of Utility Easement
INTERLACHEN HILLS 3RD ADDITION - The Lincoln Apartments
Dear Mr. Bjornnes:
Enclosed are two certified copies of the resolutions adopted by the Edina City
Council on March 16, 1992 and two certified copies of the Notice of Completion
with regard to the above referenced easement vacations.
Also enclosed is a signed copy of the Agreement - Use of Utility Easement for
the ventilator shaft constructed on the easement area.
It is my understanding that you will have the documents entered into the
transfer record of the County Auditor and filed with the County Recorder.
Please provide my office with the recording data when this has been
accomplished.
Very truly yours,
Marcella M. Daehn
City Clerk
(9) enclosures
cc: Jerry Gilligan
Dorsey & Whitney
w /enclosures
City Hall (612) 927 -8861
4801 WEST 50TH STREET FAX (612) 927 -7645
EDINA, MINNESOTA 53424 -1394 TDD 1b 12) 927 -5461
1RANSFER ENTERED
DEPT Of PR(*FRIY 1; l C. f4j6. tCRECORDS ``
eMAR sl 1992 r Iz i V
E P)N MiNN
Ry' PU T
11 , -A
RESOLUTION VACATING. EASEMENTS FOR PUBLIC PARK LANDS,
PUBLIC OPEN SPACE AND STORM WATER POND AND HOLDING AREA
IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA
WHEREAS, a resolution of the City Council, adopted the 18th day of February,
1992, fixed a date for a public hearing on a proposed vacation of easements
for public park lands, public open space and storm water pond and holding area
purposes: and
t,'fIER1:'.S. two weeks published and posted notice of said hearing was given and
the hearing was held on the 16th day of March, 1992, at which time all persons
desiring to be heard were given an opportunity to be heard thereon; and
VIiEREAS, the Council deems it to be in the best interest of the City and of
the public that said easements vacation be made; and
WHEREAS, the Council has considered the extent to which the vacation affects
existing easements within the area of the vacation and the extent to which the
vacation affects the authority of any person, corporation, or municipality
owning or controlling electric, telephone or cable television poles and lines,
gas and sewer lines, or water pipes, mains, and hydrants on or under the area
of the proposed vacation, to continue maintaining the same, or to enter upon
such easement area or portion thereof vacated to maintain, repair, replace,
remove, or otherwise attend therctn;
NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Edina,
Hennepin County, Minnesota that the following described easements for public
park lands, public open space and storm water pond and holding area bo and are
hereby vacated effective as of March 16, 1992:
The dedicated easements for public park lands, public open space and
storm water pond -and holding area in and to the easterly twonty (20)
feet of Outlot A, INTF.RLACHEN BILLS 3RD ADDITION according to the
recorded plat thereof, wlcich lies cast of the northerly extension of the
west linos of Lots 29 through 35, Block 1, in said INTERLACHEN HILLS 3RD
ADDITION, but reserving the easement for utility and drainage purposes
In and to such promises grantad by the Easement for Public Utilities
Purposes, by and botwoon Wallace B. Konnoth and Joan K., Kenneth and the
City of Edina, Minnesota, dated May 14, 1984, and recorded as Documant
No. 4894325 in tho office of the County Recordar in and for Hennepin
County, Minnesota.
I'lce City Clork is authorizod and directod to cause a notice+ of completion of
proceodinga to be prepared, entered in the transfer record of the County
Auditor, and filed with the County Recorder, in accordanco with Minnesrcn
.Statutes, Section 412.851.
City Hall Ih 121 112 7 •It11h I
JIM %%'I \I ;u III VKII I I A\ u.I.,. 'b.l .
IONS AIFVNIAIIIAiii :a•11'N Ilgtu•l: t :''.h'
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'11 , ,I 1`( 1111; •
NOTICE OF COMPLETION OF PROCEEDINGS
ON VACATION OF EASEMENTS FOR PUBLIC PARK LARDS.
PUBLIC OPEN SPACE AND STORM VATER POND AND HOLDING AREA PURPOSES
IN THE CITY OF EDINA. HENNEPIN COUNTY. MINNESOTA
NOTICt IS HEREBY GIVEN that the City Council of Edina, llannopin County,
x1nnesota, on March 16, 1992, adopted a Resolution Vacating Easements for
Public Park Lands, Public Open Space and Storm Water Pond and Holding Aran
Purposes, after public hearing and notice thereof as required by law and after
determining it to be in the host interest of rho City and of the public that
said easements vacation be made, which resolution ordered the vacation of the
following described easements for public park lands, public open space and
storm water pond and holding area purposes all as plattod and of record in the
office of the County Recorder in and for Ilennopin County, Minnesota:
The dedicated easements for public park lands, public open space and
storm water pond and holding area in and to the enstorly twenty (20)
feet of Outlot A. INTERLACHENN HILLS 3RD ADDITION according to the
recorded plat thereof, which lice oast of the northerly extension of t1lo
vast Linos of Lots 29 through 35. Block 1, In said INTERLACHEN 11ILLS 3RD
ADDITION. but reserving the casement for utility and drainage purposes
in and to such promises grantod by the Easement for Public Utilities
Purposes. by and between Wallace B. Kannach And Joan M. Kenneth and the
City of Edina. Minnaenca, d.acod May 14, 1984, and recorded 431 Document
4594325 in the office of the County Recorder in and for 11onnopin
County. Minnesota.
;he time of completion of proceedings and the offoccive data of staid vacation
Is :larch 17. 1992.
BY ORDER OF THE CITY COUNCIL,
CITY OF EDINA.
/A/111" f/Ih alt —
Marcella M. Daahp
City Cler)&
,' ,fry :�--iti �f `� \M j`�•
Chy Hall ((,12) 9!7.111161
1fw 11 N1�1 'd lltl NKI I 1 1 • \\ �1.tS •1:' '1.1 •
IIN \A. Nit \IYIt 151;4•I1161 II 111•1.1:.•�:'•'•N•1
B
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA ) CERTIFICATE OF CITY CLERK
1, the undersigned duly appointed and acting City Clork for tho City of Edina
do h.reby corcify that the attached and foregoing Rosolucion is a cruo and
correct copy of tho Resolution duly adopted by the Edina City Council at its
Regular Meeting of March 16, 1992, and as recordod in the Minutes of said
Regular Meeting.
WITNESS my hand and Seal of said City this 23rd day of March, 1992.
Marcella M. Daahn
City Clerk
5894'796
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