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Home My WebLink About2484`4 R t ACCESS EASEMENT AGREEMENT THIS AGREEMENT made and entered into this 15th day of November, 1994, by and between CITY OF EDINA, a Minnesota municipal corporation (hereinafter called "City "), and DONOVAN A. ERICKSON and BETH H. ERICKSON, husband and wife (hereinafter called "Owner," whether one or more). WITNESSETH, THAT: WHEREAS, Owner is the owner of the property situated in Edina, Hennepin County, Minnesota, described on Exhibit A attached hereto (hereinafter called "Parcel A ") and described on Exhibit B attached hereto (hereinafter called "Parcel B "), which has a present address of 6508 Stauder Circle (Parcel A and Parcel B are hereinafter together called "Subject Property "); and WHEREAS, Section 850.07, subdivision 11 of the Edina City Code requires that all platted lots in the City have at least 30 feet of frontage on at least one public street; and WHEREAS, Parcel B does not have frontage on any public street and the Owner has applied to the City for a variance from the requirements of Section 850.07, subdivision 11 of the City Code in order to permit the development of a single family dwelling unit on Parcel B; and WHEREAS, the Zoning Board of Appeals did, on November 18, 1993, in Case No. B -93 -51 grant the requested variance because strict enforcement of the City Code would, in this case, cause undue hardship because of circumstances unique to the Subject Property subject to the condition that (i) driveway access to Parcel B be from Stauder Circle and across Parcel A pursuant to a recorded access easement agreement, and (ii) the Owner execute a hold harmless agreement releasing the City from any and all liability for incidents and circumstances arising from the lack of frontage on a public street for Parcel B; and WHEREAS, the decision of the Zoning Board of Appeals in Case No. B -93 -51 was appealed by the Owner to the City Council, and on January 3,1994, the City Council upheld the decision of the Zoning Board of Appeals in Case No. B- 93 -51; and WHEREAS, the Owner is agreeable to granting of the variance from the requirements of Section 850.07, subdivision 11, subject to the conditions hereinafter set out. ` ({ yp� S �j ryp y 33"a 40� il.'M. X�+.7 5^kNY�aH JAN 1 1995 0Ff-"UT �r It NOW, THEREFORE, for and in consideration of the granting by the City of the above requested variance and the mutual covenants and agreements hereinafter set out, the parties hereto do hereby agree as follows: 1. Grant of Access Easement Over Parcel A for the Benefit of Parcel B. The Owner hereby grants a permanent, non - exclusive easement on, over, under and across those portions of Parcel A shown on Exhibit C hereto for use as a driveway to provide access to Parcel B from Stauder Circle, which easement may not be modified, amended or terminated by the Owner without the prior written consent of the City. The easement created and granted by this Section 1 includes the right of the Owner of Parcel B and its contractors, agents, representatives and assigns to enter upon the areas subject to the easement with such laborers and equipment as may be reasonably determined by such Owner to be necessary for the purpose of doing any construction, installation, maintenance or repair to or on the easement area so as to enable the use, enjoyment and benefit of such easement. 2. Release of City from Any Liabili . The Owner acknowledges and agrees that the City shall have no liability or obligation of any kind for any claim or demand arising out of or claimed to arise out of the lack of Parcel B to have frontage on any public street, all of which liability, if any, of the City is hereby released by the Owner. 3. Access to Parcel B from Stauder Circle. The Owner agrees that driveway access to Parcel B shall be from Stauder Circle only and the Owner shall not utilize a driveway from any other public street to provide access to Parcel B. 4. Enforcement. This Agreement may be enforced by any of the parties hereto and other successors and assigns by legal or equitable action in Hennepin County District Court. In the event an action is commenced, the prevailing party shall be entitled to recover costs and expenses incurred in such action, including reasonable attorneys fees, from the nonprevailing party. 5. Severability. 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. 6. Notices. 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, -2- 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: To City: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager / 1��7� •�/ �1nd 1%a•✓a•vo, A £d/Cksol✓ To Owner: y 2v, Edina, Minnesota 554.3G Such addresses may be changed by either party upon notice to the other party given as herein provided. 7. Agreement Runs With the Land. The terms and provisions hereof shall be binding upon the parties hereto, and their respective successors and assigns, and the rights, easements, benefits and burdens herein contained shall run with the title to the Subject Property and be binding upon all present and future owners of the Subject Property. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. CITY OF EDINA By .� S Its Mayor Its Manager �bltovcrr� �1`f�cKSon i -6cih 0. f(tGKribh -3- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing inspument was acknowledged before me this day of 199X,'by F-ye d t „.i IF_ 4 4' and ( l” , the Mayor and City Manager, respectively, of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation. MARCELLA M. DAEHN . 7"R' NOTARY PUBLIC - MIXI,.SOTA t `�::_' •'` L:/ Commission Expires Apr. 21.1993 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) - — h - 04e'k- Notary Public The foregoing instrument was acknowledged before me this 1S Z�' day of � ,1994, by dePf & Ff Zese.✓ and A he2,ra;/husband and wife. JEFFREY M. SCHCFNWETTER NOTARY PUBLIC - miNNE80TA HENNEPIN COUNTY My Commission Expires Jan. 31.1999 Notary Public THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by- DORSEY & WHITNEY (JPG) 220 South Sixth Street Minneapolis, Minnesota 55402 -4- EXHIBIT A That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying westerly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. EXHIBIT B That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. EXHIBIT C An easement 20.00 feet in width over and across part of Lot 7, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota and part of Stauder Circle as dedicated on the plat of said PARKWOOD KNOLLS and now vacated. The center line of said easement is described as follows: Commencing at the northeast corner of Lot 8 said Block 5, thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 08 seconds West along said southeasterly line a distance of 108.50 feet; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distance 52.11 feet southwesterly of the northeast corner of said Lot 7; thence South 22 degrees 53 minutes 05 seconds East, along the last described line which is hereinafter referred to as "Line A ", a distance of 61.00 feet to the point of beginning of the center line to be described; thence South 60 degrees 06 minutes 52 seconds West a distance of 74.00 feet; thence southwesterly a distance of 77.43 feet along a tangential curve concave to the southeast having a radius of 125.00 feet and a central angle of 35 degrees 29 minutes 22 seconds; thence South 24 degrees 37 minutes 30 seconds West, tangent to said curve, a distance of 60.51 feet to the southwesterly line of that part of Stauder Circle vacated and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said southwesterly line of Stauder Circle vacated and on said "Line A ". Fj SOTA r. D : "i IS735 JHI 'Ni 13 PM 3: 57 638 C; rct All R 638'7805 ACCESS EASEMENT AGREEMENT THIS AGREEMENT made and entered into this 15th day of November, 1994, by and between CITY OF EDINA, a Minnesota municipal corporation (hereinafter called "City "), and DONOVAN A. ERICKSON and BETH H. ERICKSON, husband and wife (hereinafter called "Owner," whether one or more). WITNESSETH, THAT: WHEREAS, Owner is the owner of the property situated in Edina, d Hennepin County, Minnesota, described on Exhibit A attached hereto (hereinafter i called "Parcel A ") and described on Exhibit B attached hereto (hereinafter called �� "Parcel B "), which has a present address of 6508 Stauder Circle (Parcel A and Parcel B are hereinafter together called "Subject Property "); and N WHEREAS, Section 850.07, subdivision 11 of the Edina City Code requires that all platted lots in the City have at least 30 feet of frontage on at least one public street; and WHEREAS, Parcel B does not have frontage on any public street and the Owner has applied to the City for a variance from the requirements of Section - 850.07, subdivision 11 of the City Code in order to permit the development of a single family dwelling unit on Parcel B; and WHEREAS, the Zoning Board of Appeals did, on November 18, 1993, in Case No. B -93 -51 grant the requested variance because strict enforcement of the City Code would, in this case, cause undue hardship because of circumstances unique to the Subject Property subject to the condition that (i) driveway access to Parcel B be from Stauder Circle and across Parcel A pursuant to a recorded access easement agreement, and (ii) the Owner execute a hold harmless agreement releasing the City from any and all liability for incidents and circumstances arising from the lack of frontage on a public street for Parcel B; and WHEREAS, the decision of the Zoning Board of Appeals in Case No. B -93 -51 was appealed by the Owner to the City Council, and on January 3, 1994, the City Council upheld the decision of the Zoning Board of Appeals in Case No. B- 93 -51; and WHEREAS, the Owner is agreeable to granting of the variance from the requirements of Section 850.07, subdivision 11, subject to the conditions hereinafter set out. t4AND PRIOR TAXES PAID TAXPAYER SERVICES TRANSFER ENTERED JAN 13 1985 �� IN CC�(7 NN. "s"�� EPUTY t NOW, THEREFORE, for and in consideration of the granting by the City of the above requested variance and the mutual covenants and agreements hereinafter set out, the parties hereto do hereby agree as follows: 1. Grant of Access Easement Over Parcel A for the Benefit of Parcel R. The Owner hereby grants a permanent, non - exclusive easement on, over, under and across those portions of Parcel A shown on Exhibit C hereto for use as a driveway to provide access to Parcel B from Stauder Circle, which easement may not be modified, amended or terminated by the Owner without the prior written consent of the City. The easement created and granted by this Section 1 includes the right of the Owner of Parcel B and its contractors, agents, representatives and assigns to enter upon the areas subject to the easement with such laborers and equipment as may be reasonably determined by such Owner to be necessary for the purpose of doing any construction, installation, maintenance or repair to or on the easement area so as to enable the use, enjoyment and benefit of such easement. 2. Release of City from om Any Liability- The Owner acknowledges and agrees that the City shall have no liability or obligation of any kind for any claim or demand arising out of or claimed to arise out of the lack of Parcel B to have frontage on any public street, all of which liability, if any, of the City is hereby released by the Owner. 3. Access to Parcel B from Stauder Circle. The Owner agrees that driveway access to Parcel B shall be from Stauder Circle only and the Owner shall not utilize a driveway from any other public street to provide access to Parcel B. 4. Enforcement. This Agreement may be enforced by any of the parties hereto and other successors and assigns by legal or equitable action in Hennepin County District Court. In the event an action is commenced, the prevailing party shall be entitled to recover costs and expenses incurred in such action, including reasonable attorneys fees, from the nonprevailing party. 5. Severability. 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. 6. Notices. 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, -2- 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: To City: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager / x,AW // Aid 1)OW 11 A :Fwleks0�1 To Owner: ..r501 � /Cam Edina, Minnesota 554 36 Such addresses may be changed by either party upon notice to the other party given as herein provided. 7. Agreement Runs With the Land. The terms and provisions hereof shall be binding upon the parties hereto, and their respective successors and assigns, and the rights, easements, benefits and burdens herein contained shall run with the title to the Subject Property and be binding upon all present and future owners of the Subject Property. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. 511 CITY OF EDINA By Its Mayor Its Manager �pnou�.,r� �Z- f�cKSon -6c° -k h 0. frt' -K50h 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing ins ument was acknowled ed before me this day of 1994, -by FUe 4,e 'C- 4=11, and &n.-'.4 41 40.4 , the Mayor and City Manager, respectively, of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation. MARCELLA M. DAEHN in NOTARY PUBLIC - h91 ?: ?dcSOTA HENNEPIN CC� P.`/ Commission Expires Apr. 21, IM STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged before me this iS e� day of ,1994, by /3e;w ��r'C/�s� ✓ and /✓,,IA /I irclCm ,/ husband and wife. JEFFREY M. SCHOENWETTER NOTARY PUBLIC - MENNESCFTA HENNEPIN COUNTY W, Coerrjis W Expires Jan. 31, IM Notary Public THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by: DORSEY & WHITNEY (JPG) 220 South Sixth Street Minneapolis, Minnesota 55402 -4- y Jk wM�. r � "'^�M.FN> ^d'''am Rte''" .. � r �� _,t ti EXHIBIT A That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying westerly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. EXHIBIT B That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. EXHIBIT C An easement 20.00 feet in width over and across part of Lot 7, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota and part of Stauder Circle as dedicated on the plat of said PARKWOOD KNOLLS and now vacated. The center line of said easement is described as follows: Commencing at the northeast corner of Lot 8 said Block 5, thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 08 seconds West along said southeasterly line a distance of 108.50 feet; thence North 22 degrees 53 minute�4ieconds West a distance of 301.12 feet to a point on the north lineof said Lot 7, distance 52.11 feet southwesterly of the, northeast corner of said Lot 7; thence South 22 degrees 53 minutes 05 seconds East, along the last described line which is hereinafter referred to as "Line A ", a distance of 61.00 feet to the point of beginning of the center line to be described; thence South 60 degrees 06 minutes 52 seconds West a distance of 74.00 feet; thence southwesterly a distance of 77.43 feet along a tangential curve concave to the southeast having a radius of 125.00 feet and a central angle of 35 degrees 29 minutes 22 seconds; thence South 24 degrees 37 minutes 30 seconds West, tangent to said curve, a distance of 60.51 feet to the southwesterly line of that part of Stauder Circle vacated and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said southwesterly line of Stauder Circle vacated and on said "Line A ". 6387805 l3jAN915'15:5-5 A61-78780!5 CD $4. 510 13JAN-9515:55 A6387805 DOC $16.00 13 ?5 J �' :113 r'14 3: 57 CO. RECORDER )rD[JTY -7 7 /J�)- 3 y OV P1 AMENDMENT TO EASEMENT AGREEMENT THIS AMENDMENT TO EASEMENT AGREEMENT (this "Amendment ") is made and entered into as of this 44ay of Lce4e r , 2008, by LAWRENCE C. HOLTZ and CYNTHIA B. HOLTZ, husband and wife (collectively, "Owner"). RECITALS: Owner is the owner of the property situated in Edina, Hennepin County, Minnesota, described on Exhibit A and Exhibit B attached hereto and made a part hereof (collectively, the "Property"). 1� The Property is subject to that certain Access Easement Agreement dated November 15, 1994, filed January 13, 1995, as Document No. 6387805 (the "1994 Easement "). As the owner of both the benefited and burdened properties under the 1994 Easement, Owner desires to amend the 1994 Easement, as set forth below in this Amendment. NOW, THEREFORE, subject and pursuant to this Amendment, Owner declares the Property is and shall be held, transferred, sold, conveyed and occupied together with and subject to the easement, agreements, terms and provisions set forth in the 1994 Easement, as amended by this Amendment, which easement, agreements, terms and provisions shall run with the Property and shall inure to the benefit of and be binding upon Owner and Owner's successors and assigns as the holders of any right, title or interest in or to the Property or any part thereof. 1.) Recitals. The foregoing recitals are correct and are incorporated herein. 2.) Definitions. Unless otherwise expressly defined in this Amendment or unless the context otherwise requires, capitalized words and terns used in this Amendment shall have the same meaning as in the 1994 Easement. In addition, the following words and terms shall have the following designated meanings: (a) "1994 Easement" shall have the meaning given in the Recitals to this Amendment. (b) "Access Easement" shall mean the access easement granted in Section I of the 1994 Easement, as modified by this Amendment. (c) "Easements" shall collectively mean the Access Easement and the Utilities Easements. (d) "Parcel A" shall mean the real property described on Exhibit A attached hereto. (e) "Parcel B" shall mean the real property described on Exhibit B attached hereto. (f) "Parcel B Driveway" shall mean any driveway now or hereafter constructed in the Access Easement for access to and from Parcel B. (g) "Utilities Easements" shall mean the utilities easements granted and described in Section 4 of this Amendment. 3.) Access Easement. The legal description of the Access Easement, as set forth on Exhibit C attached to the 1994 Easement, is hereby amended, restated and replaced in its entirety with the legal description set forth on Exhibit C attached hereto and made a part hereof. The Access Easement, as hereby amended, is depicted on Exhibit D attached hereto and made a part hereof. The Access Easement shall be an exclusive easement for the benefit of Parcel B and the owners and occupants thereof, except that the southerly fifty (50) feet of the Access Easement shall be non - exclusive and may also be used by the owners and occupants of Parcel A. By way of example, but without limitation, any driveway now or hereafter constructed on Parcel A (for use by the owners and occupants of Parcel A) may connect to the Parcel B Driveway within said southerly fifty (50) feet of the Access Easement and may share in the use of all or any part of the curb cut for the Parcel B Driveway to Stauder Circle. 4.) Utilities Easements. Owner hereby grants and declares, and there shall hereby exist for the benefit of Parcel B, a permanent, non - exclusive easement, on, over, under and across, as applicable, those portions of Parcel A that are currently being used for utilities purposes serving Parcel B, including, but not limited to, water and sanitary sewer purposes (the "Utilities Easements °'). At the request of the owner of Parcel A, the owner of Parcel B shall cause said utilities to be identified and located and shall cause accurate legal descriptions for the same to be prepared (the "Utility Easement Legal Descriptions "), at the expense of the owner of Parcel B. The width of the Utility Easement Legal Descriptions shall be as narrow as reasonably possible and shall in no event exceed five feet for any given utility. The owner of Parcel B shall thereupon release the Utilities Easements except to the extent embraced within the Utility Easement Legal Descriptions, and the owner of Parcel B shall execute and deliver to the owner of Parcel A a recordable instrument to memorialize the same. 5.) Modification of Easement Areas. All or any part of any one or more of the Utilities - Easements may be relocated from time to time by, and at the sole expense of, the owner of Parcel A if all of the following terms and conditions are satisfied: (a) The owner of Parcel A delivers not less than thirty (30) days' written notice to the owner of Parcel B prior to commencing the relocation, which notice must include a description of the proposed relocation and a site sketch depicting the proposed relocation; (b) During the relocation process, the easement rights granted under the 1994 Easement, as amended, shall not be materially interfered with; (c) The owner of Parcel A fully repairs and restores all damage caused by or in connection with such relocation; (d) After the relocation, the newly relocated easement area and improvements thereto are reasonably equivalent to the easement area and improvements thereto prior to the relocation for all practical and functional purposes; (e) The owner of Parcel B is not materially adversely affected as a result of the relocation; and (f) If, prior to the proposed relocation, Utility Easement Legal Descriptions were prepared in accordance with Section 4 of this Amendment, then the owner of Parcel A shall be responsible for preparing new Utility Easement Legal Descriptions for each of the relocated Utilities Easements. In such event, the owner of Parcel A and the owner of Parcel B shall execute a recordable instrument memorializing the changes to each of the Utility Easement Legal Descriptions. 6.) Maintenance and Repair. Maintenance and repair rights and obligations are as follows: (a) The owner of Parcel A shall not cause any obstruction of any of the Easements. (b) At the sole expense of the owner of Parcel B, the owner of Parcel B shall at all times maintain and keep the Parcel B Driveway in good condition and repair. (c) The owner of Parcel A shall have no maintenance or repair obligations in connection with any of the Easements other than the obligation to repair any damage thereto caused by the owner or occupants of Parcel A or said owner's or occupants' agents, contractors or invitees. 7.) No Mereer. The 1994 Easement, as amended, and the easements and the covenants established by the 1994 Easement, as amended, shall not merge, terminate or be affected in any manner by reason of any common ownership of Parcel A, Parcel B and/or the Easements. 8.) Ratification. In the event of any conflict or inconsistency between this Amendment and the 1994 Easement, this Amendment shall govern and control. As hereby amended, the 1994 Easement is ratified and affirmed. 3. IN WITNESS WHEREOF, the Owner has caused this Amendment to be executed as of the day and year first written above. Lawrence C. Holtz ' Cyn B. Holtz STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2008, by LAWRENCE C. HOLTZ and CYNTHIA B. HOLTZ, husband and wife. j a a SARA :J�-RASMUSSEN No Public WTM1•YM&WTA WAXWWWWWO CONSENT BY CITY Pursuant to Section 1 of the 1994 Easement, the City of Edina, Minnesota municipal corporation, hereby consents to this Amendment. CITY OF 4. Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) AA Th foregoing instrument ac wl ged before me this C day f ►�1Q «M t , 2008, by �� <� L�1 and ��4 k the Mayor and City Manager, respectively, of the CITY OF EDIN.A, a Minnesota municipal corporation. o'C, A W�'- � � Notary Public Vw�►�aw�w^.�JV�wn.�n• k SHARON 14. ALLISON " NOTARY PUBLIC -;r,9 NNESOTA Mp COMMIS8ian Expire. 'an. 31.2009 *Y J�N4M! r14R8.0VV � 5. EXHIBIT A Legal Description of Parcel A: That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying westerly of the following described line: Commencing at the northeast comer of said Lot 8; thence South I degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast comer of said Lot 7 and there terminating. Together with 1/2 of vacated Stauder Circle adjoining said Lot 7. And Outlot One and Outlot Two, Parkwood Knolls 9th Addition, Hennepin County, Minnesota. MAN owl RIN 8 Legal Description of Parcel B: That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. IMM • Description of Access Easement Area: That part of Parcel A (as Parcel A is described on Exhibit A of this Amendment) described as follows: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet; thence North 22 degrees 53 minutes 08 seconds West a distance of 224.41 feet to the point of beginning of the easement to be described; thence continuing North 22 degrees 53 minutes 08 seconds West a distance of 58.82 feet; thence westerly 17.39 feet, along a non - tangential curve, concave to the south, having a central angle of 09 degrees 46 minutes 10 seconds, a radius of 101.97 feet and a chord bearing South 85 degrees 24 minutes 58 seconds West; thence South 80 degrees 31 minutes 53 seconds West, tangent to last described curve, a distance of 37.22 feet; thence southwesterly 30.27 feet, along a tangential curve, concave to the southeast, having a central angle of 67 degrees 43 minutes 27 seconds and a radius of 25.61 feet; thence southerly 53.50 feet, along a reverse curve, concave to the west, having a central angle of 12 degrees 28 minutes 38 seconds and a radius of 245.65 feet; thence southerly 10.27 feet, along a reverse curve, concave to the east, having a central angle of 08 degrees 36 minutes 18 seconds and a radius of 68.39 feet; thence South 16 degrees 40 minutes 46 seconds West, tangent to last described curve, a distance of 96.33 feet; thence southwesterly 6.94 feet, along a tangential curve, concave to the northwest, having a central angle of 17 degrees 20 minutes 01 seconds and a radius of 22.93 feet to the southwesterly line of vacated Stauder Circle per Doc. No. 2167562; thence southeasterly 20.42 feet, along said southwesterly line of vacated Stauder Circle, being a non - tangential curve, concave to the southwest, having a central angle of 11 degrees 08 minutes 30 seconds, a radius of 105.00 feet and a chord bearing of South 57 degrees 30 minutes 51 seconds East; thence northerly 8.92 feet, along a non - tangential curve, concave to the east, having a central angle of 22 degrees 58 minutes 33 seconds, a radius of 22.24 feet and a chord bearing of North 05 degrees 23 minutes 28 seconds East; thence North 16 degrees 52 minutes 44 seconds East, tangent to last described curve, a distance of 34.06 feet; thence North 18 degrees 14 minutes 04 seconds East a distance of 124.96 feet; thence northeasterly 16.57 feet, along a tangential curve, concave to the southeast, having a central angle of 75 degrees 19 minutes 08 seconds and a radius of 12.60 feet; thence southeasterly 45.95 feet, along a compound curve, concave to the southwest, having a central angle of 41 degrees 35 minutes 01 seconds and a radius of 63.31 feet; thence easterly 31.07 feet, along a reverse curve, concave to the north, having a central angle of 59 degrees 52 minutes 57 seconds and a radius of 29.73 feet to the point of beginning. Depiction of Access Easement Area: EXHIBIT D [attached] EXHIBIT D N x MM Access Easement a a 3 a I IY I / � I 9/ I I 41 C, *11 0 1 6 tE t f .iv- MCI f tt 1 R S i tell r ��•�il[ i �f { �r� `[ E f 9:l } �; • Rr= � S t lEI f �F 8504 STAUDR CIRCLE James R. Hill, Inc. SXMH AND DBSCRMON PLANNERS / DIGNEERS / SURVEYORS 9 ? a m LARRY HOLTL M a ft Az S. n4 s.MM w sm OU SMM9 M m EAA. [2.Ak . ESNU SU24 .MiE (952OW6944 FAR (9E*WC" L1 L Y 1 I I I Y 1 �......... - ....... w - -- ------ - - - - -I— - P >E 9 a I IE [I� i fl( 01 � � � s P IY I / � I 9/ I I 41 C, *11 0 1 6 tE t f .iv- MCI f tt 1 R S i tell r ��•�il[ i �f { �r� `[ E f 9:l } �; • Rr= � S t lEI f �F 8504 STAUDR CIRCLE James R. Hill, Inc. SXMH AND DBSCRMON PLANNERS / DIGNEERS / SURVEYORS 9 ? a m LARRY HOLTL M a ft Az S. n4 s.MM w sm OU SMM9 M m EAA. [2.Ak . ESNU SU24 .MiE (952OW6944 FAR (9E*WC" 41 C, *11 0 1 6 tE t f .iv- MCI f tt 1 R S i tell r ��•�il[ i �f { �r� `[ E f 9:l } �; • Rr= � S t lEI f �F 8504 STAUDR CIRCLE James R. Hill, Inc. SXMH AND DBSCRMON PLANNERS / DIGNEERS / SURVEYORS 9 ? a m LARRY HOLTL M a ft Az S. n4 s.MM w sm OU SMM9 M m EAA. [2.Ak . ESNU SU24 .MiE (952OW6944 FAR (9E*WC" ACCESS EASEMENT AGREEMENT THIS AGREEMENT made and entered into this 15th day of November, 1994, by and between CITY OF EDINA, a Minnesota municipal corporation (hereinafter called "City"), and DONOVAN A. ERICKSON and BETH H. ERICKSON, husband and wife (hereinafter called "Owner," whether one or more). WITNESSETH, THAT; WHEREAS, Owner is the owner of the property situated in Edina, Hennepin County, Minnesota, described on Exhibit A attached hereto (hereinafter called "Parcel A ") and described on Exhibit B attached hereto (hereinafter called "Parcel B "), which has a present address of 6508 Stauder Circle (Parcel A and Parcel B are hereinafter together called "Subject Property "); and WHEREAS, Section 850.07, subdivision 11 of the Edina City Code requires that all platted lots in the City have at least 30 feet of frontage on at least one public street; and WHEREAS, Parcel B does not have frontage on any public street and the Owner has applied to the City for a variance from the requirements of Section 850.07, subdivision 11 of the City Code in order to permit the development of a single family dwelling unit on Parcel B; and WHEREAS, the Zoning Board of Appeals did, on November 18, 1993, in Case No. B -93-51 grant the requested variance because strict enforcement of the City Code would, in this case, cause undue hardship because of circumstances unique to the Subject Property subject to the condition that (i) driveway access to Parcel B be from Stauder Circle and across Parcel A pursuant to a recorded access easement agreement, and (ii) the Owner execute a hold harmless agreement releasing the City from any and all liability for incidents and circumstances arising from the lack of frontage on a public street for Parcel B; and WHEREAS, the decision of the Zoning Board of Appeals in Case No. B -93 -51 was appealed by the Owner to the City Council, and on January 3, 1994, the City Council upheld the decision of the Zoning Board of Appeals in Case No. B- 93 -51; and WHEREAS, the Owner is agreeable to granting of the variance from the requirements of Section 850.07, subdivision 11, subject to the conditions hereinafter set out. NOW, THEREFORE, for and in consideration of the granting by the City of the above requested variance and the mutual covenants and agreements hereinafter set out, the parties hereto do hereby agree as follows: 1. Grant of Access Easement Over Parcel A for the Benefit of Parcel B. The Owner hereby grants a permanent, non - exclusive easement on, over, under and across those portions of Parcel A shown on Exhibit C hereto for use as a driveway to provide access to Parcel B from Stauder Circle, which easement may not be modified, amended or terminated by the Owner without the prior written consent of the City. The easement created and granted by this Section 1 includes the right of the Owner of Parcel B and its contractors, agents, representatives and assigns to enter upon the areas subject to the easement with such laborers and equipment as may be reasonably determined by such Owner to be necessary for the purpose of doing any construction, installation, maintenance or repair to or on the easement area so as to enable the use, enjoyment and benefit of such easement. 2. Release of City from Any Liability. The Owner acknowledges and agrees that the City shall have no liability or obligation of any kind for any claim or demand arising out of or claimed to arise out of the lack of Parcel B to have frontage on any public street, all of which liability, if any, of the City is hereby released by the Owner. 3. Access to Parcel B from Stauder Circle. The Owner agrees that driveway access to Parcel B shall be from Stauder Circle only and the Owner shall not utilize a driveway from any other public street to provide access to Parcel B. 4. Enforcement. This Agreement may be enforced by any of the parties hereto and other successors and assigns by legal or equitable action in Hennepin County District Court. In the event an action is commenced, the prevailing party shall be entitled to recover costs and expenses incurred in such action, including reasonable attorneys fees, from the nonprevailing party. 5. Severabilitv_. 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. 6. otices. 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, -2- STATE OF MINNESOTA } ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this %1a day of ` 1.- n.t ;..ti ,199eby .I•_ 4ti and #11 n., , u 4 al." __ the Mayor and City Manager, respectively, of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation. r,.j`,•..4 MAR CEL.IA M. DAEHN {, NOTA`�A,�Y•1PU--:C-�R+^1.; -O�•TA �l�1Vf \�� 1.'. CV v• � I r -Y cccrni2Won Er,a A, .. 21, i s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged before me this > f day of z✓Nodfi'1/.4fX -' 1994, by / h ",Z and husband and wife. JEFFREY IAA. SCHC_NWEM NMMV PL*w - mavAMMA HENNEPIN COINS TY / L Notary Public THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by: DORSEY & WHITNEY (PG) 220 South Sixth Street Minneapolis, Minnesota 55402 -4- 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: To City: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager To Owner: J-501 y 2ort� Edina, Minnesota 554 --?6 Such addresses may be changed by either party upon notice to the other party given as herein provided. 7. Agreement Runs With the Land. The terms and provisions hereof shall be binding upon the parties hereto, and their respective successors and assigns, and the rights, easements, benefits and burdens herein contained shall run with the title to the Subject Property and be binding upon all present and future owners of the Subject Property. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. CM OF EDINA sy Its Mayor Its Manager -3- EXHIBIT A That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying westerly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. : That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, N innesota lying easterly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of s:i . 3 a distance of 289.20 feet to the southeasterly line of said Lot b, thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. �Ial;r An easement 20.00 feet in width over and across part of Lot 7, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota and part of Stauder Circle as dedicated on the plat of said PARKWOOD KNOLLS and now vacated. The center line of said easement is described as follows: Commencing at the northeast corner of Lot 8 said Block 5, thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 08 seconds West along said southeasterly line a distance of 108.50 feet; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distance 52.11 feet southwesterly of the northeast corner of said Lot 7; thence South 22 degrees 53 minutes 05 seconds East, along the last described line which is hereinafter referred to as "Line A ", a distance of 61.00 feet to the point of beginning of the center line to be described; thence South 60 degrees 06 minutes 52 seconds West a distance of 74.00 feet; thence southwesterly a distance of 77.43 feet along a tangential curve concave to the southeast having a radius of 125.00 feet and a central angle of 35 degrees 29 minutes 22 seconds; thence South 24 degrees 37 minutes 30 seconds West, tangent to said curve, a distance of 60.51 feet to the southwesterly line of that part of Stauder Circle vacated and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said southwesterly line of Stauder Circle vacated and on said "Line A ". WARRANTY DEED Form No. I -M Minnesota Uniform Individual(s) to Individual(s) (Top 3 Inches Reserved for Recording Data) Conveyancing Blanks (6/17/97) DEED TAX DUE: $ Date: 0711512008 FOR VALUABLE CONSIDERATION, Beth H Erickson single — Grantor, hereby conveys and warrants to Lawrence C. Holtz Grantee, real property in Hennepin County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants Conditions Restrictions and Easements of record if any Check box if applicable: ❑X The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Beth H. Erickson Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF HENNEPIN ss This instrument was acknowledged before me on (Date) by Beth H Erickson single NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) s ' a VICKI L. DELLWO z�;>";f NOTARYPUBLIC- MINNESOTA \r;,` -?q;;/ My l:ammfesion Erpint Jtn. 31.2010 a Nn• PHIS INSTRUMENT WAS DRAFTED BY (NAME & ADDRESS): Custom Home Builders Title, LLC 10850 Old County Road 15 Plymouth, MN 55441 (763)489 -3240 File No: HB -16094 EX I rA MMAN OR OTHER OFFICIAL Check here if all or part of the land is Registered (Toren) ❑ Tax statements for the real property described in this instrument should be sent to (include name and address of Grantee): Lawrence C. Holt yq33 m�- Exhibit "A" Lots 7 and 8, Block 5, Parkwood Knolls, together with 1/2 of vacated Stauder Circle adjoining said Lot 7, Hennepin County, Minnesota MINNES1011A * REVENUE Certifittl of Real Estate Value PE20 Names of buyers (MWTrsl. MI) Address Daytime phone Holtz Lawrence C. e m S cd t� Names of sellers (last, first, MI New address Daytime phone 'Erickson Beth , H. PO Box 24045 Edina, MN 55424 (952)933 -3853 Street address or rural route of property purchased City., township County 6504 and 6508 Stauder Circle Edina Hennepin I. Date of deed or contract Legal description of operty purchased�(I blblock plat) Punch 3 copies of the legal description CRP RIM 07/15/08 0 a rf'TI n _r ' . t Land Financial arrangements z 2. Total purchase price Was personal property included in purchase price (e.g., furniture, inventory, equipment)? 2,650,000.00 ❑ Yes ❑ No If yes, list property end $ 3. Down payment current (not replacement) value at right, and enter b total in Box 5 below. Use back of form if needed. $ 4. Points or prepaid interest paid by seller S. Current value of personal properly g E 6. Type of acquisition (check all that apply) ❑ 1031 Exchange ❑ Buyer purchased partial interest only ❑ Property received as gin or inheritance ❑ Buyer and seller are relatives or related businesses ❑ Contract paid ofTor resold ❑ Properly received in trade ❑ Buyer or seller is religious or charitable organization ❑ Name added or removed from deed ❑ Purchase agreement signed over two years ago ❑ Buyer or seller is unit of govcmmcnt ❑ Property condemned or foreclosed upon 7. Type of property transferred (check all that apply) ❑ (and only ® Land and buildings ❑ Construction of new building aver Jan. I of year of sale 8. Planned use of property (check one) ® Residential: single family ❑ Agricultural. Numberofacres: (nnrec /r Scica /nfe PIS10A). ❑ Residential: duplex, triplex ❑ Apartment (residential, four or more units). Number of units: (attach Schedule pl.,20A). ❑ Cabin or recreational (noncommercial) ❑ Commercial- industrial. Type of business _ _,___ (nnuch Sclednle I'Ii10A). Other. Describe: (munch Sdmdule I'F.10A). 8a. Will this properly be the buyer's principal residence? Yes ❑ No Method of financing (complete only if seller - financed, including contracts - for -deed and assumed mortgages) Assumed Contract Mortgage or contract- for -deed Monthly payment Interest rate Number of Date of any lump - mortgage for deed amount at purchase (principal & interest) now in effect payments sum (baloon) payments 9. ❑ ❑ 10. i ❑ Sign here. 1 declare under penalty of law that the information on this form is true, correct and complete to the best ofmy knowledge and belief rn t name signature y Dale Daytime phone +t -- �twrt✓�a�. }�o1�z /�w,s_. .a /� 7.. /g�O� Counties: Complete this section. 1 Co 0 Co Yr Bit SD Yr Lr d BWg Tat 0 Pdnuvy property 11)—.,be, Acres Tillable CER CRP RIM U. Deed Yr Land BWg T. Seconds ry pucel ID number b Good for study Yes No lfno, aiw —W-de x HC ST Adjc Adjs U. Tll"EMV Apt FM d GA C t MV 2 MV ID Are there more parcels? Yes [3 No Put addiniaiallD numbers an back or form. Co CT PT Date T M S DEPARTMENT OF REVENUE COPY Exhibit "A" Lots 7 and 8, Block 5, Parkwood Knolls, together with '/2 of vacated Stauder Circle adjoining said Lot 7, Hennepin County, Minnesota o /te REPORT /RECOMMENDATION To: Mayor & City Council Agenda Item # V. D. From: Wayne D. Houle, PE Consent ❑ City Engineer Information Only ❑ Date: December 16, 2008 Mgr. Recommends ❑ To HRA ® To Council Subject: Amendment to Easement Action ❑ Motion Agreement for 6504 / 6508 ® Resolution Stauder Circle: Resolution Ordinance No. 2008 -130 ❑ Discussion Recommendation: Approve amendment to easement agreement and authorize Mayor and Manager to sign attached amendment. Info /Background: The properties located at 6504 and 6508 Stauder Circle has an access easement agreement for access to the landlocked 6504 Stauder Circle property. The original agreement was executed in 1994. The original agreement stated that any change to the access agreement requires City Council approval. The current owners of both properties, Larry and Cynthia Holtz, are requesting that this easement be revised to accommodate a buyer of the 6508 Stauder Circle property. Staff and our City Attorney have reviewed the proposed easement change and do not object to the amendment. Therefore, staff recommends approval of the attached resolution. GAEngineering \General \S Streets \6504 n 6508 Stauder Circle\20081216 easement amendment rrform.doc RESOLUTION NO. 2008 -130 AMENDMENT TO EASEMENT AGREEMENT BETWEEN CITY OF EDINA AND LAWRENCE C. HOLTZ AND CYNTHIA B. HOLTZ A RESOLUTION FOR AMENDMENT TO EASEMENT AGREEMENT City Of Edina FOR LOTS 7 AND 8, BLOCK 5, PARKWOOD KNOLLS WHEREAS, Lot 7 (6508 Stauder Circle) and Lot 8 (6504 Stauder Circle) has an access easement agreement for access to landlocked Lot 8; WHEREAS, the original easement agreement states that any change to the access agreement requires City Council approval; WHEREAS, the owners of both properties, Larry and Cynthia Holtz, are requesting that the easement be revised to accommodate a buyer of Lot 7; NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Manager are. hereby authorized and directed for and behalf of the City to execute and enter into an Amendment To Easement Agreement with the owners of Lots 7 and 8, Block 5, Parkwood Knolls, prescribing the terms and conditions as set forth and contained in "Amendment To Easement Agreement," a copy of which said agreement was before the City Council and which is made a part hereof by reference. Passed and adopted this 16th day of December, 2008. ATTEST: Debra A. Mangen, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) James B. Hovland, Mayor 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 December 16, 2008, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20 City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com City Clerk 952 - 927 -8861 FAX 952 -826 -0390 TTY 952 -826 -0379 AMENDMENT TO EASEMENT AGREEMENT THIS AMENDMENT TO EASEMENT AGREEMENT (this "Amendment") is made and entered into as of this L�,day of Lcen6e r , 2008, by LAWRENCE C. HOLTZ and CYNTHIA B. HOLTZ, husband and wife (collectively, "Owner"). RECITALS: Owner is the owner of the property situated in Edina, Hennepin County, Minnesota, described on Exhibit A and Exhibit B attached hereto and made a part hereof (collectively, the "Property "). The Property is subject to that certain Access Easement Agreement dated November 15, 1994, filed January 13, 1995, as Document No. 6387805 (the "1994 Easement "). As the owner of both the benefited and burdened properties under the 1994 Easement, Owner desires to amend the 1994 Easement, as set forth below in this Amendment. NOW, THEREFORE, subject and pursuant to this Amendment, Owner declares the Property is and shall be held, transferred, sold, conveyed and occupied together with and subject to the easement, agreements, terms and provisions set forth in the 1994 Easement, as amended by this Amendment, which easement, agreements, terms and. provisions shall run with the Property and shall inure to the benefit of and be binding upon Owner and Owner's successors and assigns as the holders of any right, title or interest in or to the Property or any part thereof. 1.) Recitals. The foregoing recitals are correct and are incorporated herein. 2.) Definitions. Unless otherwise expressly defined in this Amendment or unless the context otherwise requires, capitalized words and terms used in this Amendment shall have the same meaning as in the 1994 Easement. In addition, the following words and terms shall have the following designated meanings: (a) "1994 Easement" shall have the meaning given in the Recitals to this Amendment. M1 "Access Easement" shall mean the access easement granted in Section 1 of the 1994 Easement, as modified by this Amendment. (c) "Easements" shall collectively mean the Access Easement and the Utilities Easements. (d) "Parcel A" shall mean the real property described on Exhibit A attached hereto. (e) "Parcel B" shall mean the real property described on Exhibit B attached hereto. (f) "Parcel B Driveway" shall mean any driveway now or hereafter constructed in the Access Easement for access to and from Parcel B. (g) "Utilities Easements" shall mean the utilities easements granted and described in Section 4 of this Amendment. 3.) Access Easement. The legal description of the Access Easement, as set forth on Exhibit C attached to the 1994 Easement, is hereby amended, restated and replaced in its entirety with the legal description set forth on Exhibit C attached hereto and made a part hereof. The Access Easement, as hereby amended, is depicted on Exhibit D attached hereto and made a part hereof. The Access Easement shall be an exclusive easement for the benefit of Parcel B and the owners and occupants thereof, except that the southerly fifty (50) feet of the Access Easement shall be non - exclusive and may also be used by the owners and occupants of Parcel A. By way of example, but without limitation, any driveway now or hereafter constructed on Parcel A (for use by the owners and occupants of Parcel A) may connect to the Parcel B Driveway within said southerly fifty (50) feet of the Access Easement and may share in the use of all or any part of the curb cut for the Parcel B Driveway to Stauder Circle. 4.) Utilities Easements. Owner hereby grants and declares, and there shall hereby exist for the benefit of Parcel B, a permanent, non - exclusive easement, on, over, under and across, as applicable, those portions of Parcel A that are currently being used for utilities purposes serving Parcel B, including, but not limited to, water and sanitary sewer purposes (the "Utilities Easements "). At the request of the owner of Parcel A, the owner of Parcel B shall cause said utilities to be identified and located and shall cause accurate legal descriptions for the same to be prepared (the "Utility Easement Legal Descriptions "), at the expense of the owner of Parcel B. The width of the Utility Easement Legal Descriptions shall be as narrow as reasonably possible and shall in no event exceed five feet for any given utility. The owner of Parcel B shall thereupon release the Utilities Easements except to the extent embraced within the Utility Easement Legal Descriptions, and the owner of Parcel B shall execute and deliver to the owner of Parcel A a recordable instrument to memorialize the same. 5.) Modification of Easement Areas. All or any part of any one or more of the Utilities-Easements may be relocated from time to time by, and at the sole expense of, the owner of Parcel A if all of the following terms and conditions are satisfied: (a) The owner of Parcel A delivers not less than thirty (30) days' written notice to the owner of Parcel B prior to commencing the relocation, which notice must include a description of the proposed relocation and a site sketch depicting the proposed relocation; F1 (b) During the relocation process, the easement rights granted under the 1994 Easement, as amended, shall not be materially interfered with; (c) The owner of Parcel A fully repairs and restores all damage caused by or in connection with such relocation; (d) After the relocation, the newly relocated easement area and improvements thereto are reasonably equivalent to the easement area and improvements thereto prior to the relocation for all practical and functional purposes; (e) The owner of Parcel B is not materially adversely affected as a result of the relocation; and (f) If, prior to the proposed relocation, Utility Easement Legal Descriptions were prepared in accordance with Section 4 of this Amendment, then the owner of Parcel A shall be responsible for preparing new Utility Easement Legal Descriptions for each of the relocated Utilities Easements. In such event, the owner of Parcel A and the owner of Parcel B shall execute a recordable instrument memorializing the changes to each of the Utility Easement Legal Descriptions. 6.) Maintenance and Repair. Maintenance and repair rights and obligations are as follows: (a) The owner of Parcel A shall not cause any obstruction of any of the Easements. (b) At the sole expense of the owner of Parcel B, the owner of Parcel B shall at all times maintain and keep the Parcel B Driveway in good condition and repair. (c) The owner of Parcel A shall have no maintenance or repair obligations in connection with any of the Easements other than the obligation to repair any damage thereto caused by the owner or occupants of Parcel A or said owner's or occupants' agents, contractors or invitees. 7.) No Merger. The 1994 Easement, as amended, and the easements and the covenants established by the 1994 Easement, as amended, shall not merge, terminate or be affected in any manner by reason of any common ownership of Parcel A, Parcel B and/or the Easements. 8.) Ratification. In the event of any conflict or inconsistency between this Amendment and the 1994 Easement, this Amendment shall govern and control. As hereby amended, the 1994 Easement is ratified and affirmed. 3. IN WITNESS WHEREOF, the Owner has caused this Amendment to be executed as of the day and year first written above. Lawrence C. Holtz Cyndil B. Holtz STATE OF MINNESOTA ss. COUNTY OF HENNEPIN -r' The foregoing instrument was acknowledged before me this �day of 2008, by LAWRENCE C. HOLTZ and CYNTHIA B. HOLTZ, husband and wife. CSARA J. RASMUSSEN No Public Pu11d0- w#*SOTA rw.Eyrw�n. CONSENT BY CITY Pursuant to Section 1 of the 1994 Easement, the City of Edina, a Minnesota municipal corporation, hereby consents to this Amendment. CITY OF EDINA By: Its: Mayor By: Its: City Manager 4. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by and the Mayor and City Manager, respectively, of the CITY OF EDINA, a Minnesota municipal corporation. 5. Notary Public EXHIBIT A Legal Description of Parcel A: That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying westerly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. Together with 1/2 of vacated Stauder Circle adjoining said Lot 7. And Outlot One and Outlot Two, Parkwood Knolls 9th Addition, Hennepin County, Minnesota. Legal Description of Parcel B: That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. EXHIBIT C Description of Access Easement Area: That part of Parcel A (as Parcel A is described on Exhibit A of this Amendment) described as follows: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet; thence North 22 degrees 53 minutes 08 seconds West a distance of 224.41 feet to the point of beginning of the easement to be described; thence continuing North 22 degrees 53 minutes 08 seconds West a distance of 58.82 feet; thence westerly 17.39 feet, along a non - tangential curve, concave to the south, having a central angle of 09 degrees 46 minutes 10 seconds, a radius of 101.97 feet and a chord bearing South 85 degrees 24 minutes 58 seconds West; thence South 80 degrees 31 minutes 53 seconds West, tangent to last described curve, a distance of 37.22 feet; thence southwesterly 30.27 feet, along a tangential curve, concave to the southeast, having a central angle of 67 degrees 43 minutes 27 seconds and a radius of 25.61 feet; thence southerly 53.50 feet, along a reverse curve, concave to the west, having a central angle of 12 degrees 28 minutes 38 seconds and a radius of 245.65 feet; thence southerly 10.27 feet, along a reverse curve, concave to the east, having a central angle of 08 degrees 36 minutes 18 seconds and a radius of 68.39 feet; thence South 16 degrees 40 minutes 46 seconds West, tangent to last described curve, a distance of 96.33 feet; thence southwesterly 6.94 feet, along a tangential curve, concave to the northwest, having a central angle of 17 degrees 20 minutes 01 seconds and a radius of 22.93 feet to the southwesterly line of vacated Stauder Circle per Doc. No. 2167562; thence southeasterly 20.42 feet, along said southwesterly line of vacated Stauder Circle, being a non - tangential curve, concave to the southwest, having a central angle of 11 degrees 08 minutes 30 seconds, a radius of 105.00 feet and a chord bearing of South 57 degrees 30 minutes 51 seconds East; thence northerly 8.92 feet, along a non - tangential curve, concave to the east, having a central angle of 22 degrees 58 minutes 33 seconds, a radius of 22.24 feet and a chord bearing of North 05 degrees 23 minutes 28 seconds East; thence North 16 degrees 52 minutes 44 seconds East, tangent to last described curve, a distance of 34.06 feet; thence North 18 degrees 14 minutes 04 seconds East a distance of 124.96 feet; thence northeasterly 16.57 feet, along a tangential curve, concave to the southeast, having a central angle of 75 degrees 19 minutes 08 seconds and a radius of 12.60 feet; thence southeasterly 45.95 feet, along a compound curve, concave to the southwest, having a central angle of 41 degrees 35 minutes 01 seconds and a radius of 63.31 feet; thence easterly 31.07 feet, along a reverse curve, concave to the north, having a central angle of 59 degrees 52 minutes 57 seconds and a radius of 29.73 feet to the point of beginning. Depiction of Access Easement Area: EXHIBIT D [attached] M3Access Easement I b"IBIT D I"4 1 If "I I N07V5 4 - ---------- 'Q x 41 .... . ...... f 0 fif I In t N 16 f 'F L E tM t t Ell M I UP w PQ I I I I I x P IL r 3 6504 STAUDER CMCLE James R. Hill, Inc. DOCERS / SURVEYORS SKETCH AND DESL;xw M am Z, SM 12k MOW. A sun LARRY HOLTZ GM rAx �-vq MW � MN UW. WN& KWTA 0424 M" I"4 1 If "I I N07V5 4 - ---------- 'Q x 41 .... . ...... f 0 fif I In t N 16 f 'F L E tM t t Ell M I UP w PQ I I I I I x P IL r 3 6504 STAUDER CMCLE James R. Hill, Inc. DOCERS / SURVEYORS SKETCH AND DESL;xw M am Z, SM 12k MOW. A sun LARRY HOLTZ GM rAx �-vq MW � MN UW. WN& KWTA 0424 M" THIS AGREEMENT made and entered into this 15th day of November, 1994, by and between CITY OF EDINA, a Minnesota municipal corporation (hereinafter called "City"), and DONOVAN A. ERICKSON and BETH H. ERICKSON, husband and wife (hereinafter called "Owner," whether one or more). WITNESSETH, THAT: WHEREAS, Owner is the owner of the property situated in Edina, Hennepin County, Minnesota, described on Exhibit A attached hereto (hereinafter called "Parcel A ") and described on Exhibit B attached hereto (hereinafter called "Parcel B "), which has a present address of 6508 Stauder Circle (Parcel A and Parcel B are hereinafter together called "Subject Property "); and WHEREAS, Section 850.07, subdivision 11 of the Edina City Code requires that all platted lots in the City have at least 30 feet of frontage on at least one public street; and WHEREAS, Parcel B does not have frontage on any public street and the Owner has applied to the City for a variance from the requirements of Section 850.07, subdivision 11 of the City Code in order to permit the development of a single family dwelling unit on Parcel B; and WHEREAS, the Zoning Board of Appeals did, on November 18, 1993, in Case No. B -93-51 grant the requested variance because strict enforcement of the City Code would, in this case, cause undue hardship because of circumstances unique to the Subject Property subject to the condition that (i) driveway access to Parcel B be from Stauder Circle and across Parcel A pursuant to a recorded access easement agreement, and (ii) the Owner execute a hold harmless agreement releasing the City from any and all liability for incidents and circumstances arising from the lack of frontage on a public street for Parcel B; and WHEREAS, the decision of the Zoning Board of Appeals in Case No. B -93-51 was appealed by the Owner to the City Council, and on January 3,1994, the City Council upheld the decision of the Zoning Board of Appeals in Case No. B- 93 -51; and WHEREAS, the Owner is agreeable to granting of the variance from the requirements of Section 850.07, subdivision 11, subject to the conditions hereinafter set out. NOW, THEREFORE, for and in consideration of the granting by the City of the above requested variance and the mutual covenants and agreements hereinafter set out, the parties hereto do hereby agree as follows: 1. Grant of Access Easement Over Parcel A for the Benefit of Parcel_ B. The Owner hereby grants a permanent, non - exclusive easement on, over, under and across those portions of Parcel A shown on Exhibit C hereto for use as a driveway to provide access to Parcel B from Stauder Circle, which easement may not be modified, amended or terminated by the Owner without the prior written consent of the City. The easement created and granted by this Section 1 includes the right of the Owner of Parcel B and its contractors, agents, representatives and assigns to enter upon the areas subject to the easement with such laborers and equipment as may be reasonably determined by such Owner to be necessary for the purpose of doing any construction, installation, maintenance or repair to or on the easement area so as to enable the use, enjoyment and benefit of such easement. 2. Release of City from Any Liability. The Owner acknowledges and agrees that the City shall have no liability or obligation of any kind for any claim or demand arising out of or claimed to arise out of the lack of Parcel B to have frontage on any public street, all of which liability, if any, of the City is hereby released by the Owner. 3. Access to Parcel B from Stauder Circle. The Owner agrees that driveway access to Parcel B shall be from Stauder Circle only and the Owner shall not utilize a driveway from any other public street to provide access to Parcel B. 4. Enforcement, This Agreement may be enforced by any of the parties hereto and other successors and assigns by legal or equitable action in Hennepin County District Court. In the event an action is commenced, the prevailing party shall be entitled to recover costs and expenses incurred in such action, including reasonable attorneys fees, from the nonprevailing party. 5. Severability-. 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. 6. Notices. 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, -2- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 0 k. day of 71 - . n.t*. r1 , 1991, by J.. 4a4tt.4 _ and _ 4. n.. � u E' i •• &--A , the Mayor and City Manager, respectively, of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation. ------------ MARCEL A M. DAEHN NOTAW�fPU-t'C -/ !1.:: %:=0TA i t i i21Nlr-t1i C'."M 1 e C' n;Ww Eigir= A :.21,1SW STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged before me this �-� day of i(/o 1994, by l3e7N Af ��rtKS�✓ and !�✓,.�^� A i.�ma husband and wife. JEFFFIEY k SCHC�NWETiER NOTARY ptlB X - 1►t:1V JESOTA HENNEPIN COUNTY �M°" EXPiw,ln31.19YY ' Notary Public THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by: DORSEY & WHITNEY (JPG) 220 South Sixth Street Minneapolis, Minnesota 55402 t►,■ 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: To City: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager i3�ij1 H A-Nl 1}a.✓.ww.- A �'� /Cksory✓ To Owner: sSo� C��'yo.✓y�,r� y 2urft� Edina, Minnesota 554 3G Such addresses may be changed by either party upon notice to the other party given as herein provided. 7. Agreement Runs With the Land. The terms and provisions hereof shall be binding upon the parties hereto, and their respective successors and assigns, and the rights, easements, benefits and burdens herein contained shall run with the title to the Subject Property and be binding upon all present and future owners of the Subject Property. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. CITY OF EDINA By Its Mayor Its Manager -3- That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying westerly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. EXHIBIT B That part of Lots 7 and 8, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of the following described line: Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of s:t . .. 8 a distance of 289.20 feet to the southeasterly line of said Lot b, thence South 57 degrees 01 minutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. _.411: An easement 20.00 feet in width over and across part of Lot 7, Block 5, PARKWOOD KNOLLS, according to the recorded plat thereof, Hennepin County, Minnesota and part of Stauder Circle as dedicated on the plat of said PARKWOOD KNOLLS and now vacated. The center line of said easement is described as follows: Commencing at the northeast corner of Lot 8 said Block 5, thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees 01 minutes 08 seconds West along said southeasterly line a distance of 108.50 feet; thence North 22 degrees 53 minutes 08 seconds West a distance of 301.12 feet to a point on the north line of said Lot 7, distance 52.11 feet southwesterly of the northeast corner of said Lot 7; thence South 22 degrees 53 minutes 05 seconds East, along the last described line which is hereinafter referred to as "Line A ", a distance of 61.00 feet to the point of beginning of the center line to be described; thence South 60 degrees 06 minutes 52 seconds West a distance of 74.00 feet; thence southwesterly a distance of 77.43 feet along a tangential curve concave to the southeast having a radius of 125.00 feet and a central angle of 35 degrees 29 minutes 22 seconds; thence South 24 degrees 37 minutes 30 seconds West, tangent to said curve, a distance of 60.51 feet to the southwesterly line of that part of Stauder Circle vacated and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said southwesterly line of Stauder Circle vacated and on said "Line A ". WARRANTY DEED Form No. I -M Minnesota Uniform Individual(s) to Individual(s) (Top 3lnehes Reserved for Recording Data) Conveyancing Blanks (6/17/97) DEED TAX DUE: S Date: 07115/2008 FOR VALUABLE CONSIDERATION, Elgth H Erickson single ,Grantor, hereby conveys and warrants to Lawrence C. Holtz Grantee, real property in Hennepin County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants Conditions Restrictions and Easements of record if any Check box if applicable: © The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Beth H. Erickson Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF HENNEPIN ss This instrument was acknowledged before me on (Date) by Beth H. Erickson single NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) r r ^� VICKI L. DELLWO �'w ;';;'` g NOTARY PUBLIC•MINNESOTA � y�...t:�i � yr Cy,a,r� Erpinr Jan. 11.2010 PHIS INSTRUMENT WAS DRAFTED BY (NAME & ADDRESS): Custom Home Builders Title, LLC 10850 Old County Road 15 Plymouth, MN 55441 (763)489 -3240 File No: I-IB -16094 SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if all or part of the land is Registered (Torrens) Tax statements for the real property described in this instrument should be sent to (include name and address of Grantee): Lawrence C. Holt Q_f% Exhibit "A" Lots 7 and 8, Block 5, Parkwood Knolls, together with '/z of vacated Stauder Circle adjoining said Lot 7, Hennepin County, Minnesota l, * REVENUE of Real Estate Value Holtz , Lawrence , C. PE20 q3 Name o(seit.$ (hiss, first, MI) New address Daytime phone ,Erickson Beth , H. PO Box 24045 Edina, MN 55424 (952)933 -3853 Street address or rural route of property purchased City or township County 6504 and 6508 Stauder Circle Edina Hennepin t. Date of decd or conract Legal description of perry pumhased�(lqj. block sfb plat) Mach 3 copies of the legal description 07/15/08 >t D rLr 1 r 2,650,000.00 or Was personal property included in purchase price (e.g. furniture, invcmmy, equipment)? ❑ Yes ❑ No If yes, list property and current (not replacement) value at right, and enter total in Box 5 below. Use back of form if needed. s E S S E 6. Typc of acquisition (check all that apply) ❑ 1031 Exchange ❑ Buyer purchased partial interest only ❑ Property received as gill or inheritance ❑ Buyer and seller are relatives or related businesses ❑ Contract paid offer resold ❑ Property received in trade ❑ Buyer or seller is religious or charitable organization ❑ Name added or removed from deed ❑ Purchase agreement signed over two years ago ❑ Buyer or seller is unit of government ❑ Property condemned or foreclosed upon 7. Type of property transferred. (check all that apply) ❑ Land only ® Land and buildings ❑ Construction of new building alla Jan. 1 of year of sae 8. Planned use of property (check one) ® Residential: single family ❑ Agricultural. Number of acres: __ (atrach tichedule l'B20A). ❑ Pestilential: duplex, triplex ❑ Apartment (residential, four or mom units). Number of units: (annch Schedule I'1i2oA). ❑ Cabin or recreational (noncommercial) ❑ Commercial - industrial. Type of business: `___ (nnach Schedule l'G70A). Other. Describe: �.._� ( annch Sch.hde l'F.20A). 8a. Will this property be the buyers principal msidence7 Yes ❑ No Method of financing (complete only if seller - financed, including contracts - for -decd and assumed mortgages) Assumed Contract Mortgage or contract- for -dad Monthly payment Interest rate Number of (Jane ofany tump- mongage for deed amount at purchase (principal & interest) now in effect payments sum (baleen) payments 9. ❑ ❑ 10. q ❑ Sign here. f declare under knowledge and Print nacre of law that the information on this form is true, correct and complete to the best of my A I__ .r.,a.ir-PtnreC_ FfiblVz .( :hW1 4 9_ca- `I,'�9 -31 XI Counties: Comnlete this section. I Co Co Yr alt SD IAM Deg Tar P...', P,.r..y mD r .0- Q T se—d r pray 1D ....b. b. Acres TA" CER CRP RIM Ure ±Yr sand mda Td Cnod far stud, U Y. 0 Na Irm ■ire taa,mdeode x I 5T Adic A * TiRebM EMV Ap FM d. GA C 1 MV 2 MV In' hre dere nwre parcels? ❑ Yes 0 N. Put eddi -1.. brrs m back a J.— Co CT PT Due T M S DEPARTMENT OF REVENUE COPY Exhibit "A" Lots 7 and 8, Block 5, Parkwood Knolls, together with 1/2 of vacated Stauder Circle adjoining said Lot 7, Hennepin County, Minnesota z. -: Sig ✓ �'� y A ` � 'yam k d. ir�y '� � .?✓s 'v�'t ',r�+6 � 4 .:�.F �� y �x E - �$�aC-7 7. "tn�,i_ , 'Lp h � iiYt 3r: lr �6 a: ,. ry MO i STAU / 1o$g0 / J !I I Io of 00 N I