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OCT 1 8 2002
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DEPUTY
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CITY OF EDINA
EASEMENT AGREEMENT
Parcel No.: 04
Project: W- 77TH -ST -02
T
THIS INSTRUMENT, made this day of OA"t- , 20 e?L, by and between Opus
Real Estate Minnesota I, L.L.C.,( "Opus ") a limited liability company under the laws of the State of
Minnesota, Grantor, and the City of Edina, a municipal corporation under the laws of the State of
Minnesota, Grantee.
WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to them in hand
paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and
warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over
the following described property situate in the County of Hennepin and State of Minnesota, to wit:
Public Road Right of Way Easement for 4700 W. 77th Street as follows:
An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the
recorded plat thereof, Hennepin County, Minnesota described as lying southerly of a line drawn easterly from a
point on the south line of said Lot 1 distant 18.00 feet northwesterly of the angle point in said south line of Lot 1 to
a point on said south line of Lot 1 distant 19.00 feet easterly of said angle point in the south line of Lot 1, according
to the recorded plat thereof, Hennepin County, Minnesota;
For the purpose of constructing, repairing, maintaining, and reconstructing, the roadway improvements being
constructed on such portion of said Lot 1 as a part of the 2002 reconstruction of West 77`h Street (the "Project ").
and also a Signal Easement for 4700 W. 77th Street as follows:
An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the
recorded plat thereof, Hennepin County, Minnesota described as commencing at the southwest corner of said Lot
1; thence on an assumed bearing of South 65 degrees 58 minutes 22 seconds East, along the south line of said
Lot 1, a distance of 80.87 feet to the point of beginning of the easement to be described; thence continuing South
65 degrees 58 minutes 22 seconds East along said south line of Lot 1 a distance of 31.00 feet to a point
hereinafter referred to as Point "A "; thence North 18 degrees 41 minutes 35 seconds East a distance of 20.62 feet;
thence South 78 degrees 48 minutes 16 seconds West a distance of 35.60 feet to the point of beginning.
Together with an easement over, under and across said Lot 1 described as commencing at the above described
Point "A "; thence South 65 degrees 58 minutes 22 seconds East, along said south line of Lot 1, a distance of
34.27 feet to the point of beginning of the easement to be described; thence continuing South 65 degrees 58
minutes 22 seconds East along said south line of Lot 1 a distance of 13.58 feet to an angle point in said south line
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CITY OF EDINA
EASEMENT AGREEMENT
Parcel No.: 04
Project: W- 77TH -ST -02
T
THIS INSTRUMENT, made this day of OA"t- , 20 e?L, by and between Opus
Real Estate Minnesota I, L.L.C.,( "Opus ") a limited liability company under the laws of the State of
Minnesota, Grantor, and the City of Edina, a municipal corporation under the laws of the State of
Minnesota, Grantee.
WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to them in hand
paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and
warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over
the following described property situate in the County of Hennepin and State of Minnesota, to wit:
Public Road Right of Way Easement for 4700 W. 77th Street as follows:
An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the
recorded plat thereof, Hennepin County, Minnesota described as lying southerly of a line drawn easterly from a
point on the south line of said Lot 1 distant 18.00 feet northwesterly of the angle point in said south line of Lot 1 to
a point on said south line of Lot 1 distant 19.00 feet easterly of said angle point in the south line of Lot 1, according
to the recorded plat thereof, Hennepin County, Minnesota;
For the purpose of constructing, repairing, maintaining, and reconstructing, the roadway improvements being
constructed on such portion of said Lot 1 as a part of the 2002 reconstruction of West 77`h Street (the "Project ").
and also a Signal Easement for 4700 W. 77th Street as follows:
An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the
recorded plat thereof, Hennepin County, Minnesota described as commencing at the southwest corner of said Lot
1; thence on an assumed bearing of South 65 degrees 58 minutes 22 seconds East, along the south line of said
Lot 1, a distance of 80.87 feet to the point of beginning of the easement to be described; thence continuing South
65 degrees 58 minutes 22 seconds East along said south line of Lot 1 a distance of 31.00 feet to a point
hereinafter referred to as Point "A "; thence North 18 degrees 41 minutes 35 seconds East a distance of 20.62 feet;
thence South 78 degrees 48 minutes 16 seconds West a distance of 35.60 feet to the point of beginning.
Together with an easement over, under and across said Lot 1 described as commencing at the above described
Point "A "; thence South 65 degrees 58 minutes 22 seconds East, along said south line of Lot 1, a distance of
34.27 feet to the point of beginning of the easement to be described; thence continuing South 65 degrees 58
minutes 22 seconds East along said south line of Lot 1 a distance of 13.58 feet to an angle point in said south line
of Lot 1; thence North 89 degrees 22 minutes 23 seconds East, along said south line of Lot 1, a distance of 60.00
feet; thence North 66 degrees 44 minutes 21 seconds West a distance of 72.84 feet; thence South 12 degrees 54
minutes 44 seconds West a distance of 24.51 feet to the point of beginning according to the recorded plat thereof,
Hennepin County, Minnesota;
For the purpose of constructing, repairing, maintaining, and reconstructing the traffic signal improvements being
constructed on such portion of said Lot 1 as part of the Project.
and also an Utility Easement for 4700 W. 77th Street as follows:
An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the
recorded plat thereof, Hennepin County, lying 2.00 feet southerly and adjoining with a line described as
commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 0 degrees 16 minutes
57 seconds West along the east line of said Lot 1 a distance of 2.00 feet; thence South 89 degrees 22 minutes 23
seconds West, parallel with the south line of said Lot 1, a distance of 402.62 feet; thence westerly a distance of
67.50 feet, along a tangential curve concave to the north having a radius of 264.00 feet and a central angle of 14
degrees 38 minutes 56 seconds; thence North 71 degrees 06 minutes 58 seconds West, not tangent to said curve,
a distance of 33.63 feet; thence North 65 degrees 58 minutes 22 seconds West parallel with the southwest line of
said Lot 1 a distance of 111.79 feet to the westerly line of said Lot 1 and said line there terminating, according to
the recorded plat thereof, Hennepin County, Minnesota.
For the purpose of constructing, repairing, maintaining, and reconstructing the public utility improvements being
constructed on such portion of said Lot 1 as part of the Project.
Subject to the additional terms and conditions outlined in Grantee's letter dated May 28, 2002, a copy of
which is attached hereto as Exhibit A, it is the intention and agreement of the parties hereto that the Grantee
shall, in the construction or maintenance of said improvements, replace any sod removed by any excavation in
connection with such construction or maintenance work, in as nearly as possible the same condition as before
such excavation.
Grantee agrees to and shall indemnify, defend, and hold harmless Grantor and its agents, officers, employees,
and partners from and against any action, claim, damage, liability, loss, cost, or expense (including, without
limitation, attorneys' fees and costs) resulting from: (a) any liens that may be attached to the Grantor Property
for labor or materials provided by or at the request of Grantee; (b) injury to or death of persons resulting from or
in connection with, Grantee's entry onto the Easement Areas; (c) property damage resulting from or in
connection with Grantee's entry onto the Easement Areas; or (d) any claim, damage, action, loss, or destruction
whatsoever caused by Grantee's agents or contractors in connection with the Grantee's entry onto the Easement
Areas, pursuant to this Easement Agreement.
This Easement Agreement shall be construed and governed by the laws of State of Minnesota.
IN WITNESS WHEREOF, the grantor his caused this instrument to be duly executed the day and year
first above writterf. end grantee have
GRANTO . CgANTEE;
Opus Re 1 E t inn ota I, L.L.C. City of Edina
v
By �.�C By
Its A Its
STATE OF MINNESOTA
County of H q) nW Ln
The foregoing instrument was acknowledged before me this 11 -j4N day of 20 0 , , by
Lau the �C� � I C- �2;�.and
-- of Opus Real Estate Minnesota 1, L.L.C., a(a) limited liability company under the laws
of the State of Minnesota, on behalf of the limited liability company.
VALERIE K. HIMLE Notary Public
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2006
r r
STATE OF SOTA
County of
Date commission expires: I ��- (9(0
e foregoing instrument was acknowledged before me this
j'6A/1V1 s F �'X7 7Z 1ZD &
114 day of '2002, by
the /' /�r� and
of the City of Edina, a municipal corporation under the laws of the State of
Minnesota, on behalf of the municipal corporation.
` NOTAI'llY PU13L
my i."mmisS Gn EXpIiBS ?!1. 3i, 2C45
THIS INSTRUMENT WAS DRAFTED BY:
Evergreen Land Services
6110 Blue Circle Drive, Suite 140
Minnetonka, WKI 55343
952- 930 -3100
(RETURN INSTRUMENT TO DRAFTEE)
`5 '' Notary Public
Date commission expires: / A/
May 28, 2002
EXHIBIT :
Mr. Larry Martin
LARKIN, HOFFMAN, DALY & LINDREN, Ltd.
1600 Well Fargo Plaza
7900 Xerxes Avenue South
Bloomington, MN 55431 -1194
RE: Opus Real Estate Minnesota I, LLC; LHDL File #27,298 -00
West 77th Street Easement Acquisition
City of Edina Improvement No. BA318
Dear Mr. Martin:
Per the conversation on May 17, between Jim Montalbano, you and I regarding issues
reiating to the acquisition of easements at 4700 West 77th Street the following is
agreed upon:
1. This roadway improvement project will bring the existing monument sign into
legal non - conforming status. However, per City code non - conforming
permanent signs shall be allowed to continue in use, but will need to be
brought into compliance if they are ever rebuilt. Construction permits for the
building structure will not trigger the sign to be brought into compliance.
Further, the transfer of property to a new owner will not trigger a
requirement that the sign be brought into compliance.
2. Any landscaping including decorative landscaping plantings that are
disturbed on account of this roadway project shall be replaced with
landscaping approved by Opus. An Opus approved irrigation contractor
shall repair any irrigation system disturbed by this roadway project. The City
shall reimburse Opus for any replacements and repairs made pursuant to
this paragraph.
3. The easements proposed shall be limited in scope to the improvements that
will be installed by this project. The easement documents will be drafted to
allow for construction,. repair, maintenance and reconstruction of said
improvements. Any bus stops that are placed outside of the roadway right-
of-way and would encroach. on Opus's property shall be subject to future
agreement and approval by Opus.
4. The easement documents shall include a hold harmless language that will
meet the approval of both Opus and the City.
City Hall (952) 927 -8361
4801 WEST 50TH STREET FAX (952) 826 -0390
EDINA, MINNESOTA 5544 -1394 TDD (952) 826 -0379
Page 2
Opus Real Estate Minnesota I, LLC; LHDL File #27,298 -00
West 77v' Street Easement Acquisition
City of Edina improvement No. BA318
May 28, 2002
5. The assessment against the property is proposed at $45 per lineal front
foot. I do not see this changing at this time.
6. The acceptance of the City's proposal and conditions stated herein are
subject to the review and approval of Opus's lender.
If you have any questions or need additional information please contact me at 952-
826 -0443 or at whouleCaD-ci.edina.mn.us.
Sincerely,
Wayne D. Houle, PE
Director of Public Works / City Engineer
C: Burl Grigsby - Evergreen Land Services
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CITY OF EDINA
EASEMENT AGREEMENT
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Parcel No.: 04
Project: W- 77TH -ST -02
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THIS INSTRUMENT, made this — — day of /_ %inn- , 20,aL,, by and between Opus
Real Estate Minnesota I, L.L.C.,( "Opus ") a limited liability company under the laws of the State of
Minnesota, Grantor, and the City of Edina, a municipal corporation under the laws of the, State of
Minnesota, Grantee.
WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to them in hand
paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and
warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over
the following described property situate in the County of Hennepin and State of Minnesota, to wit:
Public Road Right of Way Easement for 4700 W. 77th Street as follows:
An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the
recorded plat thereof, Hennepin County, Minnesota described as lying southerly of a line drawn easterly from a
point on the south line of said Lot 1 distant 18.00 feet northwesterly of the angle point in said south line of Lot 1 to
a point on said south line of Lot 1 distant 19.00 feet easterly of said angle point in the south line of Lot 1, according
to the recorded plat thereof, Hennepin County, Minnesota;
For the purpose of constructing, repairing, maintaining, and reconstructing the roadway improvements being
constructed on such portion of said Lot 1 as a part of the 2002 reconstruction of West 77`h Street (the "Project ").
and also a Signal Easement for 4700 W. 77th Street as follows:
An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the
recorded plat thereof, Hennepin County, Minnesota described as commencing at the southwest corner of said Lot
1; thence on an assumed bearing of South 65 degrees 58 minutes 22 seconds East, along the south line of said
Lot 1, a distance of 80.87 feet to the point of beginning of the easement to be described; thence continuing South
65 degrees 58 minutes 22 seconds East along said south line of Lot 1 a distance of 31.00 feet to a point
hereinafter referred to as Point "A "; thence North 18 degrees 41 minutes 35 seconds East a distance of 20.62 feet;
thence South 78 degrees 48 minutes 16 seconds West a distance of 35.60 feet to the point of beginning.
Together with an easement over, under and across said Lot 1 described as commencing at the above described
Point "A "; thence South 65 degrees 58 minutes 22 seconds East, along said south line of Lot 1, a distance of
34.27 feet to the point of beginning of the easement to be described; thence continuing South 65 degrees 58
minutes 22 seconds East along said south line of Lot 1 a distance of 13.58 feet to an angle point in said south line
of Lot 1; thence North 89 degrees 22 minutes 23 seconds East, along said south line of Lot 1, a distance of 60.00
fee%; thence North 66 degrees 44 minutes 21 seconds West a distance of 72.84 feet; thence South 12 degrees 54
minutes 44 seconds West a distance of 24.51 feet to the point of beginning according to the recorded plat thereof,
Hennepin County, Minnesota;
For the purpose of constructing, repairing, maintaining, and reconstructing the traffic signal improvements being
constructed on such portion of said Lot 1 as part of the Project.
and also an Utility Easement for 4700 W. 77th Street as follows:
An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the
recorded plat thereof, Hennepin County, lying 2.00 feet southerly and adjoining with a line described as
commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 0 degrees 16 minutes
57 seconds West along the east line of said Lot 1 a distance of 2.00 feet; thence South 89 degrees 22 minutes 23
seconds West, parallel with the south line of said Lot 1, a distance of 402.62 feet; thence westerly a distance of
67.50 feet, along a tangential curve concave to the north having a radius of 264.00 feet and a central angle of 14
degrees 38 minutes 56 seconds; thence North 71 degrees 06 minutes 58 seconds West, not tangent to said curve,
a distance of 33.63 feet; thence North 65 degrees 58 minutes 22 seconds West parallel with the southwest line of
said Lot 1 a distance of 111.79 feet to the westerly line of said Lot 1 and said line there terminating, according to
the recorded plat thereof, Hennepin County, Minnesota.
For the purpose of constructing, repairing, maintaining, and reconstructing the public utility improvements being
constructed on such portion of said Lot 1 as part of the Project.
Subject to the additional terms and conditions outlined in Grantee's letter dated May 28, 2002, a copy of
which is attached hereto as Exhibit A, it is the intention and agreement of the parties hereto that the Grantee
shall, in the construction or maintenance of said improvements, replace any sod removed by any excavation in
connection with such construction or maintenance work, in as nearly as possible the same condition as before
such excavation.
Grantee agrees to and shall indemnify, defend, and hold harmless Grantor and its agents, officers, employees,
and partners from and against any action, claim, damage, liability, loss, cost, or expense (including, without
limitation, attorneys' fees and costs) resulting from: (a) any liens that may be attached to the Grantor Property
for labor or materials provided by or at the request of Grantee; (b) injury to or death of persons resulting from or
in connection with, Grantee's entry onto the Easement Areas; (c) property damage resulting from or in
connection with Grantee's entry onto the Easement Areas; or (d) any claim, damage, action, loss, or destruction
whatsoever caused by Grantee's agents or contractors in connection with the Grantee's entry onto the Easement
Areas, pursuant to this Easement Agreement.
This Easement Agreement shall be construed and governed by the laws of State of Minnesota. X
IN WITNESS WHEREOF, the grantors caused this instrument to be duly executed the day and year
first above written. "and grantee have
GRANTOR:
Opus R nn e Mi ota I, L.L.C.
� L
By
Its
City of Edina
Its r
1
STATE OF MINNESOTA
County of Hm nf4 i n
The foregoing ins't ument was. acknowledged before cue this 11-44- day of 5CQLCM e - , 2009---,by
e Lcw & the CL and
"— of Opus Real Estate Minnesota 1, L.L_C., a(n) limited liability company under the laws
of the State of Minnesota, on behalf of the limited liability company..
VALERIE K. HIMLE Notary Public
NOTARY PUBLIC- MINNESOTA JJ_
My Commission Expires Jan. 31, 2006 Date commission expires=
W •
STATE OF SOTA
county-of
e for oi6 ent was acknowledged before me this
�_ day of 002, by
Z�J�D & — the ���.�, and
of the City of Edina, a municipal corporation under the laws of the State of
Nlinnesota, on behalf of the municipal corporation.
[ 3 E HF: � 'A' n a t Ii?a
f` NOTARYr?�;r3L!C 3 -.dCi�
Any Commission Exri n s1, 2GC5 5_
w :1
Date commission expires=
TBIS IL STRUA ENT WAS DRAFTED BY:
Evergreen Laud Services
6110 Blue Curie Drive, Suite 140
lvfhmetouka, hLN55343
952- 930 -3100.
(RETURN VISM MENT TO DRAFTEE)
�(O F
otary Public
May 28, 2002
EXHIBIT :K'
Mr. Larry Martin
LARKIN, HOFFMAN, DALY & LINDREN, Ltd.
1600 Well Fargo Plaza
7900 Xerxes Avenue South
Bloomington, MN 55431 -1194
RE: Opus Real Estate Minnesota I, LLC; LHDL File #27,298 -00
West 77u' Street Easement Acquisition
City of Edina Improvement No. BA318
Dear Mr. Martin_
Per the conversation on May 17, between Jim Montalbano, you and I regarding issues
reiating to the acquisition of easements at 4700 West 77th Street the following is
agreed upon_
1. This roadway improvement project will bring the existing monument sign into
legal non - conforming status. However, per City code non - conforming
permanent signs shall be allowed to continue in use, but will need to be
brought into compliance if they are ever rebuilt. Construction permits for the
building structure will not trigger the sign to be brought into compliance.
Further, the transfer of property to a new owner will not trigger a
requirement that the sign be brought into compliance.
2. Any landscaping including decorative landscaping plantings that are
disturbed on account of this roadway project shall be replaced with
landscaping approved by Opus. An Opus approved irrigation contractor
shall repair any irrigation system disturbed by this roadway project. The City
shall reimburse Opus for any replacements and repairs made pursuant to
this paragraph.
3. The easements proposed shall be limited in scope to the improvements that
will be installed by this project. The easement documents will be drafted to
allow for construction, repair, maintenance and reconstruction of said
improvements. Any bus stops that are placed outside of the roadway fight-
of-way and would encroach on Opus's property shall be subject to future
agreement and approval by Opus.
4. The easement documents shall include a hold harmless language that will
meet the approval of both Opus and the City.
City Hail (952) 927 -8861
4801 WEST 50TH STREET FAX (952) 826 -0390
EDINA, MINNESOTA 55424 -1394 TDD (952) 826 -0379
Page 2
Opus Real Estate Minnesota I, LLC; LHDL File #27,298 -00
Quest 770' Street Easement Acquisition
City of Edina Improvement No. BA318
May 28, 2002
5. The assessment against the property is proposed at $45 per lineal front
foot. I do not see this changing at this time.
6. The acceptance of the City's proposal 'and conditions stated herein are
subject to the review and approval of Opus's lender.
If you have any questions or need additional information please contact me at 952-
826 -0443 or at whouleCcD-ci.edina.mn.us.
Sincerely,
Wayne D. Houle, PE
Director of Public Works / City Engineer
C: Burl Grigsby — Evergreen Land Services