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France Avenue Pedestrian Enhancement Project
SP 120-020-037
Easement Check List
Parcel 3 4
Parcel Number 3 & 4
Property First Building Corp
Address 7025 & 7001
Early Notification Letter
Waiver of Compensation / Appraisal
Easement
Parcel File:
Project Letter
Early Notification Letter
Title Work by Cambel Knutson
Communication log
Appraisal(WA fi4f90'.
Signed Easement
Early notification letter Waivers Easements Included
Sent Acknowledged Compensation Appraisal Sent Signed
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May 21, 2012
France Avenue Area Stakeholders
City of Edina
Re: Stakeholders Meeting #1 - 7:00 PM, Thursday, May 31at Edina Public Works
France Avenue Transportation Enhancement Intersection Improvements
Dear Stakeholder:
You are invited to a stakeholder meeting for the France Avenue Pedestrian and Bicycle
Intersection Enhancement Project to be held on Thursday, May 31 at 7:00 PM at the Edina
Public Works Facility, 7450 Metro Boulevard, Edina, MN 55436.
Background:
The City of Edina was successful in 2007 in securing Federal Transportation Enhancement
funding for the 72nd Street Pedestrian Bridge over France Avenue. As a result of several
studies, change in policy direction and new leadership at the City, the concept of a bridge
over France Avenue was deemed no longer practical. The City then requested and was
granted a Scope Change and a one year Sunset Date extension for the project.
The re-scoped project will accomplish the same goals, safely and efficiently, for less overall
cost, in partnership with the other agencies and with greater community support. The vision
for the re-scoped project stems from the County's "France Avenue Corridor Study"
completed in 2009.
Intersection enhancements such as; median refuge island, accessible pedestrian signals,
pedestrian warning signs, enhanced pedestrian corner treatments, landscaping (urban
design) etc., will be provided at three primary intersections along France Avenue.
66th Street: This proposed crossing would provide access to; medical buildings,
Southdale Center, Aquatic Center, Rosland Park, TLC Bike Boulevard project, and
access to transit.
70th Street: This proposed crossing would continue the complete street project
recently constructed west of France Avenue. It would serve primarily single family
neighborhoods, The Galleria, Target, Promenade, Southdale Library, Hennepin
County Government Center, and access to transit.
76th Street: This proposed crossing would serve primarily multi-family housing and
connect to Centennial Lakes Park, Promenade, Three Rivers Park District Nine mile
trail in Richfield, Edinborough Park, medical facilities, and access to transit.
ENGINEERING DEPARTMENT
7450 Metro Boulevard o Edina, Minnesota 55439
www.EdinaMN.gov 952-826-0371 o Fax 952-826-0392
Other Improvements:
Three Rivers Park District (TRPD) is also planning improvements to Gallagher Drive. Although
this intersection will be improved by TRPD the proposed crossing will serve the future
planned regional trail, Promenade, multi-family housing, and access to transit.
In addition to the intersection enhancements the proposed project will provide missing
sidewalk connections insuring that all areas on both sides of France Avenue have an
opportunity to access one of the planned crossing locations.
Stakeholders:
The City has worked with several agencies during the preliminary studies, concept
development and the proposed re-scoping of the project since the original TE application
was submitted and approved. These agencies have included:
o Hennepin County Community Works
o Hennepin County Transportation
o Three Rivers Park District
o Transit for Livable Communities
o Metro Transit
The City is now beginning the process of gathering input and developing a final layout for
the proposed intersection enhancement improvements. You have been identified as a key
stakeholder in the project and we are requesting your assistance in developing the final
layout.
Meeting Agenda and Save the Dates:
The meeting will consist of a presentation on the project background/history, project goals
and expectations and potential options. The presentation will be followed by a
brainstorming session on stakeholder thoughts and ideas.
Upcoming dates to be aware of:
0 Stakeholder Meeting No. 2 June 26, 7:00 PM
0 Special Meeting of the Edina Transportation Commission July 9, 7:00 PM
0 Edina City Council Meeting July 17, 7:00 PM
If you are unable to attend and would like more information on the project, please feel free
to call Charles Rickart with WSB & Associates, Inc. at 763-287-7183 or myself at 952-826-0443.
Sincerely,
Wayne Houle, P.E.
Director of Engineering
G:\PW \ CENTRAL SVCS \ BRIDGES \ France Avenue Pedestrian Bridge\ France Intersections\ 20120521 Stakeholder Mfg it 1
Notice.docx
Wayne Houle
From: Wayne Houle
Sent: Monday, January 28, 2013 8:24 AM
To: 'david.arndt@usbank.com'
Subject: France Avenue Pedestrian Enhancement Project
Attachments: parcel 3-4.pdf; 7001 n 7025 France Ave Easements.pdf
David:
I was given your contact information from the Customer Service Manager of US Bank at your 7001 France Avenue, Edina
location. I had also contacted Lee Strom and Jennifer Vucinovich with your Government Banking Division, since the City
of Edina does our banking with US Bank, to see if they could put me in touch with the correct person.
The City of Edina is preparing documents for a Pedestrian Enhancement Project along France Avenue. The City of Edina
needs to acquire an easement for the building that US Bank owns — 7001/7025 France Avenue.
Attached is the proposed easements for the pedestrian safety improvements along France Avenue along with a draft
plan of this area. Due to the federal participation in this project the City is committed to submitting all required
documentation to Minnesota Department of Transportation by March 31; therefore we request that the easement be
executed by March 1, see attached proposed permanent and temporary easements.
We are not anticipating any special assessments or any costs to the property owners to complete this project. The City
is requesting that all required easements be donated as a partnership with the adjoining commercial properties; I thank
you for considering this donation. As a partially federal funded project you do have a right to have an appraisal of the
donated easement, please notify me as soon as possible if you would like an appraisal.
We are anticipating the final drawings to be completed by February 4, which we will send you a copy. Some highlights of
the project include:
• Improved crosswalks — this includes removal of the "free" right turns and narrowing of the travel lanes; this
will reduce the pedestrian distance across the intersection.
• Widening of the sidewalks adjacent to intersection and provide boulevard areas. The boulevard areas will
be vegetated; these areas including the sidewalk will be maintained by the City.
Please contact me as soon as possible to discuss the proposed project and easements.
Thank you,
Wayne Houle, Director of Engineering
952-826-0443 I Fax 952-826-0392
WHouleAEdinaMN.qov I www.EdinaMN.ov
...For Living, Learning, Raising Families & Doing Business
1
(reserved for recording information)
GRANT OF PERMANENT
AND TEMPORARY EASEMENTS
FIRST BUILDING CORPORATION, a Minnesota corporation, hereinafter referred to as
"Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
EDINA, a municipal corporation organized under the laws of the State of Minnesota, the Grantee,
hereinafter referred to as the "City", its successors and assigns, the following easements:
1. A permanent easement for public sidewalk and utility purposes over, across, on,
under, and through land situated within the County of Hennepin, State of Minnesota, as legally
described on the attached Exhibits "A" and "B", including the rights of the City, its contractors,
agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable times
to construct, reconstruct, inspect, repair, and maintain said public sidewalk and utility systems over,
across, on, under, and through the permanent easement premises, together with the right to grade,
level, fill, drain and excavate the permanent easement premises, and the further right to remove
trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and
maintenance of said public sidewalk and utility easements.
2. A temporary construction easement over, across, on, under, and through the land
168074v1 1
situated in the County of Hennepin, State of Minnesota, as legally described on the attached
Exhibits "A" and "B". To have and to hold the same, unto the City, its contractors, agents,
servants and assigns, commencing upon execution of this document and expiring December 31,
2013, together with the right of ingress to and egress from the temporary easement premises, for
the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property
of the City, at the will of the City, its successors and assigns. Grantor hereby grants the uses
herein specified without divesting itself of the right to use and enjoy the above described
temporary easement premises, subject only to the right of the City to use the same for the
purposes herein expressed. As a condition of said temporary construction easement grant, the
City shall, upon completion of construction and prior to termination, restore the ground surface
of the temporary construction easement premises to its original condition so far as is reasonably
practicable with the exception of any grade changes, bank sloping, ditching, fills, slope
construction, cuts and any removal of earth, other materials, trees and other vegetation.
The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
168074v1 2
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this
day of ,20 .
GRANTOR:
FIRST BUILDING CORPORATION
By:
Its:
STA I E OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
,20 , by , the
of First Building Corporation, a Minnesota corporation, on behalf of said corporation, Grantor.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
RNK/cjh
168074v1 3
EXHIBIT "A"
Parcels 3 and 4 Legal Descriptions:
Lot 1, Block 1, except that part thereof which lies Northwesterly of a line drawn from a point on
the North line of Section 32, Township 28, Range 24 distant 110 feet Easterly of the Northwest
corner of said section to a point on the West line thereof distant 110 Southerly of said Northwest
corner;
Lot 2, Block 1, except the Easterly 70 feet thereof;
Yorktown, Hennepin County, Minnesota.
EXHIBIT "B"
Easement Descriptions:
A permanent sidewalk and utility easement over, under, and across the parcels described in
Exhibit A, which lies easterly of Hennepin County permanent highway easement line as
described in document number 2189613 for Parcel No. 22 and westerly of Line A hereinafter
described: Commencing at the southwest corner of Lot 2, Block 1, Yorktown, as is on file and
of record in the Office of the County Recorder in and for Hennepin County, Minnesota; thence
North 89 degrees 47 minutes 51 seconds East, assumed bearing along the south line thereof,
13.00 feet to the point of beginning of Line A to be hereinafter described; thence North 04
degrees 55 minutes 37 seconds East, 31.59 feet; thence North 00 degrees 03 minutes 26 seconds
West, 217.65 feet; thence North 02 degrees 27 minutes 42 seconds West, 47.70 feet; thence
North 00 degrees 03 minutes 30 seconds West, 77.61 feet to the southeasterly Right of Way line
of Hennepin County Road Number 17 (France Avenue) and said Line A there terminating.
Also
A permanent sidewalk and utility easement over, under, and across the parcels described in
Exhibit A, which lies southerly of Hennepin County permanent highway easement line as
described in document number 2189613 for Parcel No. 22 and northerly of Line B hereinafter
described: Commencing at the northeast corner of Lot 1, said Block 1; thence South 00 degrees
09 minutes 30 seconds East, assumed bearing alone the east line thereof, 5.78 feet to the point of
beginning of said Line B; thence South 89 degrees 07 minutes 19 seconds West, 89.46 feet to
said Hennepin County permanent highway easement line and said Line B there terminating.
AND ALSO
A temporary construction easement across the parcels described in Exhibit A, which lies easterly
of said Line A, easterly of said Hennepin County permanent highway easement line and westerly
of the following described line: Commencing at the southwest corner of said Lot 2; thence
North 89 degrees 47 minutes 51 seconds East, assumed bearing along the south line thereof,
17.62 feet to the point of beginning of the line to be hereinafter described; thence North 05
degrees 39 minutes 08 seconds East, 31.42 feet; thence North 00 degrees 03 minutes 26 seconds
West, 217.95 feet; thence North 02 degrees 27 minutes 42 seconds West, 47.78 feet; thence
North 00 degrees 03 minutes 30 seconds West, 114.87 feet to said Hennepin County permanent
highway easement line and there terminating.
168074v1 4
Also
A temporary construction easement across the parcels described in Exhibit A, which lies
southerly of said Line B, southerly of said Hennepin County permanent highway easement line
and northerly of the following described line: Commencing at the northeast corner of Lot 1,
said Block 1; thence South 00 degrees 09 minutes 30 seconds East, assumed bearing alone the
east line thereof, 10.30 feet to the point of beginning of the line to be hereinafter described;
thence South 86 degrees 14 minutes 51 seconds West, 112.86 feet to said Hennepin County
permanent highway easement line and there terminating.
Said temporary easements shall expire on: December 31, 2013.
168074v1 5
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LOT SOUTHWEST CORNER 2
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HENNEPIN COUNTY HIGHWAY EASEMENT DOC. 52189613
t•-n
L PROPOSED PERMANENT EASEMENT AREA = 1,208 sq ft
\ PROPOSED TEMPORARY CONSTRUCTION EASEMENT AREA = 2,686 sq ft
France Avenue Improvements ,I3A.
WSB Project No. 1686-300
Parcel No. 3
\ 701 Xenia Avenue South, Suite 300 ,
WSB Minneapolis, MN 55416
wwwwsbeng.com Easement Parcel Sketch
City of Edina, Minnesota
8' e \
, .
. & Associates, Inc
763-541-4800 - Fax 763-541-1700 .....— •
INFRASTRUCTURE n ENGINEERING n PLANNING , CONSTRUCTION
France Avenue Pedestrian Enhancement Project
SP 320-020-037
Easement Communication Log
Parcel 3 and 4
Parcel Number 3 & 4
Property First Building Corp
Address 7025 & 7001
Communications
Date Type
Email Phone Notes
1/25/2013 o Jennifer Vucinovich
1/28/2013 0 Neil Davis
1/28/2013 x Neil Davis
1/28/2013 x dayld arndt
1/28/2013 n Jennifer Vucinovich
2/25/2013 x Wayne Houle
2/25/2013 o david arndt
2/25/2013 x Neil Davis
2/25/2013 x Neil Davis
3/4/2013 x Neil Davis
3/4/2013 u Neil Davis
3/4/2013 x Andrea McDowell Poehler
3/4/2013 x Andrea McDowell Poehler
3/15/2013 n Neil Davis
3/15/2013 x Neil Davis
3/15/2013 v Neil Davis
3/15/2013 v Neil Davis
3/15/2013 a Neil Davis
3/15/2013 x Andrea McDowell Poehler
3/15/2013 v Andrea McDowell Poehler
3/15/2013 u Andrea McDowell Poehler
3/15/2013 a Neil Davis
3/20/2013 x Neil Davis
3/20/2013 n Andrea McDowell Poehler
3/20/2013 a Neil Davis
WAIVER OF COMPENSATION
(DONATION)
S.P./S.A.P. No. SP 120-020-037
Parcel No. 3 - PID #32-028-24-22-0003 4 - PID #32-028-24-22-0001
Owner —F-4-gt-14t4i4eliftej-Gefpefat4Giq • - t's N TlvNtL,A 501/1A-T--100
Address 7001 and 7025 France Avenue, Edina MN
Wayne D. Houle, PE
Director of Engineering
City of Edina
7450 Metro Boulevard
Edina, MN 55439
Dear Mr. Houle:
We are fully aware of the City's need to acquire an easement from our property for the above
pedestrian enhancement project. I am also aware of my right to have the City appraise the
property and of my right to receive just compensation.
We have decided to donate the easements required from my property. We hereby waive our right
to have our property appraised and waive our right to receive just compensation.
Sincerely,
Ni
F4r-st-gt41€1444-Ger=Pethal4e41---- V.; • -IS AN N411 vrnIA A.4 Sot. tvnt,
(reserved for recording information)
GA NT OF PE NENT
AND TEMPO Y EASEMENTS
U.S. Bank National Association, a national banking association, hereinafter referred to as
"Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
EDINA, a municipal corporation organized under the laws of the State of Minnesota, the Grantee,
hereinafter referred to as the "City", its successors and assigns, the following easements:
1. A permanent easement for public sidewalk and utility purposes over, across, on,
under, and through land situated within the County of Hennepin, State of Minnesota, as legally
described on the attached Exhibits "A" and "B", including the rights of the City, its contractors,
agents, servants, and assigns, to enter upon the pemianent easement premises at all reasonable times
to construct, reconstruct, inspect, repair, and maintain said public sidewalk and utility systems over,
across, on, under, and through the permanent easement premises, together with the right to grade,
level, fill, drain and excavate the permanent easement premises, and the further right to remove
trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and
maintenance of said public sidewalk and utility easements.
168074v4 1
2. A temporary construction easement over, across, on, under, and through
the land situated in the County of Hennepin, State of Minnesota, as legally described on the
attached Exhibits "A" and "B". To have and to hold the same, unto the City, its contractors,
agents, servants and assigns, commencing upon execution of this document and expiring upon
the earlier of: (i) completion of construction of the sidewalk; or December 31, 2013, together
with the right of ingress to and egress from the temporary easement premises, for the purpose of
constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at
the will of the City, its successors and assigns. Grantor hereby grants the uses herein specified
without divesting itself of the right to use and enjoy the above described temporary easement
premises, subject only to the right of the City to use the same for the purposes herein expressed.
As a condition of said temporary construction easement grant, the City shall, upon completion of
construction and prior to termination, restore the ground surface of the temporary construction
easement premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation.
3. City, its employees, agents and contractors hereby indemnify and hold Grantor
harmless from and against any injury, expense, damage, liability or claim incurred by Grantor
arising directly or indirectly from the entry rights granted by Grantor to City hereunder or any act
or omission by City, its agents, employees, servants, contractors, or any other person entering
upon the property under express or implied invitation or consent of City. City further agrees to
reimburse Grantor for any costs or expenses, including, but not limited to, court costs and
reasonable attorney's fees, incurred by Grantor with respect to any such injury, expense, damage,
liability or claim.
168074v4 2
4. City shall require its agents and contractors, if any, to carry worker's
compensation insurance as required by applicable law and commercially reasonable
comprehensive liability coverage for injury to or death of a person or persons and for damage to
property occasioned by or arising out of any use of the Property.
5. City shall use the Property only as necessary for the purpose described above, and
shall use its best efforts not to interfere with Grantor's use and enjoyment of the Property. In
light of the fact that Grantor operates a retail facility on the Property, City shall not (i) block or in
any way restrict access to or from the Property, except when necessary to perform the work
identified Paragraph 1 of this Easement Agreement, during such time the City will ensure that
only one-half of the access will by under construction at a time or an alternate access will be
made available; or (ii) otherwise cause Grantor's operations on the Property to be interfered with
or interrupted. City shall keep the Property free and clear of debris at all times and shall not use
the Property for the storage of material.
168074v4 3
NOTARY PUBLIC
cve 1 re ea :a
CARA L. SEELEY-JOHNSON
NOTARY PUBLIC - MINNESOTA
Commission Expires Jan. 31, 2016
qtmot--
•
CARA L. SEELEY-JOHNSON
NOTARY PUBLIC- MINNESOTA
Commission Expires Jan. 31, 2016
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement • 2 this . CI —
day of tzt14 , 2013 .
GRANTOR:
U.S. Bank National Association
Its: eetzr. tovIv4c1,- V.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEBN )
The foregoing instrument was acknowledged before me this 2 day of March, 2013,
by Neil SI Davis, a Vice President of U.S. Bank National Association, a national banking
association, on behalf of said association, Grantor.
By.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this D day of March, 2013,
by Jeffiey W. Shea, a Vice President of U.S. Bank National Association, a national banking
association, on behalf of said corporation, Grantor.
SuktA0
NOTARY PUBLIC
11/111 c"--)
168074v4 4
GRANTEE; )\
CITY OF
James B. ovlaiid, Mayor
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
Te foregoing instrument was acknowledged before me this day of
, 20 t 3, by James B. Hovland and by Scott H. Neal respectively the Mayor
and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
•
NOTARY PUBLIC
SHARON M. ALLISON
NOTARY PUBLIC - MINNESOTA
•My Commission Expires Jan. 31, 2015
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota. 55121
Telephone: 651-452-5000
RNKIcjh
168074v4 5
EXHIBIT "A"
Parcels 3 and 4 Legal Descriptions:
Lot 1, Block 1, except that part thereof which lies Northwesterly of a line drawn from a point on
the North line of Section 32, Township 28, Range 24 distant 110 feet Easterly of the Northwest
corner of said section to a point on the West line thereof distant 110 Southerly of said Northwest
corner;
Lot 2, Block 1, except the Easterly 70 feet thereof;
Yorktown, Hennepin County, Minnesota.
EXHIBIT "B"
Easement Descriptions:
A permanent sidewalk and utility easement over, under, and across the parcels described in
Exhibit A, which lies easterly of Hennepin County permanent highway easement line as
described in document number 2189613 for Parcel No. 22 and westerly of Line A hereinafter
described: Commencing at the southwest corner of Lot 2, Block 1, Yorktown, as is on file and
of record in the Office of the County Recorder in and for Hennepin County, Minnesota; thence
North 89 degrees 47 minutes 51 seconds East, assumed bearing along the south line thereof,
13.00 feet to the point of beginning of Line A to be hereinafter described; thence North 04
degrees 55 minutes 37 seconds East, 31.59 feet; thence North 00 degrees 03 minutes 26 seconds
West, 217.65 feet; thence North 02 degrees 27 minutes 42 seconds West, 47.70 feet; thence
North 00 degrees 03 minutes 30 seconds West, 77.61 feet to the southeasterly Right of Way line
of Hennepin County Road Number 17 (France Avenue) and said Line A there teiminating.
Also
A permanent sidewalk and utility easement over, under, and across the parcels described in
Exhibit A, which lies southerly of Hennepin County peimanent highway easement line as
described in document number 2189613 for Parcel No. 22 and northerly of Line B hereinafter
described: Commencing at the northeast comer of Lot 1, said Block 1; thence South 00 degrees
09 minutes 30 seconds East, assumed bearing alone the east line thereof; 5.78 feet to the point of
beginning of said Line B; thence South 89 degrees 07 minutes 19 seconds West, 89.46 feet to
said Hennepin County permanent highway easement line and said Line B there terminating.
AND ALSO
A temporary construction easement across the parcels described in Exhibit A, which lies easterly
of said Line A, easterly of said Hennepin County permanent highway easement line and westerly
of the following described line: Commencing at the southwest comer of said Lot 2; thence
North 89 degrees 47 minutes 51 seconds East, assumed bearing along the south line thereof,
17.62 feet to the point of beginning of the line to be hereinafter described; thence North 05
degrees 39 minutes 08 seconds East, 31.42 feet; thence North 00 degrees 03 minutes 26 seconds
West, 217.95 feet; thence North 02 degrees 27 minutes 42 seconds West, 47.78 feet; thence
North 00 degrees 03 minutes 30 seconds West, 114.87 feet to said Hennepin County permanent
highway easement line and there terminating.
168074v4 6
Also
A temporary construction easement across the parcels described in Exhibit A, which lies
southerly of said Line B, southerly of said Hennepin County permanent highway easement line
and northerly of the following described line: Commencing at the northeast corner of Lot 1,
said Block 1; thence South 00 degrees 09 minutes 30 seconds East, assumed bearing alone the
east line thereof, 10.30 feet to the point of beginning of the line to be hereinafter described;
thence South 86 degrees 14 minutes 51 seconds West, 112.86 feet to said Hennepin County
permanent highway easement line and there terminating.
Said temporary easements shall expire on: December 31, 2013.
168074v4 7