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HomeMy WebLinkAbout3271France Avenue Pedestrian Enhancement Project SP 120-020-037 Easement Check List Parcel 10 Parcel Number 10 Property Edina Business Plaza Address 7550 France Avenue Early Notification Letter Waiver of Compensation! Appraisal Easement Parcel File: Project Letter Early Notification Letter Title Work by Cambel Knutson Communication log Appraisal//1 IVO?" Signed Easement Early notification letter Waivers Easements Included Sent Acknowledged Compensation Appraisal Sent Signed ft IC- eat/a JC - Ate k - 00 toe OC g May 21, 2012 France Avenue Area Stakeholders City of Edina Re: Stakeholders Meeting #1 - 7:00 PM, Thursday, May 31af. 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 0 Edina, Minnesota 55439 www.EdinaMN.gov 0 952-826-0371 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 #1 Notice.docx >k (/ A 4 \ l'\ Ti \P. January 18, 2013 Mr. Chad Thomas CPM Commercial Property Manager Upper Midwest Management Company Minneapolis Metro Area Commercial Office 4900 Highway 169 North, Suite 100 New Hope, MN 55428 RE: Easements for France Avenue Pedestrian Project Dear Mr. Thomas: Attached is the easement package for the pedestrian safety improvements along France Avenue that I described in my voice mail today. 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. EDINA PUBLIC WORKS & PARK MAINTENANCE FACILITY 7,150 Metro Boulevard o Edina, Minnesota 55439 tvwlvEdinaMN.gov o 952-826-0376 o Fax 952-826-0392 Page 2 Edina Business Plaza Easements January 18, 2013 Please contact me to discuss the proposed project and easements. Sincerely, Wayne D. Houle, PE Director of Engineering Office Phone: 952-826-0443 Email: whoule@edinamn.gov Enclosures: o Feasibility Study o Draft Plan o 4 Original Easements (need all four returned) o 3- Copies of easement sketches G:\ PW\ CENTRAL SVCS \ ENG DIV \ PROJECTS \ CONTRACTS \2O13 \ENG 13-5 France Ave Intersections\ 8A404 Intersections Enhance \ ADMIN\ LEGAL \ Easements\ Parcel 10\ 20130118 WH-Edina to CT-UMMC Parcel 10.doc hereby c-ariify that this feasibility study was prepared by me or under my direct -supervision, and that I em a duly Registered Pro#essional Engineer under the laws of the State of Minnesota. 26082 07/27:12 Charles Ricked, Pb Reg. No. Dale Appioved ezzoi-r.+0.; 7 /24f IL, Wayne D. Houlk PE Date City Engineer FEASIBILITY STUDY FRANCE AVENUE INTERSECTION ENHANCEMENTS IMPROVEMENT NO. BA 404 Revised July 27, 2012 ENGINEERING DEPARTMENT CITY OF EDINA ; .1 p.111 , ) 1. I .filL,111)..r.11..j. it 10i6„ •3 kIf 4 5 • Allt:iNif401111; " 0 It' 1_, 4 445S Wral. hcfrarrlr•Irert. *An.* 4714.1 / Edsling Concrete PavemonlJoinls 111111111Crosswals LEr,LND - Proposed Lane thes France Avenue TE Intersection Improvements SR 120-020-037 City of Edina, Minnesota January/ 0,2013 Sheet 1 of Proposed hnprovements with Existing Pavement Joints 1 liN11411 111 i,...),;11,1,1 „, 0 ;-•,,.,, ._,,, . ,P,1111111141.1014,;;Ia141 i ' -,fz -,;.. ' i , ,,,,,1191,1,nomfig„,.,„,, France Avenue South a, . e ▪ a ; • '1 4111: oh' • r 01 WELA - - Exigng Storm Sewer Existig Cech Bas,k1 0 bisling Storm Math* France Avenue TE Intersection Improvements S.P. 120-020-037 City of Edina, Minnesota Janualy 0, 2013 Sheet 1 of 6 Existing Storm Sower with Proposed hnprovements France Avenue South -11 ri 4 1111PItiiill 11 1111 't;¢ 1-1 114, 411 rim 1 11411,9 111343143341 311 ' :31.1i 39 -1"w1-110301i;4 /9I 11 1111 '0'0111110 14 Vt. 5. 1.1 MVO 1 -- n-• — Ade 4 . P 151 44'4. 4:U1;114411 .91 ° 0 " 111.1 .14 1 , 11 .1ff 30 it 0 MIL! I. 44t.. ... . 11F 1 onit 9 1 .74`."ntilt , — z (reserved for recording information) GRANT OF PERMANENT AND TEMPORARY EASEMENTS EDINA BUSINESS PLAZA, LLC, a Minnesota limited liability company, 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. 168077v1 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 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. 168077v1 2 IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this day of , 20 . GRANTOR: EDINA BUSINESS PLAZA, LLC By: Its: Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20 , by , the Chief Manager of Edina Business Plaza, LLC, a Minnesota limited liability company, on behalf of said company, 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 168077v1 3 EXHIBIT "A" Parcel 10 Legal Description: Lot 2, Block 1, Edina Office Center 2nd Addition, Hennepin County, Minnesota. EXHIBIT "B" Easement Descriptions: A permanent sidewalk and utility easement over, under, and across Lot 2, Block 1, Edina Office Center 2nd Addition, as is on file and of record in the Office of the County Recorder, in and for Hennepin County, Minnesota which lies northerly and westerly of Hennepin County permanent highway easement line as described in document numbers 2043023 and 2043023 and easterly and southerly of Line A to be hereinafter described: Commencing at the most southerly southwesterly corner of said Lot 2; thence South 89 degrees 53 minutes 52 seconds East, assumed bearing along the south line thereof, 69.60 feet to the point of beginning of said Line A, thence North 01 degrees 55 minutes 44 seconds West, 20.09 feet, thence North 87 degrees 23 minutes 33 seconds East, 47.78 feet; thence easterly along a tangential curve, concave to the south, having a radius of 1852.00 feet, central angle of 02 degrees 13 minutes 28 seconds, for 71.90 feet; thence North 89 degrees 37 minutes 01 seconds East, tangent to last described curve, 74.20 feet; thence northeasterly along a tangential curve, concave the northwest, having a radius of 48.00 feet, central angle of 90 degrees 22 minutes 21 seconds, for 75.71 feet, thence North 89 degrees 14 minutes 40 seconds East, not tangent to last described curve, 1.00 feet; thence North 00 degrees 45 minutes 20 seconds West, 102.39 feet; thence North 02 degrees 41 minutes 31 seconds East, 136.42 feet to said Hennepin County permanent highway easement line and there terminating. AND ALSO A temporary construction easement across said Lot 2, which lies northerly and westerly of said Line A and easterly and southerly of the following described line: Commencing at the most southerly southwesterly corner of said Lot 2; thence South 89 degrees 53 minutes 52 seconds East, assumed bearing along the south line thereof, 61.19 feet to the point of beginning of said line to be hereinafter described; thence North 02 degrees 36 minutes 27 seconds West, 36.69 feet; thence North 87 degrees 23 minutes 33 seconds East, 20.00 feet; thence South 02 degrees 36 minutes 27 seconds East, 15.00 feet; thence North 87 degrees 23 minutes 33 seconds East, 36.41 feet; thence easterly along a tangential curve, concave to the south, having a radius of 1854.00 feet, central angle of 02 degrees 13 minutes 28 seconds for 71.98 feet; thence North 89 degrees 37 minutes 01 seconds East, tangent to last described curve, 74.20 feet; thence northeasterly along a tangential curve, concave to the northwest, having a radius of 46.00 feet, central angle of 90 degrees 22 minutes 21 seconds for 72.56 feet; thence North 00 degrees 45 minutes 20 seconds West, tangent to last described curve, 102.48 feet; thence North 02 degrees 41 minutes 31 seconds East, 136.53 feet; thence South 86 degrees 56 minutes 11 seconds East, 3.00 feet to said Hennepin County permanent highway easement line and there terminating. Said temporary easement shall expire on: December 31, 2013. 168077v1 4 I , X ii 7500 I: i to ,00 KINNIYINCP1017VOCC MOON --1 CPI Vc \ I 1. 13,0° 536.53.11-3 I a 1\9 Ss 1 G-' 5‘,0G\&A r\C I. /I, 2. 1 1 . ' - ! \ , I 11.1 M. Z Ill < Ill 0 z . 3 44 PARCEL 10 PID.31-028,24414240 I El 30.2.36•27.3 05.00 ..: .e.' \ NIZ2.3.33.1 \ 1.7.2::".' A f%'!:....e \ 1 11 ,e •-_- --- iv 4 / \ Sr.3i .,7. s W I : ' - f_- STORM SERER ERSEMENT 000. .1411304 _ i _ _ 7.,_ n__ . ! i L '\\ i / = / , 2 .._ „a 0004sM .7....7 . ... .., • N \ UTILITY WENDT -0 '0 -,- Hemel. =own.. I "VI.19...* s'30,00- ---,SS,- ......1%. ,3. to ...S. .7-- - - `...., - ...• 1.01.SS•43-3 .,..........447,23.0,1„......._8 _.... 76TH STREET W 5I5210(. "th'"nisi037•,,E •n t i IF n.r ,-EN...00(IMTY 00G-1.2n0061,n(--- -- --- ------------------------- .."..-C__:±__ 1 ...SS\ !.5. .4.. r- PROPOSED PERMANENT EASEMENT AREA = 3E75 sq ft PAIREOT6TsEgTORARY CONSTRUCTION EASEMENT ..7. ' France Avenue Improvements Easement Parcel Sketch City of Edina, Minnesota ... _.. . , M •-. 0t.,. -0 iNSB Project No. 16136-31:0 °etc: 11/20/12 Parcel No. 10 A 701 Xenia Avarua South, Sults 300 WSB Nimmons, MN 55416 tv.v wsbonE co. S. Annear, Inr T3350.1113.31,313O-1710 INFIASTRUCT/R3 . ENGINEERING n PLANNING n CONSTRUCTION France Avenue Pedestrian Enhancement Project SP 120-020-037 Easement Communication Log Parcel 10 Parcel Number 10 Property Edina Business Plaza Address 7550 France Avenue Communications Date Type Email Phone Notes 1/18/2013 a Chad Thomas 1/18/2013 v Chad Thomas 1/18/2013 x Chad Thomas 1/18/2013 a Chad Thomas 1/21/2013 a Chad Thomas _ _1/21/2013 a Chad Thomas 1/22/2013 o Chad Thomas 1/22/2013 x Chad Thomas 1/30/2013 5 Chad Thomas 2/25/2013 0 Roger Knutson 3/21/2013 a Chad Thomas 3/21/2013 a Chad Thomas (reservedfor recording information) GRANT OF PERMANENT AND TEMPORARY EASEMENTS EDINA BUSINESS PLAZA, LLC, a Minnesota limited liability company, 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 hefeby 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. Other than as set forth in the plans 168077v2 1 previously provided to Grantor by Grantee, prior to Grantee performing any other grading for the 2013 project or lowering the ground elevation for the 2013 project on the easement premises, Grantee shall submit to Grantor plans and specifications for such work and Grantee shall perform no such work until such plans and specifications have been approved by Grantor. 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 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. 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. 168077v2 2 4. Grantee will be responsible for renovation, replacement, maintenance, and upkeep of the public sidewalk, any utilities it places in or upon the easement premises. Grantee shall also be responsible for the renovation, replacement, and maintenance of the boulevard area in the easement premises which responsibilities shall include repairing winter and salt damage, sodding or seeding, and weed control. Grantor shall water the boulevard area in the easement premises. 168077v2 3 14 IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this 27 day of Kb-1)0J ,2013. GRANTOR: EDINA BUSINESS PLAZA, LLC Its: Trealrer/Secretary STATE OF MINNESOTA ) )ss. COUNTY OF-HENNEPTN ) levo <4 Z5f714- AA The foregoing instrument was acknowledged before me this day of VtA-R.C-4- , 2013, by Chad J. Thomas, the Treasurer/Secretary of Edina Business Plaza, LLC, a Minnesota limited liability company, on behalf of said company, Grantor. By: -,,,,..................."..0.4.,-, .. NOTARY MC . MOM JEFfREY P HOUG i 1_ WY COMMON EMS 1131116 168077v2 4 GRANTEE: CITY OF E A James B. Hovland, Mayor AllrAmh Scott real, 1tyManer STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN a 62/' m Thp foregoing instrument was acknowledged before me this I day of ( , 2013, 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. .60 NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 RNKJcjh SHARON M. ALLISON NOTARY PUBLIC. MINNESOTA My Commission Expires Jan, 31,2015 168077v2 5 AND EXHIBIT "A" Parcel 10 Legal Description: Lot 2, Block 1, Edina Office Center 2nd Addition, Hennepin County, Minnesota. EXHIBIT "B" Easement Descriptions: A permanent sidewalk and utility easement over, under, and across Lot 2, Block 1, Edina Office Center 2nd Addition, as is on file and of record in the Office of the County Recorder, in and for Hennepin County, Minnesota which lies northerly and westerly of Hennepin County permanent highway easement line as described in document numbers 2043023 and 2043023 and easterly and southerly of Line A to be hereinafter described: Commencing at the most southerly southwesterly corner of said Lot 2; thence South 89 degrees 53 minutes 52 seconds East, assumed bearing along the south line thereof, 69.60 feet to the point of beginning of said Line A, thence North 01 degrees 55 minutes 44 seconds West, 20.09 feet, thence North 87 degrees 23 minutes 33 seconds East, 47.78 feet; thence easterly along a tangential curve, concave to the south, having a radius of 1852.00 feet, central angle of 02 degrees 13 minutes 28 seconds, for 71.90 feet; thence North 89 degrees 37 minutes 01 seconds East, tangent to last described curve, 74.20 feet; thence northeasterly along a tangential curve, concave the northwest, having a radius of 48.00 feet, central angle of 90 degrees 22 minutes 21 seconds, for 75.71 feet, thence North 89 degrees 14 minutes 40 seconds East, not tangent to last described curve, 1.00 feet; thence North 00 degrees 45 minutes 20 seconds West, 102.39 feet; thence North 02 degrees 41 minutes 31 seconds East, 136.42 feet to said Hennepin County permanent highway easement line and there terminating. AND ALSO A temporary construction easement across said Lot 2, which lies northerly and westerly of said Line A and easterly and southerly of the following described line: Commencing at the most southerly southwesterly corner of said Lot 2; thence South 89 degrees 53 minutes 52 seconds East, assumed bearing along the south line thereof, 61.19 feet to the point of beginning of said line to be hereinafter described; thence North 02 degrees 36 minutes 27 seconds West, 36.69 feet; thence North 87 degrees 23 minutes 33 seconds East, 20.00 feet; thence South 02 degrees 36 minutes 27 seconds East, 15.00 feet; thence North 87 degrees 23 minutes 33 seconds East, 36.41 feet; thence easterly along a tangential curve, concave to the south, having a radius of 1854.00 feet, central angle of 02 degrees 13 minutes 28 seconds for 71.98 feet; thence North 89 degrees 37 minutes 01 seconds East, tangent to last described curve, 74.20 feet; thence northeasterly along a tangential curve, concave to the northwest, having a radius of 46.00 feet, central angle of 90 degrees 22 minutes 21 seconds for 72.56 feet; thence North 00 degrees 45 minutes 20 seconds West, tangent to last described curve, 102.48 feet; thence North 02 degrees 41 minutes 31 seconds East, 136.53 feet; thence South 86 degrees 56 minutes 11 seconds East, 3.00 feet to said Hennepin County permanent highway easement line and there terminating. Said temporary easement shall expire on: December 31, 2013. 1314244.1 168077v2 6 168077v2 7 WAIVER OF COMPENSATION (DONATION) S.P./S.A.P. No. SP 120-020-037 Parcel No. 10 PID #31-028-24-41-0240 Owner Edina Business Plaza, LLC Address 7550 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, Edina Businessr laza, LLC 6' TZA