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HomeMy WebLinkAbout3295No delinquent taxes Transfer Entered YI LAND TYPE To ens (T) DOC NUM 6141743 Certified, filed and/or recorded on Jun 17, 2025 1:56 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2796599E Document Recording Fee $46.00 Document Total $46.00 Jun 17, 2025 1:56 PM Hennepin County, Minnesota Daniel Rogan County Auditor and Treasurer PID(s) 29-028-24-33-0023 Existing Certs 1540155 This cover sheet is now a permanent part of the recorded document. TRANSIT EASEMENT THIS AGREEMENT ("Agreement"), made as of this 29th day of April, 2025, by and between 70TH STREET PROPERTIES, LLC, a Minnesota limited liability company ("Owner") and the CITY OF EDINA (the "City"), a Minnesota municipal corporation. WITNESSETH: WHEREAS, Owner is the owner of certain property located in the City of Edina, County of Hennepin, State of Minnesota, legally described in attached Exhibit "A" (hereinafter "Owner Parcel"); and WHEREAS, the City desires to obtain certain easements over and across the Owner Parcel for use by mass transit vehicles (the "Vehicles") and these easements are to be owned or operated by or for the City. NOW, THEREFORE, Owner and the City for One Dollar ($1.00) and other good and valuable consideration to each in hand paid, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, do hereby agree as follows: 1. Grant of Easements. Owner hereby grants and warrants to the City without cost or charge to the City, a non-exclusive easement (the "Transit Easement") over and across that portion of the Owner Parcel described in Exhibit "B" attached hereto and hereby made a part hereof (the "Transit Easement Area"), for use by said Vehicles for passage through the Owner Parcel and from and to the public streets adjoining the Owner Parcel. 2, Traffic Rules; Signs. (a) The Vehicles shall be subject to all rules and regulations established, from time to time, by Owner for the control and regulation of traffic and motor vehicles on the Owner Parcel; but Owner shall not impose any rules and regulations on the Vehicles which are more onerous or restrictive than those imposed generally on other traffic and motor vehicles on the Owner Parcel. 1 229383v5 (b) The City will post on the Owner Parcel and the improvements thereon, at its expense, such signs at such locations as either they or Owner deem necessary or desirable to advise passengers of the routes and time schedules of the Vehicles, the location and design of such signs shall be approved by Owner prior to posting. Owner agrees not to unreasonably withhold or delay such approval. 3. Maintenance. Owner shall do all repair and maintenance, including snow and debris removal, of said Transit Easement Area as shall be necessary to keep it in good repair and condition, and the City shall have no obligation of any kind to make or do any such repairs or any such maintenance, except as to the obligations of the City set forth in Paragraph 2(b) above. 4. Hold Harmless by Owner. The City shall have no liability or obligation of any kind for any claim or demand arising out of; or alleged to arise out of, the design, construction, maintenance, repair, reconstruction or replacement or all or any part of such Transit Easement, and Owner shall hold the City, and its officers, agents, employees and representatives, harmless from and indemnified against any loss, cost, damage or expense, including reasonable attorneys' fees, arising out of, or claimed to arise out of, any of the matters above set out in this paragraph, except for such loss, cost, damage, expenses or fees as may arise out of the failure of the City to have fulfilled its obligations as set out in paragraph 5 below, or out of the failure, or alleged failure, of Owner to have fulfilled its obligations as set out in paragraph 3 hereof, or out of the act or neglect, of Owner, or its officers, agents, employees, or representatives. All such loss, cost; damage and expense shall be paid by Owner within thirty (30) days of demand made by the City, and, if not so paid, shall bear interest at 12% per annum from the date demanded until paid. 5. Hold Harmless by the City. The City hereby agrees to hold Owner, and its officers, agents, employees and representatives harmless from and indemnified against any loss, cost, damage or expense, including reasonable attorneys' fees, arising out of the operation of such Vehicles on the Owner Parcel, except for such loss, cost, damage, expenses or fees as may arise out of the failure of Owner to have fulfilled its obligations as set out in paragraph 3 hereof,. or out of the act or neglect of Owner, or the tenants of Owner, or their respective officers, agents, employees, representatives, guests or invitees. All such loss, cost, damage and expense shall be paid by City upon demand made by Owner, and, if not so paid, shall bear interest at 12% per annum from the date demanded until paid. 6. Remedies (a) If Owner fails to do the repair and maintenance required by paragraph 3 hereof, the City, at its option, may enter upon the Owner Parcel by itself, or through its agents, employees or contractors, and with such personnel, equipment and materials as the City deems necessary for the purpose of doing such repair or maintenance. The City, and its officers, agents, employees, representatives and contractors shall have no obligation or liability to Owner or any owner or occupant of the Owner Parcel for trespass or damage to the Owner Parcel or any improvements thereon, for loss of business or business interruption or any other cause, all of which liability and obligation is hereby waived by Owner, and if any person makes any claim against the City, or its officers, agents, employees, representatives or contractors, for loss or damage to property or business due to such entry, Owner agrees to hold the City, and its officers, agents, employees, representatives and contractors harmless from and indemnified against any loss, cost, damage or expense, including attorneys' fees, whether suit be 2 229383v5 brought or not, arising out of such claim, and to pay to theCity, upon demand of the City, any such loss, cost, damage or expense, including attorneys' fees, suffered or incurred by the City, or its officers, agents, employees, representatives or contractors, with interest at 12% per annum from the date demanded until paid; provided, however, that the foregoing hold harmless and indemnity shall not apply to intentional wrongful acts or negligence of the City, or its, agents, employees, representatives or contractors. (b) The City, and Owner shall also have available all other remedies then allowed at law or in equity, including mandatory injunction, to enforce any of the obligations and duties of any party hereto, or to recover damages for default therein. (c) All of the remedies available to the City and Owner shall be usable and enforceable separately or concurrently, and the use of one remedy shall not waive or preclude the use of one or more of the other remedies. Also, the failure to exercise, or delay in exercising, any remedy shall not preclude any party from thereafter exercising any of its remedies for the same or a subsequent failure or refusal. Owner agrees to pay to the City and the City agrees to pay to Owner any and all costs and expenses incurred by the other in enforcing this Agreement by use of the remedies set out herein or by other remedy or means available at law or in equity, including attorneys' fees, whether suit be brought or not, and with interest on all such costs and expenses at twelve percent (12%) per annum from the dates incurred until paid. (d) Owner and the City also agree to pay all costs of collection of any monies, including interest, due from of by it pursuant hereto, again including attorneys' fees and whether suit be brought or not, with interest at twelve percent (12%) per annum on such costs of collection from the dates incurred until paid. 7. Notice. Any notice, report, or demand required or permitted to be given by any party hereof upon or to any other party hereto shall be in writing and shall be deemed given in accordance with this Agreement when delivered personally to the party to which notice is being given, or when sent by nationally recognized overnight courier or when deposited in the United States mail in a sealed envelope, sent by registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: If to Owner: 70th Street Properties, LLC 3510 Galleria Edina, Minnesota 55435 Attn: Property Manager and 70th Street Properties, LLC 3033 Excelsior Blvd., Suite 340 Minneapolis, MN 55416 Attn: Peter Haeg and 70" Street Properties, LLC 3033 Excelsior Blvd., Suite 340 Minneapolis, MN 55416 Attn: Ray Cabillot 3 229383v5 If to the City: City of Edina 4801 West 50th Street Edina, Minnesota 55424 Attn: City Manager Notices shall be effective upon personal delivery, or if mailed or sent by a nationally recognized overnight courier, one business day .after mailing or depositing in the above manner, Any party may change its address for the service of notice by giving written notice of such change to the other party, in the manner above specified, ten days prior to the effective date of such change. 8. No Gift or Dedication. Nothing herein contained shall be deemed to be a gift or dedication of the easements hereby created, or any portion thereof, to the general public, even though some of the easements hereby created may be used for or by the general public. 9. Amendments. This Agreement may only be amended by a written agreement executed by Owner and by the City. All amendments to be effective, once duly signed, shall be recorded or filed in Hennepin County, Minnesota, in the same office in which this Agreement is recorded or filed to give constructive notice thereof. 10. Run With Title• Successors and Assi • ns. The Transit Easement hereby granted, declared, and created, and the provisions hereof, shall run with the Owner Parcel and every part thereof, without regard to technical classification and designation, legal or otherwise, and will be binding upon, to the fullest extent permitted by law and in equity, and shall inure to the benefit of, and be enforceable by, the parties hereto, and their respective successors and assigns, and all present and future owners of the Owner Parcel. 11. Estoppel Certificate. Each party hereby agrees that upon written request, from time to time, of the other party, it will issue an Estoppel Certificate within twenty (20) days of such written request stating: (a) whether the party to whom the request has been directed knows of any default by the requesting party under this Agreement and, if there are known defaults, specifying the nature thereof; (b) whether, to the party's knowledge, this Agreement has been modified or amended in any way (and if it has, then stating the nature thereof); (c) that, to the party's knowledge, this Agreement is in full force and effect, or if not, so stating; (d) the nature and extent of any setoffs, claims or defenses then being asserted or otherwise known by the party against enforcement of such party's obligations hereunder; and (e) such other matters as may reasonably be required by the requesting party. Such statement shall act as a waiver of any claim by the patty furnishing it to the extent such 4 229383v5 claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts contrary to those contained in the statement, and who has acted in reasonable reliance upon the statement; however, such statement shall in no event subject the party furnishing it to any liability whatsoever, notwithstanding the negligent or otherwise inadvertent failure of such party to disclose correct and/or relevant information. 12. Liability Limitations. Owner, and every successor owner of all or any part of the Transit Easement Area, shall be liable under this Agreement only for obligations and liabilities which accrue while a record owner of all or any part of the Transit Easement Area and once Owner, and each successor owner, is no longer the record owner of any part of the Transit Easement Area, the liability hereunder of Owner and such successor owner shall cease and terminate except for obligations which accrued during such record ownership. The foregoing provision shall not prevent exercise of the remedies at paragraphs 6(a) or 6(b) hereof (except damages) as to the then record owners of the Transit Easement area even if for the failure of a then prior record owner of all or any part of the Transit Easement Area. If there is, at any time, more than one record owner of the Transit Easement Area, their liability hereunder shall be joint and several. IN WTINESS WHEREOF, the parties hereto have caused this instrument to be duly executed as of the date and year first above written. [Remainder ofpage intentionally 141 blank. Signature pages.followd 5 229383v5 70TH STREET PROPERTIES, LLC, a Minnesota limited liability company By Peter Haeg Its Chief Executive Officer STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me thisa7 day of A 14- p..01 If 2025, by Peter Haeg , the Chief Executive Officer of 70TH Street Properties, LLC, a limited liability company, on behalf of the company. /AO ttmi, Notary Public Kaitlin R Sanders Notary Public Minnesota lyCommisslonErOmsJan.31.?il 6 229353v5 James Hovland, Its Mayor CITY OF Eli INNESOTA 'c 'Scott Neal, lit CitS, Wit-agef STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ft? c The foregoing instrument was acknowledged before me this '2 day of , 2025, by Jaynes Hovland and Scott Neal, the Mayor and City Manager respectively, of the City of Edina, a Minnesota municipal corporation, on behal Colthe corporation and pursuant to the authority granted by its City Couricilt--- ( Notary Public SHARON M. ALLISON (..,- ,,..4 NOTARY MAUD r • .; kit9OTA \/My CommisnItm Explors Jon 31, zoso DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55)21 Telephone: (651)452-5000 DSKIrnew 229333 Nt5 7 EXHIBIT "A" To TRANSIT EASEMENT Legal Description of Owner Parcel: Tract B AND C, REGISTERED LAND SURVEY NO. 1796, Hennepin County, Minnesota. Ton-ens Property 8 229383v5 EXHIBIT "B" TO TRANSIT EASEMENT Proposed Transit Easement Description: That part of Tracts B & C, REGISTERED LAND SURVEY NO. 1796, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of Tract B, REGISTERED LAND SURVEY NO. 1366, Hennepin County, Minnesota; thence North 89 degrees 45 minutes 00 seconds East, assumed bearing, along the southerly line of said Tract B, 596.06 feet; thence North 00 degrees 17 minutes 33 seconds West 2332 feet; thence North 14 degrees 42 minutes 27 seconds East 98.53 feet; thence northerly along a tangential curve, concave to the west, having a radius of 43.64 feet and a central angle of 15 degrees 00 minutes 00 seconds, 11.42 feet; thence North 00 degrees 17 minutes 33 seconds West 174.35 feet to the point of beginning of the land to be described; thence North 16 degrees 42 minutes 58 seconds East 36.12 feet; thence North 00 degrees 1 I minutes 06 seconds West 214.17 feet to the northerly line of said Tract C; thence North 89 degrees 48 minutes 54 seconds East, along said northerly line of Tract C, 24.01 feet; thence South 00 degrees II minutes 06 seconds East 217.72 feet; thence South 16 degrees 42 minutes 58 seconds West 36.12 feet; thence North 81 degrees 47 minutes 08 seconds West 24.27 feet to the point of beginning. 9 229383v5 EXHIBIT West 69th Street "":218or \Wirterthe rma c Proposed Transit Easement Description April 28, 2025 That part of Tracts S & C. REGISTERED LAND SURVEY NO. 1796, HemlePin County, Minnesota, described as follows: Commencing at the southwest corner of Tract 0, REGISTERED LAND SURVEY NO. 1366, Hennepin County, Minnesota; theme North 89 degrees 45 mantes 00 seconds East, atcvmed bearing, along the southerly hoe of raid Tract 8, 596.06 feet donee North CO degrees 17 minutes 33 seconds West 23.72 feet; thence North 14 degrees 42 minutes 27 seconds East 98.53 feet; thence northerly along a tangential cove, concave to the west, having a radius of 43.64 feet And a central angle of 15 degree, 00 minutes 00 seconds, 11.42 feet; thence North 00 degrees 17 minutes 33 seconds West 174.35 feet to the point of beginning of the land to be described; thence North 16 degrees 42 minutes 58 seconds East 36.12 feel; thence Neth 00 degrees it minutes 06 seconds West 214.17 feet to the northerly line of said Tract .0: thence North 89 degrees 44 minutes 54 seconds East, along said northerly &to of Tract C, 24.01 feet thence South 00 degrees 11 minutes 06 seconds East 217.72 Nog thence South 16 degrees 42 niMutes 511 seconds West 36.12 feet; thence North 81 degrees 47 minutes 08 seconds West 24.27 feet to the point of beginning. 5{ Tract B \ lake w react renal EOSCOGai I Per Dec Na 2130282 6-7-15.00.00° 12=43,04—..-d 141.42 . I Denotes EasemcniAle, 6,051 O.Scill f if ml *41 rpaptacan—cammt ',F.; wo,. No 0, MLR Ka 1266 r11 1787:P13 160'E 596.06 West 70th Street "Pth PTN:t.Piet.;=1221th. 028 Ag44182. wraans LLUL Swareal- FtS liceepa No, WM Mt. Lo u c Ks Loucks Deject No. 14565G 10 S 0 40 SCALE IN FEET 24 Tract .1-ftworni4 Welt Oatmeal 1,116'42'58.E 38.12 ,, \ Pohl ce *OM /. 24 c 4 12, , • r, , sis.42.62m / /36.12 sthe leoctC EXHIBIT "B" Page 2 229383v5 MORTGAGE HOLDER CONSENT TO TRANSIT EASEMENT PARK STATE BANK, a Minnesota Chattered Bank, which holds: 1. A Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Financing Statement executed by 70TH Street Properties, LLC, a Minnesota limited liability company, as Mortgagor, to Park State Bank, as Mortgagee, dated March 10, 2022, recorded March 11, 2022, in the office of the Hennepin County Registrar of Titles, Minnesota, as Doc. No. T59289I5, securing the original amount of $85,000,000.00; AND 2. The first amendment to Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Financing Statement executed by 70TH Street Properties, LLC, a Minnesota limited liability company, as Mortgagor, to Park State Bank, as Mortgagee, dated May 9, 2022, recorded May II, 2022, in the office of the Hennepin County Registrar of Titles, Minnesota, as Doc. No. T5943722; does hereby agree and consent to all of the terms and conditions of the Transit Easement to which this Mortgage Holder Consent is attached, and agrees that the liens and interests above described and all renewals, modifications and extensions thereof, are and shall be subordinate to the easements and interests granted and created by the Transit Easement, and agrees to be bound by all of the obligations of, and subject to all of the remedies available against, Owner, as defined in said Transit Agreement, in the event it becomes the owner of the Owner Parcel. Dated thir day of [Remainder of page is intentionally left blank. Signature page follows.] 11 229383v5 PARK STATE BANK By Christian Lunde Its Business Banking Officer STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) .The foregoing instrument was acknowledged before me this -211;\A— day of R‘ , 2025, by Christian Lunde the Business Banking Officer of Park State Bank, a Minnesota Chartered Bank, on behalf of the entity. Kaillin R Sanders Notary Public Minnesota 11y Commission Wes Jan. 31,n." DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 DSKAnew 12 229383v5