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Home My WebLink About28562308g 552,8423" EASEMENT FOR LANDSCAPING, PUBLIC SIDEWALK AND PUBLIC UTILITY PURPOSES THIS INSTRUMENT, made.as of the 2f"day of�'� 1989,.by and between CLP PARTNERS, a Minnesota genera ' partnership ("Grantor")' Grantor ), and the CITY OF EDINA, a municipal corporation organized under the laws of the State of Minnesota (the "City,,). WITNESSETH: That Grantor, in consideration of One and No/100 Dollars ($1;00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, Conley and quit claim to the City non --exclusive easements in perpetuity as follows': 1. 'An easement for -.landscaping, public sidewalk and all underground utility..and drainage system.purposes, including, but'not limited to, sanitary seiner, storm sewer and water, and including•the.right to enter, by itself or'its agents or -contractors, for the purpose of installing,. constructing, maintaining, altering, repairing, reinstalling and reconstructing said landscaping, public sidewalk and utility and drainage systems, in, under, over and across the following.described property situated in the County of Hennepin and State of Minnesota, to- 'wit: All those parts of Lot'l, Block 3, South Edina Development Addition, according.to the recorded plat thereof, Hennepin County, Minnesota, lying West of a line drawn parallel with and twenty (20)•feet East of the.East'line Of -France Avenue, •and ' lying North of • a line drawn, parallel with and twenty (20)..feet.South of the -South line of•.Parklawn Avenue, as' -such Avenues were dedicated by''the said plat'o£ South Edina.'Development Addition; also. All -those parts'of Lot 2, Block`3; South Edina' -Development Addition, aCcording'to..the recorded plat thereof, Hennepin County, Minnesota;.lying West,of.a line drawn parallel with and .twenty (20) . feet: East,., of the East .kine of France Avenue,:and°lying South of.a'line.drawn parallel with and twenty (20)'feet NorthiO. -the North line of West 76th Street, as:such Avenue .and Street were dedicated by the said-platof SOuth.Edina Development Addition. IRANSFER ENTERED AEP?.OF PROPERTY TAX & PUBLIC RECORDS 127. Be APR, 27 . .,-• N„ ... .'s:�Y•{a: ':>'•(i'!a�itf� a .i. �1Tw o...- -ai .. ,.. � rte.. i./F.PVTY , r7ai .. ... fia.Y,+YI.•'., 4e.v:!r�i•'.ii.4i��:�:E ... 44''•.o.¢sr�'} .ti t. 4.'i ••C•�i`.i.:ti:,... .. ..•... ... .. ... .. .. -+--..+..«..�.. _. 2. An easement for underground water main, sanitary sewer, storm sewer, telephone, electridity and gas lines, and other utility purposes, including the right to enter by itself or its agents or contractors, for the purpose of installing, constructing, maintaining, altering, repairing, reinstalling and reconstructing said water main, sanitary sewer, storm sewer, telephone, electricity and gas lines, and other utility lines, in; under and across the following described property situated in the County of'Herinepin, State of Minnesota, to -wit: All those'parts-of Lot 1 and Lot 2, Block 3, South Edina Development addition, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: v Beginning at the 'Southwest 'corner of said Lot 1; thence on an assumed bearing of North 00 degrees 41 minutes O1 seconds West, along the westerly line of said Lot l for 35.00 feet; thence North 89 degrees 18 minutes 59 seconds East for 330.00 feet; thence North 81 degrees 24 minutes 33 seconds East'for 181.73'.feet to the easterly line of said Lot 1; thence South'00 degrees,41 minutes 01 seconds East' along said easterly line and the easterly line of Said Lot 2 for 120.00 feet; thence North 82 degrees 46 minutes 35 seconds West for.181.73 feet; thence South 89 degrees 18 minutes 59'seconds West for 330.00 feet to the westerly line of said Lot 2; thence North 00 degrees 41,minutes 01 seconds West, along said westerly line for 35:00 feet to the point of beginning. In the event it is necessary for .the City to remove or destroy.any landscaping, sodding, sprinkler systems, irrigation systems, driveways, walkways or related improvements in connection with the permitted use Or uses of the easements as granted -in paragraph 1 or paragraph 2 hereof; the City,.at its. sole cost.and'.expense, and as soon as reasonably possible, shall restore -' .replace or repair such improvements to the condition as,existed prior to the removal or destruction to the extent reasonably possible. Grantor agrees that it.shall'not.construct any buildings,. parking ramp.'structures or other structures which ,would materially.interfere with the`use of the easements granted hereby to'the City,.,provided, however, Grantor'does hereby. -.',reserve -'and retain unto' itself, ' its successors, .heirs and' assigns.' the. right to:.construct.(in accordance with, and subject." to, *allapplicable .laws, ordinances,; codes and . ' . regulations)'.buildings''and/or•parking ramps or other permanent structures("Buildings") up'to'the boundary -line of the easements - granted hereby,, .together with the. right of-. said Buildings to, encroach. into .the easement -areas granted.hereby; whethe-at. .the.time' of construction or as a result of subsequent settlement, expansion, sag or shifting of any part Of said Building including, but not limited to, underground It fOotl'hgsO necessary for the Building; provided, however; and Grantor agrees, that any such encroachment into the easement areas granted hereby shall not unreasonably interfere with the normal use and enjoyment of the easement areas by the City. The easements granted hereby shall not be deemed -to prohibit Grantor from installing landscaping, sprinkler systems,'irrigation systems, driveways, Walkways, signage monuments and other non -Building structures (in accordance with, and subject to, all applicable laws, ordinances, codes and -regulations) within the easement areas, provided such improvements do not materially interfere with the normal use and enjoyment of the easement areas by the City. Grantor also understands and agrees that the City has no duty to or obligation to maintain any landscaping, irrigation sYstems, sprinkler systems; driveways, -walkways, signage or signage monuments or other.non-Building structures now or hereafter on any or all of the easement areas. If the City elects to construct, install ,or maintain any landscaping, sidewalks -or utility systems under or pursuant to this grant of easement, it shall be done without cost or charge'to Grantor or future owners of said Lots 1 and 2 except for such costs as may be assessed by the City.against'said Lots 1 and -2 pursuant to applicable statutes,'rules or ordinances, or•such costs as may be due to the actor negligence -of Grantor or such future owners.'. IN WITNESS WHEREOF, the party of the. first part has caused this instrument to be duly executed the day and'year first" above written. CLP PARTN RS Hy Warren L. Beck General Partner STATE OF MINNESOTA) COUNTY OF HENNEPIN) The for cioing instrument Was acknowledged before me this a?S day. of t- 2---i._.� 1989, bX Warren L. Beck,' a general partner of OLP Partners, a Minnesota general partnership, on behalf of said partner hip. Notary Public S. SICNAK Sta deed tax due hereon WARYANOi<A COUNTY is $1 • Total !«t MY Commission ex IMS &34M considera for this transaction i 00.00 or less. THIS INSTRUMENT WAS DRAFTED BY; Dorsey & Whitney (TSE) 2200 First Bank Place East Minneapolis, Minnesota 55402 . MICE OF COUNTY RECORDER `. `I.`i(At!1 CCi1!rTr, MiM1�ESO1� 8 APR 27 AN 10: � 4.7 AS OOui;tsrt{T �.r•. ,� CO. ktCCRfa z.... u rte, V C!1 f� )5528423 j 1 ' ' Y . MICE OF COUNTY RECORDER `. `I.`i(At!1 CCi1!rTr, MiM1�ESO1� 8 APR 27 AN 10: � 4.7 AS OOui;tsrt{T �.r•. ,� CO. ktCCRfa z.... u