HomeMy WebLinkAbout2924192430v1
EXHIBIT "A"
That part of Tract B, Registered Land Survey No. 1796, Hennepin County, Minnesota,
described as follows:
Commencing at the northeast corner of said Tract B; thence on an assumed bearing South
89 degrees 48 minutes 54 seconds West along the north line of said Tract B, 119.14 feet;
thence South 0 degrees 05 minutes 30 seconds East 20.27 feet to the point of beginning of
the land to be described; thence continue along said line South 0 degrees 05 minutes 30
seconds East 7.00 feet; thence South 89 degrees 54 minutes 30 seconds West 20.00 feet;
thence North 0 degrees 05 minutes 30 seconds West 7.00 feet; thence North 89 degrees 54
minutes 30 seconds East 20.00 feet to the point of beginning.
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EXHIBIT "B"
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Phomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jatnnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, III
Alina Schwartz
Shana N. Conklin
Amy B. Schutt
James J. Monge, III
Jerome M. Porter
hurt S. Fischer
Grand Oak Office Center 1
860 Blue Gentian Road
Suite 290, Fagan, MN 55121
651-152-5000
Fax 651-234-6237
WWW. ck-law.ccnn
CAMPBELL KNUTSON
Professional Associ l
July 26, 2017
Ms. Sharon Allison
City of Edina
7450 Metro Boulevard
Edina, Minnesota 55439
Re: Miscellaneous Recording
Dear Sharon:
Pursuant to your request, enclosed is the original recorded Encroachment
Agreement between the City and Galleria Shopping Center, LLC. Please note that
this Encroachment Agreement was recorded with the Hennepin County Registrar of
Titles on July 20, 2017, as Torrens Document No. T05459745.
If you have any questions regarding the above, please give me a call.
Very truly yours,
Campbell Knutson
Professional Association
By:
cjh Carole J. Hoeft
Enclosure Legal Assistant
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Existing Certs
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Doc No T05459745
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Certified, filed and/or recorded on
Jul 20, 2017 11:08 AM
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Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1573934M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this 1 CO *Idly of
, 2017, by and between the
CITY OF EDINA, a Minnesota municipal corporation ("City"), and GALLERIA SHOPPING
CENTER, LLC, a Minnesota limited liability company ("Owner").
1. BACKGROUND. Owner is the fee owner of certain real property located in the
City of Edina, County of Hennepin, State of Minnesota, legally described as follows:
Tract B, Registered Land Survey No. 1796,
Hennepin County, Minnesota
having a street address of 3510 Galleria, Edina, Minnesota ("Subject Property"). The City owns
easements for drainage and utility purposes over portions of the Subject Property. Owner has
requested the City's approval of the construction of footings for a building on the Subject Property,
which footings will encroach on the City's easement area.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment for footings over that portion of the City's drainage and utility easement legally
described on the attached Exhibit "A" in accordance with the details on the attached Exhibit "B"
(the "Encroachment Area"). As a condition of this approval, Owner shall be responsible for
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maintaining the footings located within the City's easement. The City agrees that Owner may
construct, use, maintain, repair, remove and/or replace the footings within the Encroachment Area,
at any time and from time to time, for so long as Owner may deem necessary or desirable, subject to
the terms and conditions of this Agreement.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Encroachment Area, Owner, for itself, its successors and assigns, hereby agrees to
indemnify and hold the City harmless from any damage caused to the Subject Property or the
footings located within the Encroachment Area, caused in whole or in part by the encroachment
onto the Encroachment Area. Further, the Owner, for itself, its successors and assigns shall
indemnify and hold the City harmless from all damages to utilities in the Encroachment Area and
any costs, expenses, claims and liabilities, including attorney's fees, relating to or arising out of
Owner's encroachment caused by Owner, its employees, agents, and contractors.
4. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
5. BINDING AFFECT. This Agreement is binding upon the parties, their successors
and assigns.
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IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year
first above written.
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN
James B. Hovl. nd, Mayor
And:.
1, C Manager
The foregoing instrument was acknowledged before me this day of
, 2017, by James B. Hovland and by Scott Neal, respectively the Mayor and
City M is er of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
SHARON M. ALLISON
Notary Pic -Minnesota
My Commission Expires Jan 31. 2020
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PROPERTY OWNER:
GALLERIA SHOPPING CENTER, LLC
By: Hines Global REIT Minnesota Retail I LLC,
its sol - Member
By:
(Mana
exctS
STATE OF MINNEW4144 )
r��t ri )ss.
COUNTY OF )
er or Authorized Agent)
The foregoing instrument was acknowledged before me this4(1
day of
`'t , 2017, by Jitn Q Matt, 4CGvt the '1lPriR.l'.Ct c 44
Hines Global REIT Minnesota Retail I LLC, a Delaware limited liability company, theole
member of Galleria Shopping Center, LLC, a Minnesota limited liability company, on behalf of
said limited liability company.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
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Notary Public
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,a..".:y, Commission Expires 04-29-2020
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