HomeMy WebLinkAbout3002No delinquent taxes
Transfer Entered
Doc No T05571537
Certified, filed and/or recorded on
Oct 26, 2018 3:47 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 120 Pkg ID 1752865E
II I II I
iii
Oct 26, 2018 3:47 PM
Hennepin County, Minnesota
Mark Chapin
County Auditor and Treasurer
PID(s)
18-028-24-14-0141
Existing Certs
1456926
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made and entered as of the , day of
October, 2018, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA,
MINNESOTA, a public body corporate and politic of the State of Minnesota ("HRA"), and MITCHELL
J. MONSON and JAN Y. MONSON, husband and wife ("Licensees").
RECITALS
A. The HRA is the fee owner of the property described on Exhibit A attached hereto and
located in the City of Edina, County of Hennepin, State of Minnesota (the "HRA Property").
B. Licensees are the fee owners of the property abutting the HRA Property located in the City
of Edina, County of Hennepin, State of Minnesota and legally described on Exhibit B attached hereto (the
"Licensee Property").
C. Licensees have requested that the HRA grant a license to Licensees to use that portion of
the HRA Property designated as the "License Area" on Exhibit C attached hereto for the limited purposes
set forth in this Agreement.
D. The License Area contains certain public utilities necessary for the operation of the public
infrastructure to which the HRA requires 24 hours per day, 7 days per week access.
E. The HRA agrees to grant to Licensees the right to use the License Area for limited
purposes, upon the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the Recitals and the agreements contained herein, the
HRA and Licensees agree as follows:
1. License. The HRA hereby grants to Licensees subject to the terms and conditions of this
Agreement, a non-exclusive license (the "License") to use the License Area.
2. Term. The term of the License shall be commenced upon execution of this Agreement by
the parties and terminate upon Licensees' sale, gift or other transfer or assignment of the Licensee Property
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to a third party. The trustee of a grantor trust created by Licensees, or either of them, shall not be a "third
party" under this agreement.
3. No Interest in License Area. Licensees acknowledges and agree that this Agreement does
not grant Licensees any estate or other interest in the License Area or any part thereof, except the License
expressly described herein.
4. Permitted Uses. The License Area may be used by Licensees solely for recreational
purposes. Under no circumstances, at any time, shall Licensee place any permanent structures on the
License Area or use the area for storage or open fires. Nor shall Licensees do any excavation or make any
other improvements to the License Area without the prior written approval of the HRA. The HRA, its
officers, employees and agents, shall have the right to enter the License Area at all times, provided the
HRA uses reasonable efforts to avoid interfering with Licensee's use of the License Area. The HRA does
not warrant that the License Area is suitable for the purposes for which it is permitted to be used under
this Agreement. Licensees assume all risk with respect to its activities within the License Area.
5. Limitation of Liability. Licensees acknowledges that their use of the License Area is
subject to the HRA's, its employees', agents', contractors' and assigns' right to access and use the License
Area at any time for limited purposes related to the HRA's use for utility purposes. Licensees
acknowledge that the use of the License Area by the HRA may impact Licensee's use of the License Area
and may result in damage to the License Area. The HRA agrees to repair any damages caused by the
HRA, its employees, agents, contractors or assigns, to the License Area.
6. Maintenance. Licensees acknowledge that the License Area is in good order, condition
and repair, and agree that their use of the License Area will comply with all applicable laws, rules and
regulations and that Licensees shall maintain the License Area, including mowing and watering grass as
necessary, in a similar condition that the License Area is in on the date hereof, and Licensees shall not
commit any nuisance or waste on the License Area. The HRA shall be responsible for the maintenance
of trees, shrubs and the HRA's utilities located within the License Area.
7. Indemnity.
A. Licensees shall defend, indemnify and save the HRA and its officers, employees, and agents
harmless from and against all liabilities, losses, obligations, claims, suits, damages, penalties, causes of
action, costs and expenses (including without limitation, court costs and reasonable attorneys' fees) arising
from or relating to the use, condition, occupancy or operation of the License Area or any part thereof by
Licensees, or any failure on the part of Licensee to perform or comply with any terms of this Agreement,
or any injury, death, disability or damage to any person or property occurring in or on the License Area in
connection with Licensee's use of the License Area, or any act or omission by Licensees or anyone
claiming by or through them. The foregoing indemnification does not apply to any liability, cause of
action, expense or cost suffered or incurred by the HRA as a result of the gross negligence or willful
misconduct of the HRA, its officers, employees, agents, contractors and attorneys.
B. Subject to the statutory limits under Minnesota Statutes chapter 466, the HRA will indemnify,
defend and hold Licensees harmless from any and all claims, liabilities or causes of action, including
attorneys' fees and costs, arising out of the use of the License Area by the HRA, except to the extent
caused by the gross negligence or willful misconduct of Licensees, their guests, or invitees. Nothing herein
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shall be deemed a waiver by the HRA of the limits of liability set forth in Minnesota Statutes, Chapter 466
and the HRA shall not be obligated to indemnify the Licensees for any amounts in excess of the limits set
forth therein, less any amounts that the HRA is required to pay on behalf of itself, its officers, agents and
employees for claims arising out of the same occurrence.
8. Environmental Compliance. Licensees covenant, represent and warrant to the HRA:
(i) that they will not use or permit the License Area to be used, whether directly or through contractors,
agents or tenants, for the generating, transporting, treating, storage, manufacture, emission of, or disposal
of any Hazardous Materials as hereafter defined in violation of any federal, state or local law, regulations,
ordinances or requirements governing Hazardous Materials; (ii) that there have been no investigations or
reports involving Licensees by any governmental authority which in any way pertain to Hazardous
Materials relating to the License Area; and (iii) that their use of the License Area will not violate any
federal, state or local law, regulation, ordinance or requirement governing Hazardous Materials.
Hazardous Materials are defined as any dangerous, toxic or hazardous pollutants, chemicals, waste,
polychlorinated biphenyls, asbestos, formaldehyde, petroleum, including crude oil or any fraction thereof,
natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel or mixtures thereof or
substances as defined in the Comprehensive Environmental Response Compensation and Liability Act of
1980, as amended, 42 U.S.C. 9601, et seq., or the Resource Conservation and Recovery Act of 1976, as
amended, 42 U.S.C. 6901, et seq., or the Hazardous Materials Transportation Act, as amended, 49 U.S.C.
1801, et seq., or the Minnesota Environmental Response and Liability Act, as amended, Minn.5tat.
Ch. 115B, or any other federal, state or local environmental laws, statutes, regulations, requirements or
ordinances.
9. Compliance with Laws. Licensees shall not commit or permit any act to be performed on
the License Area or omission to occur which will be in violation of any statute, regulation or ordinance of
any governmental body or which will be in violation of any insurance policy carried on the License Area
by the HRA.
10. Assignability. This Agreement, and the License herein granted, may not be assigned or
transferred to any third party by Licensees.
11. Termination. The HRA may terminate the License granted by this Agreement upon a
material breach of this Agreement by Licensees, provided Licensees are given prior written notice of the
breach by the HRA and an opportunity to cure within 10 days of the notice. Licensees may terminate the
License granted by this Agreement at any time, upon written notice to the HRA. Within five (5) days of
the effective date of termination, Licensees shall remove all of Licensee's property from the License Area
and return the License Area to its existing condition.
12. Miscellaneous Provisions.
a. Entire Agreement. This Agreement and the exhibits attached hereto embody the
entire understanding between the parties and supersede all prior understandings and agreements
related to the subject matter. This License cannot be amended, altered or modified, and no
provisions can be waived, except by a written instrument executed by the party affected.
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b. .No Waiver. No waiver of any breach or any agreement, covenant or restriction
contained herein shall be construed to be a waiver of any other or future breach of the same or
other covenants or restrictions.
c. Notice Addresses. All notices shall be sent by registered or certified mail
addressed as follows:
HRA:
Licensees:
Executive Director
Housing and Redevelopment Authority of Edina, Minnesota
4801 West 50th Street
Edina, MN 55424
Jan and Mitchell Monson
3945 49th Street West
Edina, MN, 55424
Either party may, by such notice, designate a new or other address to which notice may be mailed.
c. Heading and Captions. The headings and captions of the paragraphs and
subparagraphs of this Agreement are inserted for convenience and reference only and shall not
constitute a part of this Agreement or a limitation on the scope of any paragraph or subparagraph.
d. Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement is held to be invalid, illegal or unenforceable under any applicable law or rule
in any jurisdiction, such provision will be ineffective only to the extent of such invalidity, illegality
or unenforceability in such jurisdiction without invalidating the remainder of this Agreement in
such jurisdiction or any provision hereof in any other jurisdiction.
e. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
document.
f. Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date
first written above.
[Remainder of Page Intentionally Left Blank.]
[Signature Pages Follow.]
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Attested By: d, A74
S coea' - cutiv- 'sirect
HRA:
HOUSING AND
EDINA,
B
ail )
,1 I /1 L
T— INSFAMIlvA.____
ames B. ovland, Its Chair
EVELOPMENT AUTHORITY OF
A
And: r 00 17 5tAr
Robert J. Stew 'rt, Secretary
STA 1E, OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this t day of October, 2018, by James
B. Hovland, Robert J. Stewart, and Scott Neal, the Chair, respectively the Secretary and Executive Director
of the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a public body
corporate and politic of the State of Minnesota, on its behal
)
SHARON M. ALLISON
Notary Public-Minnesota
My Commission Expires Jan 31, 2020
VVVVVVVVVVVVVVVYWW,0wWwwwv
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LICENSEE:
LIttev-- 'AV%--
Jan Y. Monson
STATE OF MINNESOTA )
, )ss.
COUNTY OF 01,04110 it)
7 'It! The foregoing instrument was acknowledged before me this day of October, 2018, by Jan
Y. Monson, spouse of Mitchell J. Monson.
KATHLEEN BURG BEGLEY
NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2020
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PU it" IC
LICENSEE:
,te 14, •-- /#9/41
Mitchel J. Monson,
STA11, OF eta) fororti,\ )
)ss.
COUNTY OF tot 6TA.0 tle s.)
The foregoing instrument was acknowledged before me this day of October, 2018, by
Mitchell J. Monson, spouse of Jan Y. Monson.
LILIAN PUDJOWIBOWO
COMM. # 2177407 a
NOTARY PUBLIC • CALIFORNIA ig))
LOS ANGELES COUNTY '
Comm. Exp, JAN. 23, 2021
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
199404v4
7
EXHIBIT A
Legal Description of HRA Property (3930 to 3944 Market Street):
Lot 1, Block 1, Edina Market Street, according to the recorded plat thereof, Hennepin County,
Minnesota.
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EXHIBIT B
Legal Description of Licensee Property (3945 49th Street West):
That part of Lot 1, Block 1, V.H Adams Addition, Hennepin County, according to the recorded plat thereof,
lying East of the West 8 feet of Lot 1.
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EXHIBIT C
Description of License Area:
That part of Lot 1, Block 1, EDINA MARKET STREET, according to the recorded plat thereof, Hennepin
County, Minnesota, described as beginning at the southeast corner of Lot 1, V.H. ADAMS ADDITION,
according to the recorded plat thereof, Hennepin County, Minnesota, thence westerly along the south line
of said Lot 1 a distance of 43.82 feet; thence southerly at a right angle to the last described line 20.77 feet;
thence easterly at a right angle to the last described line 16.32 feet; thence northerly at a right angle to the
last described line 16.56 feet; thence easterly at a right angle to the last described line 27.50 feet; thence
northerly at a right angle to the last described line 4.21 feet to the point of beginning.
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t v n A ns r% r-LiUfl 54 A r A A C,
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SE CORNER LOT I, V,11. ADAMS ADDI1IDN
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-s.., License to Use Area
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SOUTH. LINE OF
-LOT I, V.H. ADAMS ADDITION
An easement over, and across that port of Lot 1, Block 1, EDINA MARKET STREET, according
to the recorded plot thereof, Hennepin County, Minnesota, described as beginning ot the
southeast corner of Lot 1, VH.. ADAMS ADDITION, according to the recorded plot thereof,
Hennepin County, Minnesota, thence westerly along the south line of said Lot 1 a distance el
4182 feetl' thence southerly at a right angle to the lost described line 2077, feet; thence
easterly at o right angle to the last described line 16.32 feet; thence northerly at a right
angle to the East described line 16.56 feet; thence easterly at d right angle to the last
described line 27,50 feet; thence- northerly at a right angle to the last described line 4,21
feet to the point of beginning.
I hereby certify that this sketch,. pion, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
Dated this 5th doy of October, 20i f3
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EXHIBIT D
Depiction of License Area:
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EXHIBIT C
MITIGATION LETTER
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October 5, 2018
Jan and Mitchell Monson
3945 West 49th Street
Edina, Minnesota 55424
RE: City of Edina Project No. PW18-001 (North Ramp Expansion)
Construction Mitigation for 3945 W. 49th Street - Amended
Dear Mr. and Mrs. Monson,
As you know, the City is expanding the North Parking Ramp located at 3930 to 3944 Market Street (formerly 49-1/2
Street). Portions of this project are immediately south of your property. This project is funded by the Edina Housing and
Redevelopment Authority (HRA) and referred to as Project PW 18-001.
The project includes the addition of a new fourth level of public parking on top of the existing building. Comparable four-
level additions on the east and west ends of the parking garage will also be constructed. The new additions will include
new retail space on the street level. The construction will be substantially completed in September 2018.
Due to the unique conditions that exist along the shared property line with your property at 3945 West 49th Street, the
Edina HRA extends the following mitigation strategies. This letter supersedes and replaces the letters dated April 4, 2018
and June 14, 2018.
I) TREES ALONG THE PROPERTY LINE — Although previous effort has been made to preserve the four
mature trees along the shared property line, the new strategy is to remove and replace these trees.
a. City will remove the four existing trees located along the fence on your property. This includes
removal/grinding of stumps and debris from the property. City will restore the impacted area with
clean fill, as needed to level your back yard to existing conditions. Re-seeding will be the
responsibility of the landscaper who installs the new plantings (see If below). Completed.
b. City will attempt to remove the trees by going over City property. If this is no longer possible (due
to utility lines or the in-progress construction of the parking garage), the trees will be removed by
going through your front yard. City will restore portions of your front and side yard disturbed by
removal of the trees with clean fill and seed. Pending
c. The existing fence along the shared property line will be removed as part of the tree removal effort.
Completed.
d. The tree and fence removal will occur between June and July 2018. Completed.
e. The City or the contractor will alert you in advance when this work is scheduled. Completed.
CITY OF EDINA
4801 West 50th Street • Edina, Minnesota 55424
PW18-001 Construction Mitigation — 3945 Monson
Amended October 5, 2018
Page 2
f. City will reimburse you for ten new upright shrubs or four new trees or a combination thereof to be
installed on your property along the shared fence, in an amount not to exceed approximately $7,000.
This amount will also include mulching, grass restoration and related work to create a healthy
growing environment. Half of this amount will be provided upon execution of this agreement with
the remainder provided upon completion of the work and presentation of paid invoice. This
reimbursement also includes restoration of the grass and other impacted portions of the yard. You
can use a contractor of your choice to install exactly the items and the schedule that you prefer.
Installation should be completed in calendar year 2018 or 2019. Fifty percent paid to date.
2) TEMPORARY CONSTRUCTION FENCE — A temporary fence will be installed to maintain an effective
enclosure for your dog during the work.
a. City will install a temporary construction fence (4 to 6 feet tall) prior to or in conjunction with tree
removal. Completed.
b. The fence will extend from the west to the east boundaries of your property. The fence will be
installed approximately 15 feet north of the existing wood fence to allow adequate room for tree
removal and earthwork to occur. Completed.
c. The temporary fence will include mesh or screening to increase privacy and to collect large debris
generated by the construction work. Completed.
d. This fence will be removed after installation of the new permanent fence. Pending.
3) NEW RETAINING WALL AND NEW FENCE
a. As part of the parking garage project, City has installed a new retaining wall along the shared
property line. This wall has been increased in height to better match up nearly exactly with the
current elevation of your back yard. A drain tile system has been installed on the bottom of the
retaining wall to collect rain water that collects behind the wall. This drain system directs rainwater
into the storm sewer located on the City property. While the foundation and lower courses of this
wall are on City property, the upper courses extend about 5-1/2 inches into your back yard.
Completed.
b. City will install a new cedar fence approximately parallel with the new retaining wall. This fence will
be L-shaped and return to the face of the existing parking garage near the grassy area. This fence will
be located as close to the new retaining wall as possible, on your property. It will be in approximately
the same location as your existing fence. Pending.
c. City will infill the resulting gap between the new fence and the existing fence along the west side
of your property with a 5-6 foot tall wooden fence that matches the design and height of the
existing fence. The surveyor indicated that the existing fence is not on the actual lot line but
approximately 6 feet on Katter's property. The new north/south infill fence will be located on the
Katter side of the Katter/Monson property line and turn east/west to match up to the existing
fence. Pending.
PW18-001 Construction Mitigation — 3945 Monson
Amended October 5, 2018
Page 3
d. New fence along shared property line to be 8 feet tall (nominal) cedar of similar style as your existing
fence. It will be sealed on both sides to prevent weathering. Decorative caps (similar to those on the
existing fence) will be installed on the posts. The fence segments will be stepped to accommodate
elevation changes (not sloped). Adequate ground clearance (approx. 2.5 inches) will be provided to
prevent premature deterioration. Pending.
e. Workers may need to work along the southern edge of your property to install and finish this new
fence. Pending.
f. The City will maintain, replace or repair the fence as reasonably necessary. If the new fence requires
maintenance or repair or replacement in the future please contact the City of Edina's Facility
Manager for corrective action. Pending.
g. The City will provide reimbursement for replacement of the existing fence along the east property
line in an amount up to approximately $7,000. Half of this amount will be provided upon the
execution of this agreement with the remainder provided upon completion of the work and
presentation of paid invoice. This fence is anticipated to extend from the southern property line to
your garage. You can use a contractor of your choice to install exactly the style and the schedule that
you prefer. Installation should be completed in calendar year 2018 or 2019. Fifty percent paid to
date.
h. The as-built retaining wall does not leave any exposed soil for rain water. Any water collected on
the retaining wall will drain to the gravel behind the concrete block. A drain tile system has been
installed with rain water being collected and directed to the storm drain located on City/HRA
property. No regrading will be done in the area of your lawn. Completed.
4) EXISTING SHRUBS ON CITY PROPERTY — The City will remove the dead arbor vitae shrubs on City
property near the south eastern corner of your property. This includes removal of the root ball and
removal from the site. Completed.
a. The grassy area with shrubs on City property on the north side of the existing parking garage will
remain in substantially the same condition as currently exists and will not be re-graded as part of this
PW-001 project.
b. The City will maintain the remaining shrubs. Please contact the City of Edina Facilities Manager if the
remaining shrubs need attention in the future.
5) TEMPORARY EASEMENTS — Temporary easements are necessary (i) in limited portions of your back
yard to construct the City's project, primarily a new retaining wall; (ii) in limited portions of your back
yard to remove existing trees and install a new fence to screen your back yard from the parking garage
and (iii) to allow a construction crane located on the City property to swing over the rear portion of
your property. Temporary easement to be terminated and released upon full execution of the
permanent easement.
a. Due to the proximity of your home to the construction activity, City will provide compensation for
these temporary easements at the rate of $1,000 per month, in partial payments of $250 per week.
Scott Neal
City Manager and HRA Executive Director
PW18-001 Construction Mitigation — 3945 Morison
Amended October 5, 2018
Page 4
The compensation period will begin on March 21, 2018 and extend until the later of completion of
the construction of the fence (excluding staining of the fence which may occur in the Spring of 2019
due to weather) or full execution of the permanent easement. Reimbursements have been made
through September 2 I , 2018.
b. Presuming that all documents are executed by October 8, 2018, the fence work is anticipated to be
completed as soon as practical. The crane has already been removed.
6) LEGAL FEES — The City will provide reimbursement for reasonable legal fees incurred relative to this
easement. These fees are estimated to be approximately $7,500. Please submit a copy of the invoice(s)
for reimbursement.
7) PARKING RAMP ON HRA PROPERTY. The City will power wash the exterior wall panel on the third
level of the parking ramp. On the second level of the parking ramp, the City will install mesh/chain link
(with grid size of approx. 2 inch by 2 inch) on the 2-3 foot tall opening between the exterior wall and the
floor above.
8) FUTURE CONCERNS — As the City strives to be good neighbors, please feel free to reach out to City
Staff in the future if noise levels in the parking garage are excessive or if you notice elements of City
property that need repair or attention. Please direct any future concerns to the City of Edina Facilities
Manager.
The compensation and action outlined in this letter will be effective upon receipt of a fully executed Settlement
Agreement, Permanent Easement Agreement and License Agreement.
Thank you for your patience as the City makes another major investment in the neighborhood.
c. Brian Olson, Public Works Director
Bill Neuendorf, Economic Development Manager