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HomeMy WebLinkAbout3020Transfer Entered Jun 13, 2019 12:23 PM I I ie Hennepin County, Minnesota Doc No T05620 64 Mark Chapin Certified, filed and/or recorded on County Auditor and Treasurer Jun 13, 2019 12:23 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1832089E Document Recording Fee $46.00 Document Total $46.00 PID(s) 31-028-24-33-0028 Existing Certs 1474188 This cover sheet is now a permanent part of the recorded document. AGREEMENT FOR ENCROACHMENT ON PUBLIC SIDEWALK This Encroachment Agreement (the "Agreement") is made this day of -tun , 2019, by and between the CITY OF EDINA, a Minnesota municipal corporation ("City"), and PENTAGON VILLAGE, LLC, a Minnesota limited liability company ("Developer"). RECITALS A. Developer is the fee owner of certain real property located in the City of Edina, Minnesota legally described on Exhibit A ("Subject Property"); and B. The Developer seeks the permission of the City to color and stamp the public sidewalk abutting or on the Subject Property at the location legally described on the attached Exhibit B. NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. City hereby grants Developer, and its sudcessors and assigns, the right to encroach over the public sidewalk described in the attached Exhibit B to install and maintain color and stampings, subject to the following terms and conditions: A. Developer may install color and stampings in the sidewalk described in Exhibit B, at its sole cost. B. The color and stampings shall be installed in accordance with City approved plans and specifications and, once installed, shall not obstruct or interfere with the public's use of the sidewalk. C. Developer shall be responsible for the cost of maintaining, repairing, restoring, and reinstalling the color and stampings on the sidewalk. D. City reserves the right under this Agreement, or under any applicable laws, to abate or remove any hazardous conditions which may occur with respect to the color and stampings in the sidewalk. If the City determines that the health or safety of persons are adversely affected by the color or stampings, Developer shall, upon receipt of written notice of such condition from the City, immediately take the necessary corrective actions to abate or remove the unsafe conditions and shall remove color and stampings if directed to do so by the City. In the event that Developer shall fail to correct the conditions as directed by the City, the City may remove the color and stampings. The City shall thereafter be entitled to collect the costs incurred 201693v1 in such corrective action, including any attorneys' fees incurred in the enforcement or implementation of these rights. It is agreed that these costs shall be a lien against the Subject Property and that the costs may be collected alternatively by foreclosure of this lien, by assessment of the costs against the Subject Property, by action on this Agreement against the owner of the Subject Property, or by any or all of the above, or by any other method available to the City. E. The City shall not be responsible for any damage to the color or stamped concrete areas caused by the City. 2. The respective rights and obligations of the parties under this Agreement shall run with the Subject Property and shall be binding upon and inure to the benefit of the respective parties, their successors and assigns, and shall continue in force until such time as the color and stampings are removed and this Agreement is terminated. Developer shall provide a certificate of title for the Subject Property and this Agreement shall be recorded against the Subject Property prior to any work by Developer within the Lighting Encroachment Area. 3. Developer shall comply with all federal, state and local laws and regulations in the installation, repair, maintenance, operation, removal of the color and stampings. 4. This Agreement shall be governed by the laws of the State of Minnesota. 5. The failure by any party to enforce against another party any term of this Agreement shall not be deemed a waiver of such party's right to enforce against the other party the same or any other term in the future. 6. Developer agrees to hold harmless, defend, and indemnify the City and the City's officers, employees, agents, contractors and assigns, from and against any and all claims, liabilities, losses, damages, cost, and expenses (including attorneys' fees) for property damage or personal injury or death arising from or relating the color and stampings, its construction, repair, maintenance, use or removal, unless caused by the gross negligence or willful misconduct of the City. 7. Notices required to be given under this Agreement shall be hand delivered or mailed to the respective parties at the following addresses, or to such other address as a party may direct by notice similarly given: If to the City: City of Edina 4801 West 501" Street Edina, MN 55424 2 201693v1 CITY 0 NA BY: tbanos..,..lictu AND Scott Neal, City anager If to Developer: Pentagon Village, LLC 8560 Kelzer Drive Victoria, MN 55386 8. This Agreement may be terminated by either party to this Agreement upon sixty (60) days advance written notice to the other party. Upon termination of this Agreement, the Developer shall remove the color and stampings and restore the sidewalk prior to the termination date. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year fist above written. STATE OF MINNESOTA (ss. COUNTY,OF HENNEPIN The foregoing instrument was acknowledged before me this , day of CAA , 2019, by James B. Hovland and Scott 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 Counc. NOTARY PUBLIC SHNA 0tRarvORNubt .44 ALLel My Commission Evicts Jan 31, ?DIC ) ON2 0 3 201693v1 PENTAG VI L • , LLC BY: x< rt" ELIZABETH A MOE NOTARY PUBLIC MINNESOTA My Commission Expo Jan. 31,2020 If 411, .11• Its Occ Pi LA' STATE OF MINNESOTA (ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this ? day of , 2019, by St_b14 1-4."\Lt.noct , the \l‘ct- Chrefocku* of Pentagon Village, lTE, a Minnesota limited liability company, on behalf of the limited liability company. NOTARY PUBLI DRAFTED BY: CAMPBELL, KNUTSON, P.A. 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 [RNK] 201693v1 4 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Lot 1, Block 1 Pentagon Village, Hennepin County Minnesota 5 201693v1 LOCATION OF PUBLIC SIDEWALK IIIIIHXa N C.9.-5/83°:(1%.7.5"w PCP,' .Q.".74 CS 542'55 .W -E II 40 :;46c:2>i'N G=5':2,45' P- '7150 - = 5 0 76 65 53.2°C-70T /' .55 - .58E' SHEET 2 OF 2 SUMS FOR DESCRBMON \\714 rirr "051et);;;c/ cora°. a: Lc: 5. am...tarry ra ear: ar 3:araw r, Cr.; 4:7Ga: Car4Cra Westwood IMPPIPPILPIIMata—t- lasoln.••••1 Ar 5/7r2029 ac I c v 2 Pairea fite Pentagon Village, LLC Ws DA, VIM* LW SI Pentagon Village mrd IC+ Stamped Concrete Sidewalk Exhibit Nee 0 o. 0 euro Non Pro or STldn=cr: CON:PETS 5/DENAL.K DESCR:P7:0Ai •, et the rigni at way of //tit 5:Vee: rVesi ca efrtewn on the aial of f),LN7A (,,AGL utisere'S.9 to ci County, .Caneetata aescrtbed as /0110YeS: C(...rrinecCing a; the nOrtheasi comer of t at 5. 9/oak i, said PENTAGON wit ACC: Thence North 4,5 degrees .5.5 crerutee 5h seconds Fast, assarr*h; the rho c0 !cal/ line of sa;c' tat 5 has a hearthg at North, a °Yvonne at 250.05 tact to the ."orthec.srcnly inn at Lot scia. : and tato coin; of thence nortneosfehy Mang a nor-tanger.?Iat curve concave tit tete northwest, baring c centre;angte or /5 degrees 20 rah:nes 02 seconds. e raaies of 7750 feet, for an arc distance of 20.74 feet the shard of sold curve oecrs North 55 degrees 43 rrinutes 28 seconds lost: thence North de decrees /2 eththdes 22 seconds West, not (argent to said curve. otstonce of 7.98 feet; thence southwesterly along o (angertat ce concave to Ire southeast. having a central angte of 73 degrees 55 minutes 06 seconds end c radius of 24.25 feet. for or arc distanCe ol 37.40 feet ury to scid nartheasterly lie& at Lc( thence soutaeasfehy gang a non (angentlat curve concave (c the southwest and atony' said northeasterly line. newag a central angle 26 decrees 72 minutes 49 seconds and a rodes of 771.95 feet, for an arc dtstanae :555 Feet, the chora of sold curve sears Soutn 42 decrees 06 minutes 79 seconds east: thence oath 39 degrees 00 rshutes 00 seconds East. tonge.nt to sold -Sofas and :song sold sorthecsierly tIne o dtetehce at 5,90 feet to the Aon: °es:Inning. rigs S/7/2019 as 2 cm' 2 t liVestwood p_ — Pentagon Village, LLC MO raw Tad aft %dada, WI MIK Pentagon Village Fara 1.21 Stamped Concrete Sidewalk Description AGREEMENT FOR ENCROACHMENT ON PUBLIC SIDEWALK This Encroachment Agreement (the "Agreement") is made this day of , 2019, by and between the CITY OF EDINA, a Minnesota municipal corporation ("City"), and PENTAGON VILLAGE, LLC, a Minnesota limited liability company ("Developer"). RECITALS A. Developer is the fee owner of certain real property located in the City of Edina, Minnesota legally described on Exhibit A ("Subject Property"); and B. The Developer seeks the permission of the City to color and stamp the public sidewalk abutting or on the Subject Property at the location legally described on the attached Exhibit B. NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. City hereby grants Developer, and its successors and assigns, the right to encroach over the public sidewalk described in the attached Exhibit B to install and maintain color and stampings, subject to the following terms and conditions: A. Developer may install color and stampings in the sidewalk described in Exhibit B, at its sole cost. B. The color and stampings shall be installed in accordance with City approved plans and specifications and, once installed, shall not obstruct or interfere with the public's use of the sidewalk. C. Developer shall be responsible for the cost of maintaining, repairing, restoring, and reinstalling the color and stampings on the sidewalk. D. City reserves the right under this Agreement, or under any applicable laws, to abate or remove any hazardous conditions which may occur with respect to the color and stampings in the sidewalk. If the City determines that the health or safety of persons are adversely affected by the color or stampings, Developer shall, upon receipt of written notice of such condition from the City, immediately take the necessary corrective actions to abate or remove the unsafe conditions and shall remove color and stampings if directed to do so by the City. In the event that Developer shall fail to correct the conditions as directed by the City, the City may remove the color and stampings. The City shall thereafter be entitled to collect the costs incurred 201693v1 in such corrective action, including any attorneys' fees incurred in the enforcement or implementation of these rights. It is agreed that these costs shall be a lien against the Subject Property and that the costs may be collected alternatively by foreclosure of this lien, by assessment of the costs against the Subject Property, by action on this Agreement against the owner of the Subject Property, or by any or all of the above, or by any other method available to the City. E. The City shall not be responsible for any damage to the color or stamped concrete areas caused by the City. 2. The respective rights and obligations of the parties under this Agreement shall run with the Subject Property and shall be binding upon and inure to the benefit of the respective parties, their successors and assigns, and shall continue in force until such time as the color and stampings are removed and this Agreement is terminated. Developer shall provide a certificate of title for the Subject Property and this Agreement shall be recorded against the Subject Property prior to any work by Developer within the Lighting Encroachment Area. 3. Developer shall comply with all federal, state and local laws and regulations in the installation, repair, maintenance, operation, removal of the color and stampings. 4. This Agreement shall be governed by the laws of the State of Minnesota. 5. The failure by any party to enforce against another party any term of this Agreement shall not be deemed a waiver of such party's right to enforce against the other party the same or any other term in the future. 6. Developer agrees to hold harmless, defend, and indemnify the City and the City's officers, employees, agents, contractors and assigns, from and against any and all claims, liabilities, losses, damages, cost, and expenses (including attorneys' fees) for property damage or personal injury or death arising from or relating the color and stampings, its construction, repair, maintenance, use or removal, unless caused by the gross negligence or willful misconduct of the City. 7. Notices required to be given under this Agreement shall be hand delivered or mailed to the respective parties at the following addresses, or to such other address as a party may direct by notice similarly given: If to the City: City of Edina 4801 West 50th Street Edina, MN 55424 2 201693v1 CITY 0 E l NA BY: AND Scott Neal, City anager If to Developer: Pentagon Village, LLC 8560 Kelzer Drive Victoria, MN 55386 8. This Agreement may be terminated by either party to this Agreement upon sixty (60) days advance written notice to the other party. Upon termination of this Agreement, the Developer shall remove the color and stampings and restore the sidewalk prior to the termination date. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year fist above written. STATE OF MINNESOTA (ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 44 day of Via , 2019, by James B. Hovland and Scott 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 Counc NOTARY PUBLIC SHARON M. ALLISON Notary Public-Minnesota My Commission Expires Jan 31, 2020 3 201693v1 ) NOTARY PUBLI ELIZABETH A MOE NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 2020 a, PENTAD VI L LLC BY: Its Vice_ 061,1, STATE OF MINNESOTA (ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this cl?, day of tflo.. , 2019, by SCD -C&ALVIOICIT , the ?ccuoatr* of Pentagon Village,'tLC, a Minnesota limited liability company, on behalf of the limited liability company. DRAFTED BY: CAMPBELL, KNUTSON, P.A. 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 [RNK] 201693v I 4 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Lot 1, Block 1 Pentagon Village, Hennepin County Minnesota 5 2016930 01015 IVaa twat{ 1.71.00 7 / / -------,,,N, 09-IA3c' 0'2:5" \ PROPOSED_' A.i?PiiD \ 4=1,,,°::5',56" i OC:c:CrfETE ,:: R'CI-OT- P-24 jj e ii. WAY 0; //Al \\ CS 54277470-i - -H 4 -; ;:46°,272'a \ 6=6Y 745' ,--7..ci \ SEE SMUT 2 OF h°. \ 2 SHEETS FOR R=;67.7 4 .42 -'-- \ DESCRIPTION 4. 15Y 20'07- ,>. S3.7.700•017.{,. 0/ 6 8C-- - •-• .7-- c'tcy :cc C. La: , \ C i ; ncit:ccs: cor,er Lc; P:1vA6-C, ; A07 emery le o ;;;;;:x ‘1"..-rACOV ;1,1,.AGE ma 5/7=9 1 or 2 I Ilinbut 0•••• Nano. hipped fac Pentagon Village, LLC Kla It Peed Deft vita MN SON Pentagon Village Miss MN Stamped Concrete Sidewalk Exhibit Westwood LOCATION OF PUBLIC SIDEWALK ff IIIIIHXa IAUPO rotor. ler STAMPES 0ot,09075 SIDEWALK DESCP:PflOd Trot port at the right cJ way of /39; Street West as shown or: the plat tiriAGC h 4.2 Minnesota treactrioeol as follows: g to trte rector rot. tierinep5i County, Cooconeodog or the ocotoccor corner at tat 5. pock said 51SEITACON WIIA-047; Then to North 43 lectures 33 minutes 55 scrands East assarr.lna thin rOc cascary :the af sa:a Lot 5 has a coating North, dttgrac or 25D08 hact :a the harehoosterly !The c7( Lot 7. ocio Stock 7 and theadn1 Of :5e-215511g, toerce nortneastery along a non-tangertheol curve concave to the northwest, having c central ongte a. 15 degrees 20 rn:rotes se.cands, rcatus of 77 50 feet, 'or an arc distance of 2974 fee:. the chart: of nand curve sears Nortin 60 degrees 45 an72 t'e 2S? Fact; mrerc-, Novo, sc decrees 12 nntriutes 22 seconds West, not tangent ta sad aurve. 2 id; Ce 221 795 feet; thence southwester& along a tanceatia: curve --sive to the southeast. ^cultic a ceotoal argue of 75 decrees r^ n_ 05 seconds aod a radius of 24.-35 feet. tor or arc distance of 5440 feet. to said northeasterly af Lot 7; tfiece seatneasterty along a non-- lancer Fa curve concave to .fh 201: 22 west and -gland said noir:nes-sten> tine. hawing c centre: angle CS degrees r2 minutes 49 erEu.tds crid a radius of 07495 feet, for an arc onsto.nCE 7555 fee: co or.:o saic curve tears Soo..4. degrees 05 o-vootes. 79 seconds East: me oce Sov.?7, 29 degrees CC minutes CO seconds East. tangent to 5212 21,,, /2 22 01 2,'02 9" said no Itne, distance of 5.50 feet to tne porn: of creolaniria. 5/7/20I9 sic 2 CV 2 Xi dab.] Ledi n+. Westwood aill••••1101•0•111011M.sC Onli• Ott IMM/P/M/6 totem Pmpoild Pentagon Village, LLC NO Kris load DS, Vila* lel Slab Pentagon Village Atha AIN Stamped Concrete Sidewalk Description