HomeMy WebLinkAboutResolution No. 2012-047A Approving amendment to Easement Jerry's Ramps CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
o " o) RESOLUTION NO. 2012-
City of FA11 8
RESOLUTION APPROVING AMENDMENT TO EASEMENT
WHEREAS, a parking ramp ("Parking Ramp") is located on property owned by the
City,which property is legally described in the attached Exhibit"A" (the "City Property");
WHEREAS,Jerry's is the owner of certain real property legally described on Exhibit B
("Jerry's Property") upon which is constructed a multi-story office and commercial building
("Building");
WHEREAS, the City, the HRA and Jerry's entered into that certain Easement and
Parking Ramp Agreement dated as of February 1, 1987, recorded in the office of the Hennepin
County Recorder on March 19, 1987, as Document Number 5242349 and in the office of the
Hennepin County Registrar of Titles on January 29, 1988, as Document Number 1905238
("Original Easement"), as amended by (a) that certain First Amendment to Easement and
Parking Ramp Agreement dated as of May 28, 1987, recorded in the office of the Hennepin
County Recorder on April 26, 1988, as Document Number 5400795 and in the office of the
Hennepin County Registrar of Titles on April 22, 1988, as Document Number 1922982 ("First
Amendment") and (b)that certain Second Amendment to Easement and Parking Ramp
Agreement dated as of July 7, 2011, recorded in the office of the Hennepin County Recorder on
July 11, 2011, as Document Number A9671595 and in the office of the Hennepin County
Registrar of Titles on July 11, 2011, as Document Number T4869991 ("Second Amendment")
(all collectively referred to herein as the "Easement");
WHEREAS, the Easement provided Jerry's with the right to construct pedestrian bridges
connecting the Building to the Parking Ramp ("Pedestrian Bridges");
WHEREAS, an exhibit to the Easement did not include an additional pedestrian bridge
constructed with the Parking Ramp ("Southerly Pedestrian Bridge");
WHEREAS,Jerry's desires to widen the Southerly Pedestrian Bridge and is requesting a
correction to the Easement to provide an easement for the Southerly Pedestrian Bridge and an
amendment to provide for the additional area required for the widening of the Southerly
Pedestrian Bridge as proposed in the Third Amendment to Easement and Parking Ramp
Agreement attached hereto as Exhibit C ("Third Amendment").
City Hall 952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA,MINNESOTA,55424-1394 www.Cityoftdina.com TTY 952-826-0379
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edina:
1. The Third Amendment is approved.
2. The Mayor and City Clerk are hereby authorized and directed to execute the Third
Amendment.
PASSED AND ADOPTED this day of �V a rG k , 2012 by the
City Council of the City of Edina, Minnesota.
CITY OF ED A
James B. Hovl , ayor
ATTEST:
(� 4t& 6 jnlmw-�"t�
ebra A. Mangen, Ci y Cl Wk
2
EXHIBIT A
Legal Description of City Property
Tracts A and C, Registered Land Survey No. 1393, Files of the Registrar of Titles, Hennepin
County, Minnesota.
Lots 7, 8, 9 and 10, Block 3, Grand View Heights, according to the recorded plat thereof,
Hennepin County, Minnesota.
3
EXHIBIT B
Le#tal Description of Jerry's Propertv
Lots 19, 20, 21 and 22, Block 3, Grand View Heights, according to the plat thereof on file or of
record with the County Recorder, Hennepin County, Minnesota.
Lots 11, 12, 13, 14, 15, 16, 17 and 18, Block 3, and Lots 17, 18, 19 and 20, Block 4, Grand View
Heights, according to the plat thereof on file or of record with the County Recorder, Hennepin
County, Minnesota, except that portion thereof taken for highway purposes.
That part of Lots 13 to 15 inclusive, Block 4, Grand View Heights, and that part of the adjacent
portion of West Half of vacated Summit Avenue adjoining Lots 13 to 15 inclusive, lying
between the Easterly extensions across said Avenue of the North line of said Lot 13 and the
South line of said Lot 15, all of which lies Easterly of a line parallel with and 90 feet Easterly of
the center line of State Highway No. 5, according to the plat thereof on file or of record in the
office of the Register of Deeds in and for said County.
That part of Lot 16 lying East of a line drawn from a point on the South line thereof distant 28
feet East of the Southwest corner of said Lot 16 to a point on the North line of said lot distant 47
feet East of the Northwest corner thereof, Block 4, "Grand View Heights" and that part of the
West Half of the adjoining vacated Summit Avenue lying between the extensions across it of the
North and South lines of said Lot 16, according to the plat thereof on file or of record in the
office of the Register of Deeds in and for said County.
4
Exhibit C
THIRD AMENDMENT TO
EASEMENT AND PARKING RAMP AGREEMENT
THIS THIRD AMENDMENT TO EASEMENT AND PARKING RAMP
AGREEMENT (this "Third Amendment") is made as of March , 2012, by and among
the CITY OF EDINA, a Minnesota municipal corporation ("City"), the HOUSING AND
REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and
corporate under the laws of the State of Minnesota ("HRA"), and JERRY'S
ENTERPRISES, INC., a Minnesota corporation ("Jerry's").
RECITALS
WHEREAS, the City, the HRA and Jerry's entered into that certain Easement
and Parking Ramp Agreement dated as of February 1, 1987, recorded in the office of
the Hennepin County Recorder on March 19, 1987, as Document Number 5242349 and
in the office of the Hennepin County Registrar of Titles on January 29, 1988, as
Document Number 1905238 ("Original Easement"), as amended by (a) that certain First
Amendment to Easement and Parking Ramp Agreement dated as of May 28, 1987,
recorded in the office of the Hennepin County Recorder on April 26, 1988, as Document
Number 5400795 and in the office of the Hennepin County Registrar of Titles on April
22, 1988, as Document Number 1922982 ("First Amendment") and (b) that certain
Second Amendment to Easement and Parking Ramp Agreement dated as of July 7,
2011, recorded in the office of the Hennepin County Recorder on July 11, 2011, as
Document Number A9671595 and in the office of the Hennepin County Registrar of
Titles on July 11, 2011, as Document Number T4869991 ("Second Amendment").
WHEREAS, the City is the owner of certain real property legally described on
Exhibit A attached to this Third Amendment ("City Property").
WHEREAS, a parking ramp is constructed on the City Property ("Parking
Ramp").
WHEREAS, Jerry's is the owner of certain real property legally described on
Exhibit B attached to this Third Amendment ("Jerry's Property").
WHEREAS, a multi-story office and commercial building is constructed on the
Jerry's Property ("Building").
5
WHEREAS, the Original Easement, the First Amendment and the Second
Amendment are collectively referred to as the "Easement" in this Third Amendment.
Terms not otherwise defined in this Third Amendment shall have the meanings ascribed
in the Easement.
WHEREAS, Section 2(B) of the Original Easement provided Jerry's with the
right to construct pedestrian bridges connecting the Building to the Parking Ramp
("Pedestrian Bridges").
WHEREAS, Exhibit C attached to the Original Easement depicts the location of
the Pedestrian Bridge Easement in the location in which a Pedestrian Bridge was
originally constructed.
WHEREAS, Exhibit C attached to the Original Easement fails to depict an
additional initial Pedestrian Bridge which was constructed in conjunction with the
construction of the Parking Ramp and has been used since that time, which additional
initial Pedestrian Bridge is located southerly of the Pedestrian Bridge Easement shown
on Exhibit C attached to the Original Easement and which southerly Pedestrian Bridge
is depicted by crosshatching on Exhibit C attached to this Third Amendment.
WHEREAS, Jerry's now desires to widen that southerly Pedestrian Bridge, to
encompass the entire area depicted on Exhibit C attached to this Third Amendment as
the southerly Pedestrian Bridge Easement.
WHEREAS, the parties desire to correct the Easement to accurately indicate the
existence of the southerly Pedestrian Bridge Easement and to provide for the widened
area of that southerly Pedestrian Bridge Easement.
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Southerly Pedestrian Bridge. The Easement is hereby corrected to
accurately provide for an expanded southerly Pedestrian Bridge Easement with a
maximum width of 12 feet 4 inches, in the location depicted on Exhibit C (page 1)
attached to this Third Amendment and as depicted on the Exhibit attached hereto as
Exhibit C (page 2).
2. Exhibit C. Exhibit C attached to the Original Easement is hereby stricken
in its entirety and replaced with Exhibit C attached to this Third Amendment.
3. Confirmation. Except as specifically set forth in this Third Amendment,
the Easement is hereby confirmed and ratified.
6
IN AGREEMENT, the parties have executed this Third Amendment to Easement
and Parking Ramp Agreement as of the date and year first above written.
:CITY OF A D REDEVELOPMENT
UTHORIT F INA, MINNESOTA
1
i
i
Its Mayor Its Chairman
And by And by
Mana e Its Secretary
JERRY'S ENTERPRISES, INC.
By
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Third Amendment to Easement and Parking Ramp Agreement
was acknowledged before me this +' day of March, 2012, by James Hovland, the
Mayor, and by Scott Neal, the City Manager, of the City of Edina, a Minnesota municipal
corporation, on behalf of the municipal corporation.
k'vl" r�
Notary Pub is
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Third Amendment to Easement and Parking Ramp Agreement
was acknowledged before me thisl.tt'VN day of March, 2012, by James Hovland, the
Chairman, and by Ann Swenson, the Secretary, of the Housing and Redevelopment
Authority of Edina, Minnesota, a Minnesota body politic and corporation, on behalf of
the Authority.
7
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Third Amendment to Easement and Parking Ramp Agreement
was acknowledged before me this day of March, 2012, by Robert N. Shadduck,
the President of Jerry's Enterprises, Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LINDQUIST & VENNUM P.L.L.P. (DKP)
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55403
(612) 371-3528
8
CONSENT BY MORTGAGEE
Allstate Life Insurance Company, an Illinois insurance corporation, as the
Mortgagee of a portion of the Jerry's Property, as described in the foregoing Third
Amendment to Easement and Parking Ramp Agreement, pursuant to that certain
Mortgage dated May 16, 1995 and recorded May 17, 1995 in the office of the Hennepin
County Recorder, as Document No. 6428384 and in the office of the Hennepin County
Registrar of Titles, as Document No. 2608876 hereby consents to the terms and
conditions of the foregoing Third Amendment to Easement and Parking Ramp
Agreement.
ALLSTATE LIFE INSURANCE COMPANY
By
Its
And
Its
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
The foregoing Consent by Mortgagee was acknowledged before me this
day of March, 2012, by and
, each an Authorized Signatory of Allstate Life
Insurance Company, an Illinois insurance corporation, on behalf of the insurance
corporation.
Notary Public
9
EXHIBIT A
Legal Description of City Property
Tracts A and C, Registered Land Survey No. 1393, Files of the Registrar of Titles,
Hennepin County, Minnesota.
Lots 7, 8, 9 and 10, Block 3, Grand View Heights, according to the recorded plat
thereof, Hennepin County, Minnesota.
10
EXHIBIT B
Legal Description of Jerry's Property
Lots 19, 20, 21 and 22, Block 3, Grand View Heights, according to the plat thereof on
file or of record with the County Recorder, Hennepin County, Minnesota.
Lots 11, 12, 13, 14, 15, 16, 17 and 18, Block 3, and Lots 17, 18, 19 and 20, Block 4,
Grand View Heights, according to the plat thereof on file or of record with the County
Recorder, Hennepin County, Minnesota, except that portion thereof taken for highway
purposes.
That part of Lots 13 to 15 inclusive, Block 4, Grand View Heights, and that part of the
adjacent portion of West Half of vacated Summit Avenue adjoining Lots 13 to 15
inclusive, lying between the Easterly extensions across said Avenue of the North line of
said Lot 13 and the South line of said Lot 15, all of which lies Easterly of a line parallel
with and 90 feet Easterly of the center line of State Highway No. 5, according to the plat
thereof on file or of record in the office of the Register of Deeds in and for said County.
That part of Lot 16 lying East of a line drawn from a point on the South line thereof
distant 28 feet East of the Southwest corner of said Lot 16 to a point on the North line of
said lot distant 47 feet East of the Northwest corner thereof, Block 4, "Grand View
Heights" and that part of the West Half of the adjoining vacated Summit Avenue lying
between the extensions across it of the North and South lines of said Lot 16, according
to the plat thereof on file or of record in the office of the Register of Deeds in and for
said County.
11
EXHIBIT C — page 1
Depiction of Pedestrian Bridges
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fill,
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ro.
x � t
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. ...
12
EXHIBIT C — page 2
Depiction of Southerly 12 Foot 4 Inch (12'4") Wide Pedestrian Bridge
7'-4" 5'-0"
THIRD AMENDMENT TO
EASEMENT AND PARKING RAMP AGREEMENT
THIS THIRD AMENDMENT TO EASEMENT AND PARKING RAMP
AGREEMENT (this "Third Amendment") is made as of March , 2012, by and among
the CITY OF EDINA, a Minnesota municipal corporation ("City"), the HOUSING AND
REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and
corporate under the laws of the State of Minnesota ("HRA"), and JERRY'S
ENTERPRISES, INC., a Minnesota corporation ("Jerry's").
RECITALS
WHEREAS, the City, the HRA and Jerry's entered into that certain Easement
and Parking Ramp Agreement dated as of February 1, 1987, recorded in the office of
the Hennepin County Recorder on March 19, 1987, as Document Number 5242349 and
in the office of the Hennepin County Registrar of Titles on January 29, 1988, as
Document Number 1905238 ("Original Easement"), as amended by (a) that certain First
Amendment to Easement and Parking Ramp Agreement dated as of May 28, 1987,
recorded in the office of the Hennepin County Recorder on April 26, 1988, as Document
Number 5400795 and in the office of the Hennepin County Registrar of Titles on April
22, 1988, as Document Number 1922982 ("First Amendment") and (b) that certain
Second Amendment to Easement and Parking Ramp Agreement dated as of July 7,
2011, recorded in the office of the Hennepin County Recorder on July 11, 2011, as
Document Number A9671595 and in the office of the Hennepin County Registrar of
Titles on July 11, 2011, as Document Number T4869991 ("Second Amendment").
WHEREAS, the City is the owner of certain real property legally described on
Exhibit A attached to this Third Amendment ("City Property").
WHEREAS, a parking ramp is constructed on the City Property ("Parking
Ramp").
WHEREAS, Jerry's is the owner of certain real property legally described on
Exhibit B attached to this Third Amendment ("Jerry's Property").
WHEREAS, a multi-story office and commercial building is constructed on the
Jerry's Property ("Building").
DOCS-#3598913-v7
WHEREAS, the Original Easement, the First Amendment and the Second
Amendment are collectively referred to as the "Easement" in this Third Amendment.
Terms not otherwise defined in this Third Amendment shall have the meanings ascribed
in the Easement.
WHEREAS, Section 2(B) of the Original Easement provided Jerry's with the
right to construct pedestrian bridges connecting the Building to the Parking Ramp
("Pedestrian Bridges").
WHEREAS, Exhibit C attached to the Original Easement depicts the location of
the Pedestrian Bridge Easement in the location in which a Pedestrian Bridge was
originally constructed.
WHEREAS, Exhibit C attached to the Original Easement fails to depict an
additional initial Pedestrian Bridge which was constructed in conjunction with the
construction of the Parking Ramp and has been used since that time, which additional
initial Pedestrian Bridge is located southerly of the Pedestrian Bridge Easement shown
on Exhibit C attached to the Original Easement and which southerly Pedestrian Bridge
is depicted by crosshatching on Exhibit C attached to this Third Amendment.
WHEREAS, Jerry's now desires to widen that southerly Pedestrian Bridge, to
encompass the entire area depicted on Exhibit C attached to this Third Amendment as
the southerly Pedestrian Bridge Easement.
WHEREAS, the parties desire to correct the Easement to accurately indicate the
existence of the southerly Pedestrian Bridge Easement and to provide for the widened
area of that southerly Pedestrian Bridge Easement.
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Southerly Pedestrian Bridge. The Easement is hereby corrected to
accurately provide for an expanded southerly Pedestrian Bridge Easement with a
maximum width of 12 feet 4 inches, in the location depicted on Exhibit C (page 1)
attached to this Third Amendment and as depicted on the Exhibit attached hereto as
Exhibit C (page 2).
2. Exhibit C. Exhibit C attached to the Original Easement is hereby stricken
in its entirety and replaced with Exhibit C attached to this Third Amendment.
3. Confirmation. Except as specifically set forth in this Third Amendment,
the Easement is hereby confirmed and ratified.
DOCS-43598913-0 2
IN AGREEMENT, the parties have executed this Third Amendment to Easement
and Parking Ramp Agreement as of the date and year first above written.
CITY OF EDINA HOUSING AND REDEVELOPMENT
AUTHORITY OF EDINA, MINNESOTA
By By
Its Mayor Its Chairman
And by And by
Its City Manager Its Secretary
JERRY'S ENTERPRISES, INC.
By
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Third Amendment to Easement and Parking Ramp Agreement
was acknowledged before me this day of March, 2012, by James Hoveland, the
Mayor, and by Scott Neal, the City Manager, of the City of Edina, a Minnesota municipal
corporation, on behalf of the municipal corporation.
Notary Public
DOGS-#3598913-v7 3
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Third Amendment to Easement and Parking Ramp Agreement
was acknowledged before me this day of March, 2012, by James Hoveland, the
Chairman, and by Ann Swenson, the Secretary, of the Housing and Redevelopment
Authority of Edina, Minnesota, a Minnesota body politic and corporation, on behalf of
the Authority.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Third Amendment to Easement and Parking Ramp Agreement
was acknowledged before me this day of March, 2012, by Robert N. Shadduck,
the President of Jerry's Enterprises, Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LINDQUIST & VENNUM P.L.L.P. (DKP)
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55403
(612) 371-3528
DOCS-#3598913-v7 4
CONSENT BY MORTGAGEE
Allstate Life Insurance Company, an Illinois insurance corporation, as the
Mortgagee of a portion of the Jerry's Property, as described in the foregoing Third
Amendment to Easement and Parking Ramp Agreement, pursuant to that certain
Mortgage dated May 16, 1995 and recorded May 17, 1995 in the office of the Hennepin
County Recorder, as Document No. 6428384 and in the office of the Hennepin County
Registrar of Titles, as Document No. 2608876 hereby consents to the terms and
conditions of the foregoing Third Amendment to Easement and Parking Ramp
Agreement.
ALLSTATE LIFE INSURANCE COMPANY
By
Its
And
Its
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
The foregoing Consent by Mortgagee was acknowledged before me this
day of March, 2012, by and
, each an Authorized Signatory of Allstate Life
Insurance Company, an Illinois insurance corporation, on behalf of the insurance
corporation.
Notary Public
DOGS43598913-0 5
EXHIBIT A
Legal Description of City Property
Tracts A and C, Registered Land Survey No. 1393, Files of the Registrar of Titles,
Hennepin County, Minnesota.
Lots 7, 8, 9 and 10, Block 3, Grand View Heights, according to the recorded plat
thereof, Hennepin County, Minnesota.
DOCS43598913-0 6
EXHIBIT B
Legal Description of Jerry's Property
Lots 19, 20, 21 and 22, Block 3, Grand View Heights, according to the plat thereof on
file or of record with the County Recorder, Hennepin County, Minnesota.
Lots 11, 12, 13, 14, 15, 16, 17 and 18, Block 3, and Lots 17, 18, 19 and 20, Block 4,
Grand View Heights, according to the plat thereof on file or of record with the County
Recorder, Hennepin County, Minnesota, except that portion thereof taken for highway
purposes.
That part of Lots 13 to 15 inclusive, Block 4, Grand View Heights, and that part of the
adjacent portion of West Half of vacated Summit Avenue adjoining Lots 13 to 15
inclusive, lying between the Easterly extensions across said Avenue of the North line of
said Lot 13 and the South line of said Lot 15, all of which lies Easterly of a line parallel
with and 90 feet Easterly of the center line of State Highway No. 5, according to the plat
thereof on file or of record in the office of the Register of Deeds in and for said County.
That part of Lot 16 lying East of a line drawn from a point on the South line thereof
distant 28 feet East of the Southwest corner of said Lot 16 to a point on the North line of
said lot distant 47 feet East of the Northwest corner thereof, Block 4, "Grand View
Heights" and that part of the West Half of the adjoining vacated Summit Avenue lying
between the extensions across it of the North and South lines of said Lot 16, according
to the plat thereof on file or of record in the office of the Register of Deeds in and for
said County.
ROCS43598913-0 7
EXHIBIT C - page 1
Depiction of Pedestrian Bridges
LW -�:
x ,
1' � ,. • • ..y
� - L'�
y
DOCS-43598913-v7 8
EXHIBIT C — page 2
Depiction of Southerly 12 Foot 4 Inch (12'4") Wide Pedestrian Bridge
T-4" 5'-0"
DOCS-#3598913-v7 9