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HomeMy WebLinkAbout1478384449"7 VILLAGE OF EDINA R 0 A D E A S E M E N T . '. . ., ..I- I . -6 0 THIS INSTRUMENT, made this ✓ day of , 1970,. by and between NATIONAL FOOD STORES, INC., a Michigan corporation, herein- after called National, and the VILLAGE OF EDINA, a municipal corporation organized under the laws of the State of Minnesota, hereinafter called Edina; WITNESSETH, that National does grant to Edina, the perpetual easemeni for a public road for access from Halifax Avenue, Edina, Minnesota, over and across those portions of Lots 42 and 43, Auditor's Subdivision Number 172, Hennepin County, Minnesota, described below, to and from the access opening to level 2W on the West side of the public parking ramp on property east of the land described below. Description of said easement . is as follows: (See plot plan attached hereto That part of Lots 42 and 43, Auditor's Subdivision No. 172, Hennepin County, Minnesota, described as follows: Commencing at a point in the North line of the East 60 feet of the South 189.5 feet of said Lot 43, distant 56.77 feet West of the East line of said Lot 43; thence Southerly in a straight line, 11.78 feet to the actual point of beginning of the tract of land to be described, said straight line if extended Southerly would intersect the South line of said Lot 43 at a point therein distant 53.67 feet West of the Southeast corner thereof; thence Southerly along said straight line, 20.5 feet; thence at a right angle Westerly to the East line of Halifax Avenue as now established; thence North along said East line of Halifax Avenue, 24 feet; thence Easterly to the actual point of beginning. As consideration herefor, the parties mutually agree as follows: (i) That on or before July 1, 1971, said easement-area shall be improved by National at its expense, with a six inch reinforced concrete surface, all pursuant to plans and specifications to be approved by Edina; (ii) that Edina shall pay the costs and expenses for maintaining said easement area and keeping the same in good condition and repair and free from snow, whether such work be done by Edina or National, and if done by National, such costs and expenses shall be paid, without interest, to National by Edina from time to time, but not more often than once every three months, upon receipt by Edina of evidence reasonably satisfactory to it of the amount of such costs and expenses, provided, however, that the obligation of Edina to maintain and repair said easement areA s4 all not include reconstruction or resurfacing, which, if done, shall be done and the cost thereof, assessed in the same manner as other public streets; and - 1 - ` (iii) that in the event National, its successors or assigns, here- after requires said easement area for the construction of buildings thereon, then Edina agrees to surrender and extinguish its easement over said easement area by written release without warranties, upon receipt of and in exchange for, a duly executed and recordable alternate public road easement then constructed and improved with like or better materials and of like or better quality, and of at least the same width, as the ease- ment then to be released, giving access to the access opening to level 2W on the West side of said parking ramp from Halifax Avenue to the West or Ring Road to the South of said parking ramp, the exact location of which alternate public road easement shall be subject to the reasonable approval of Edina as to the location of openings onto said Halifax Avenue or Ring Road, as the case may be, the turning radius of all curves in the proposed alternate easement and the effect of said alternate easement on the traffic patterns on Halifax Avenue, Ring Road and West 50th Street and also into and out of said parking ramp. (iiii) That National hereby reserves the right to use and occupy the said easement area, and to block the same from the passage of traffic, from time to time, for the purpose of constructing its building and other improvements on lands adjacent to the south of said easement area. The rights reserved in this paragraph shall expire when the building and other improvements to be constructed by National have been finally completed, or on July 1, 1971, whichever date first occurs. IN WITNESS WHEREOF, this instrument has been duly executed by the parties hereto to be effective as of the day and year first above written. In Presence of y r � STATE DEED TAX DUE HEPE®N,4�ML: VILLAGE 0 MINA L% By Its Its NATIONAL FOOD STORES, INC. - 2 - C Y q STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) On this day of (1,AJ4-- , 1970 before me, a Votary Public within and for id C unty personal personally appeared (a- to and, me personally known, who; being each by me duly sworn did say that t y are respectively the Major and the.Clerk of the VILLAGE OF EDINA, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority( its Village Coun it and said ,�p.�c ,� _� s and �U acknowledged said instrumenteo be the free act and deed of said corpo tion. STATE OF y ) SS. COUNTY OF W�P*) On this 30t1l day of July_, 1970, before me, a Notary Public within and for said County personally appeared W. B. Thomas and R. J. Radebaugh to me personally known, who, being each by me duly sworn did say that they are respectively the Vice Presi ent and the Asst. Secretary of NATIONAL FOOD STORES, INC., the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said W. B. Thomas and R, I. Radpbaugh acknowledged said instrument to be the free act and deed of said corporation. Y Cam m ss. T x,Pircf - S " &7 -3- FRANCES J. GRIIV�EY Counts STATE OF y ) SS. COUNTY OF W�P*) On this 30t1l day of July_, 1970, before me, a Notary Public within and for said County personally appeared W. B. Thomas and R. J. Radebaugh to me personally known, who, being each by me duly sworn did say that they are respectively the Vice Presi ent and the Asst. Secretary of NATIONAL FOOD STORES, INC., the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said W. B. Thomas and R, I. Radpbaugh acknowledged said instrument to be the free act and deed of said corporation. Y Cam m ss. T x,Pircf - S " &7 -3- _1 f f n CL Ll } r 10 M J —� a r L i 94 } l i / \oo' 4E ase.yeKL an 1 i PAriCE1 X - _ _ _: S C AIt_ E. 1 50` 19 3 57 - - r - • .3 Survey for: National Food Stores, inc. }� >•5 - i Description: (Parcel F, Revised) That part of Lot 41, Auditor's Subdivision No, 172, Hennepin t County, Minnesota described as beginning at a point in North line of said Lot 41, distant 53.57 feet west if Southeast corner of Lot 43 in said Subdivision; thence East 53.16 feet to the Northeast corner of said Lot 41; thence South 44 feet along East line of said Lot 41 to Southeast corner ' thereof; thence 'Nest along Soutn line of said Lot 41, a distance of 155.5 feet to a point 145 feet East of Southwest corner thereof; thence North parallel with West line of said Lot 41 a di Stdnce of 26.51 feet; thence Southeasterly deflecting to the right 97 040150" a distance of 93 feet; thence Southeasterly 10.83 feet on a tangential curve to the right, having a radius of 180 feet to an intersection with a line produced southerly from the point of oeginning to a point in north line of South 189,5 feet of said Lot 43, distant 56,77 feet west of the East line of said Lot.43; thence Northerly along the afore- described line , 31.06 feet to the point of beginning, 4369 Sq. Ft, I t F Parcel X That part of the East 60 feet of the South 189.5 feet of tot 43, Auditor's Subdivision j No. 172, Hennepin County, Minnesota lying westerly of a line drawn from a point in.the South line of said Lot 43, distant 53.67 feet Vtiest of the Southeast corner thereof to a point in the North line of the South 189.5 feet of said Lot 43, distant 56.77 feet west of the East line of said Lot 43. 906 Sq. Ft. We hereby certify that this-is a true and correct representation of ',survey of_the - boundarIes.of } the land above described and of the location of all bul.loings, if any, thereon and all visible y _ i encroachments, if any, from or on said land. i Dated this 23rd day of June, 1970, EGAN, FIELD & NONAK i S wveyors d .. �.. w ' r r c .,...._... -w w,.rsaa•,�,.._ .. <.. . >,..... .<vR , ... ._ �_.� x.,. _„ ,... ,_.. ,. . _. � __ �, x.,,_.. .�...�...... __.w .... .�.v ., ,. k,_ ,,.w .. ..v� >, .. .._ _ _1 f f n CL Ll } r 10 M J —� a r L i 94 } l i / \oo' 4E ase.yeKL an 1 i PAriCE1 X - _ _ _: S C AIt_ E. 1 50` 19 3 57 - - r - • .3 Survey for: National Food Stores, inc. }� >•5 - i Description: (Parcel F, Revised) That part of Lot 41, Auditor's Subdivision No, 172, Hennepin t County, Minnesota described as beginning at a point in North line of said Lot 41, distant 53.57 feet west if Southeast corner of Lot 43 in said Subdivision; thence East 53.16 feet to the Northeast corner of said Lot 41; thence South 44 feet along East line of said Lot 41 to Southeast corner ' thereof; thence 'Nest along Soutn line of said Lot 41, a distance of 155.5 feet to a point 145 feet East of Southwest corner thereof; thence North parallel with West line of said Lot 41 a di Stdnce of 26.51 feet; thence Southeasterly deflecting to the right 97 040150" a distance of 93 feet; thence Southeasterly 10.83 feet on a tangential curve to the right, having a radius of 180 feet to an intersection with a line produced southerly from the point of oeginning to a point in north line of South 189,5 feet of said Lot 43, distant 56,77 feet west of the East line of said Lot.43; thence Northerly along the afore- described line , 31.06 feet to the point of beginning, 4369 Sq. Ft, I t F Parcel X That part of the East 60 feet of the South 189.5 feet of tot 43, Auditor's Subdivision j No. 172, Hennepin County, Minnesota lying westerly of a line drawn from a point in.the South line of said Lot 43, distant 53.67 feet Vtiest of the Southeast corner thereof to a point in the North line of the South 189.5 feet of said Lot 43, distant 56.77 feet west of the East line of said Lot 43. 906 Sq. Ft. We hereby certify that this-is a true and correct representation of ',survey of_the - boundarIes.of } the land above described and of the location of all bul.loings, if any, thereon and all visible y _ i encroachments, if any, from or on said land. i Dated this 23rd day of June, 1970, EGAN, FIELD & NONAK i S wveyors d a. >, ! 3 4449`7 SEP-2 -70 9 r bFFICE OF REG13TF-i,(,JF�.) -.,E STATE OF WNN -4 TA COUNTY OF HENNERHA I Pereby certify that -the, wit4in ire4fuMgd Was filed for record in this office on kg da of gf: A. D. '1970 pt� o'cloc� and was duly recorded in boolii toof Hennepin County Records ' page 3844497 RMISTER OF DRADS By � DfiPYTY REOIYTER OP DEEq� TRANSFER ENTcRED SEP, 2 1970 `GEORGE B. HICKEY, AUDITOR ELM , Y MINN. • 8Y DEPUTY