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HomeMy WebLinkAbout1484December 20, 1996 Sharon Ruane Commercial Partners Inc 330 Second Avenue South Suite 820 Minneapolis, MN 55401 RE: City of Edina/ Yorkdale Shoppes Closing Dear Ms. Ruane: 4 Enclosed is the Owner's Duplicate Certificate of Title to be used in connection with the subject I am sending this to you at the request of DeEtt Allen of Dorsey and Whitney. Please do not hesitate to call if I may be of further assistance. Thank you. Sincerely, Gordon L. Hughes Assistant City Manager ,z RESOLUTION WHEREAS, the following described property is at present a single tract land: All that part of Tract F, Registered Land Survey No. 629, Fil s of Registrar of Titles, County of Hennepin lying South of a 1 ne drawn parallel with and 40 feet South of as measured at right angles to the South line of vacated West 68th Street as dedic ted in the plat of "York Terrace" and its Westerly extension and ying Northerly of a line drawn parallel with and 140 feet South of as measured at right angles to said South line of vacated West 68th Street and its Westerly extension; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: The Westerly 270 feet of the following described parcel: Al that part of Tract F, Registered Land Survey No. 629, Files f Registrar of Titles, County of Hennepin, State of Minnesota, lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated West 8th Street as dedicated in the plat of "York Terrace" and its We terly extension and lying Northerly of a line drawn parallel with nd 140 feet South of, as measured at right angles to, said Sout line of vacated West 68th Street and its Westerly extension; and All that part of Tract F, Registered Land Survey No. 629, F les of Registrar of Titles, County of Hennepin, State of Minnes ta, lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated W st 68th Street as dedicated in the plat of "York Terrace` and is Westerly extension and lying Northerly of a line drawn pars lel with and 140 feet South of, as measured at right angles to, said South line of vacated West 68th Street and its Westerly ext nsion, except the West 270 feet. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessar hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Villag of Edina Ordinances Nos. 811 and 801; NOW, THEREFORE, it is hereby resolved by the Village Council of the V illage of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Or, inance No. 811 and Ordinance No. 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for y other purpose or as to any other provision thereof, and subject, howev r, to the provision that no further subdivision be made of said Parcels unle s made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by those ord nances. ADOPTED this 20th day of March, 1972. STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS VILLAGE OF EDINA ) CERTIFICATE OF VILLAGE CLERK I, the undersigned duly appointed and acting Village Clerk for the Village of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina Village Council at its Regular Meeting of rch 20, 1972, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said Village this 21st day of March, 1972, Village Clerk DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST THOMAS M. BROWN 2400 FIRST NATIONAL BANK BUILDING LARRY L_VICKREY BRUCE W. BURTON WALDO F MARQUART CORNELIUS D. MAHONEY LOREN R KNOTT JAN D. STUURMANS JOHN W.WINDHORST HENRY HALLADAY THOMAS S. ERICKSON WILLIAM C. BABCOCK MINNEAPOLIS, MINNESOTA 55402 PHILLIP H. MARTIN REESE C.JOHNSON R_A.SCX.ARTZBAUER DAVID N.FRONEK JULE M.HANNAFORD MICHAEL E.BRESS JAMES L HALVERSON THOMAS W. TINKHAM ARTHUR B.WHITNEY PAUL G_ ZERBY CHARLES J. HAUENSTEIN JON F TUTTLE RUSSELL W. LINDOUIST RAYMOND A RESTER 1612) 333 -2151 CHARLES A. GEER EARL L. DEVINE DAVID R_ BR I NK JOHN J. TAYLOR JOHN C. ZWAKMAN ROBERT A HEIBERG HORACE HITCH BERNARD G. HEINZEN CABLE: DOROW JOHN R. WICKS EMERY W. BARTLE VIRGIL H. HILL WILLIAM J. HEMPEL EUGENE L.JOHNSON MICHAEL J.RADMER ROBERT V. TAR BOX JOHN S. HIBBS JOHN W. WINDHORST, JR CURTIS L. S71NE DEFOREST SPENCER ROBERT O. FLOTTEN 1432 W —FIRST NATIONAL BANK BUILDING MICHAEL PRICHARD ICHAEL TRUCANO ROBERT J.JOHNSON JOHN D.LEVINE ST. PAU12) -8017 55101 WILLIAM R.SOTH ILLIAM J. KEPPEL M. B_ HASSEL" UIST ROBERT J. STRUYK 22 (612) 227 -8017 TH OMAS R. MANTHEY AMES A. FLADER PETER DORSEY MICHAEL A.OLSON RICHARD G. SWANSON ILLIAM A.JOHNSTONE GEORGE P. FLANNERY LARRY W_ JOHNSON FAITH L.OHMAN ILLIAM E_BOWEN CURTIS L. ROY THOMAS S_ HAY DAVID A. RANHEIM TEPHEN A_GODDARD ARTHUR E.WEISBERG G.LARRY GAIFF17H JONATHAN VILLAGE CENTER ROBERT J. SILVERMAN DUANE E.JOSEPH CRAIG A- BECK CHASKA, MINNESOTA 55318 JAMES KKLEBBA FREDERICK E.LANGE DAVID L. McCUSKEY (612) 446 -4012 WILLIAM R. HIBBS JAMES B.VESSEY THOMAS O. MOE JOHN D. KIRBY OF COUNSEL WILLIAM A_WHITLOCK JAMES H.O'HAGAN PHILIP F. BOELTER AVID E. BRONSON E_J. SCHWARTZBAUER MICHAEL W. WRIGHT WILLIAM B -PAYNE EAVITT R. BARKER April 3, 1972 Mrs. Florence Hallberg Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Edina Southdale Liquor Store Dear Florence: I am returning to you herewith a certified copy of the Resolution authorizing the lot division for the Village's new liquor store site at Southdale. The Torrens office refused to accept the Resolution for filing. I do not think it worthwhile to force the issue with then. Please plac a copy of the Resolution in your land acquisition file and I will do th same. TSE:mj Enclosure Very truly yours, Thoma . Erickson k Y FOR Vlt'l- h AGE F SURV�DIN A C. E. COULTER ASSOCIATES, INC. LAND SURVEYORS a' 3300 LYNDALE AVE I E SOUTH MINNEAPOLIS, MINtIQg4OTA 55408 TELEPHONE: 824 At470 cc- I a e 30 �a x •�� 1- 5- BLOC. t ro iro \'c RED OWL STORE _ Iu'i .65.5... 1', Otl�, s. � • � / 3f i ai I. m I I i•t l I / 3 so i !n °1 Bv.o SCALE rI " =30' i i I r Nit � 11 J; I I ( 1. ll nrartn • >or arPt from ti o5e 1.1sad in 3 a i F eg tst rPd -a vpYl �. 432 620 I k' 2. 11 PL:cat ors shown ar. .a ry l dattrr :.._ 7. r +err rY F' cot;ncz top of 1': tt > t..l "t f. 'nt tran - to r ',801,-x � fvE. S� S 4 i. I il. L- -- - - - - -- --- ----- - - - - -- 4, c k ';pi I 1 avtcrly f f wer pnte 20 1 '. of N wat.rn rn s. (tali •c.r s rm /. r riair own n v 4I i N I 0 y OI 1r c -.t 11 e d .n lr .rin d o 0 4 d e I I M =.ttii -ice..+ L 1. ?. • • M _ } 1. sc 1 ;a 7 .r er .r,.. o. - 15 : eet W. • c - -� -�_ t incl. main 1T t o� H I rill SOVTH LINE of VACATED W.48 ST :SE30 LL 'CJ B, ITS WESTERLY E %TENSION------- - - - - -- M. 1,, d .to. Fart. 1 m IUI 0. 6' r T, lie-t po"', ;. telephur:e pole. I 8ea.1 .. Ln. O d 1 ,tes - 86 3 ' N Ig ( B63.t G Z r e ar! uF < d ] _c t >.. to L of > ,e cabl' in t.. ^.e W J A 313 Yd 1 1 2i [i { 11. ERSE fNT FOR ROADWAY PIN, SES IboG NO / 4734 - I � V, o U f.t aCt fl,_d i.- :1G.:. tons pI2or t.y , t t G, F`X< -} itlt .1 ,Itr1_tr �a ra s ase '. ::n a��ai La rlc ' rn ro m T- Bz.e eesn 863-62.6 862.2 fees S e9° 59' LS" E� rho un W m I 270.00 \ m` Pgal r rri om ) / Z 7. a I m t tcrty ..,t tY> f 11 a 7 descrl c1 parcel; ' p F QOW I 66`` ae2.7 - I w tl ar part -tact n:y.i re '.:ar 4 v : rt 628, m a h 2 a tit N OE I 4r 881.9 I.1 i t p mfl i of _�� ee2.s ( Z r t:o, dra parall.el L, .a -h 4 862.6 1, 3 Berm 0 uJ +s I ea ur c riot r files t So ti lint" of vacated mj, > 0 I -/0 �3 /e t •'tt e as ,+ L SY A-tr to plat If tort. ?errace" 2 W. V ~to a lil aBZ.2 0� I an, it ':.st zlr xter an? lvrn 1.:, t zrly .:'f a line F- ' ° O m ` O� I e:ra p 1 all< 1't. ar U) feet iii f as neawuree at Z Im / z ass. d 0O r:91/t angler a tr3 lil cf vacated Slest',8th ;'treet N an its fYes tor. =-"tCl ..1n, n-. 8Bi0 _ 270.00 -�_ -ea1.2 : <uj�rt to r,a snrsro t& .lr,f 26str tc t: r of reccxo3. ee9.1�. N89 °59. /e,.w a. i 1p � . ®" �' dam° 662 �+'•• ! BB35 -� BBII .J 861.1 �• ---"�` _._.,_---------------- - - -' -- w d6 3 G61.6 r, BBr! - 681.2 99 all. - /X�� E06E OF BITUMIr/OVS ;: y° Zt cj I (Im I �ls X se/.2 as, I eel v m 4 Q e V W C. B_ELEV. 880.39 C. B. ELEV. 760.73 tlo I h a /HV,87d.89 /NV.B76-78 �•,^ oW K � a E. NI Q a c rr in 2 l - S - CONK. A BRICK - w E. a1 - M t J' ------ - - J s. 69- r 617 jt, d 1968 AVIS CO. apolis PURCHASE AGREEMENT .......................winA .................. Minn .. ......... ' ... -.`..?.... C...1........i 1971... RECEIVED OF. ...... VILLAGE OF EDINA, MINNESOTA .... .. r .................. the sum of.... -.............--...-- .............:.:.:.....-......................................... ............................... ( .. .......... ) DOLLARS .......I..... check .............................. as payment for the purchase of property at (Check, Cash or Note —State Which) .....West...68.th.. Street. and.. York..Ayenue...South,..Edina.,. Minnesota situated in the ................ ............................... County of........ Hennepin A7Q... State of Minnesota, and legally described as follows, to -wit: // The westerly (2$5-x) of the following described parcel.: All than, part of Tract F, Registered Land Survey No. 629, files of Registrar of Titles, County of Henne- pin, State of Minnesota, lying South of a line drawn parallel with and 40 feet So th of, ** all arden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, scree s window sha es, netian blinds) , curtain rods, traverse rods, dra r ores and bulbs, plumbing fixtures, hot water tanks an eating s, sto ers and other equipment used in connection 'therewith), water softener a an and contro s 1 er exterio television antenna, incinera an garbage disposal, built -in ovens, cook top stoves and central air con , any, used and located on said premises and including also the following personal property: all of which property the undersigned, x;Is k )M=tt has this day sold to the buyer for the sum of ..................................................................................................................... ............................... ($ DOLLARS, which the buyer agrees to pay in the following manner: -and °'�� c c' °, cash, on ....November 15, 1971 . the dat of closing. 169 The provisions of the Rider annexed hereto are hereby made a part hereof s though fully set forth herein. Seller shall pay, in cash, on date of closing, the special assessments levied against the property hereby sold, in the amount of $248.10. * *as measured at right angles to, the South line of vacated West 68th Street as dedicated in the plat of "YORK TERRACE" and its Westerly extension and lying Northerly of a lie drawn parallel with and 140 feet South of, as measured at right angles to, said South line of vacated West 68th Street and its Westerly extension, (hereinafter called the "Premises"). Subject to performance by the buyer the seller agrees to execute and deliver a .--.- .- .-.---".-.-.---.-.-.-.--...... arranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. as set out her in and in Docu- (c) Reservation of any minerals or mineral rights to the State of Minnesota. m t ft0. 995935, (d) Utility and drainage easements which do not interfere with present improvements. or those planned es of Re .Of (e) Rights of tenants as follows: (unless specified, not subject to tenancies). by buyer. g The buyer shall pay the real estate taxes due in the year 19...72... axdcxXXW=i&jrZ0d*W=X* �Ca C4E xdlx Ea Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included therein and all debris from the premises prior to possession date. The seller further agrees to deliver possession not later than .... November ... 15...... 1.971 ......... .provided that all con itions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date he eof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, t is agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of re1i� inte est in $ ance, �j city water, and, n the case of income property, current operating expenses, shall be made as of ........ ................... ...... V2II1�2�'..,1�,,,,,,1.7,/I.... :. ............. ............................... The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Regist red Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The uyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections t be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title market ble. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after ritten notice to the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as a ove provided, this agreement shall be null and void, and neither principal shall be liable for damages hereunder to the other principal. All money there- tofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, a d said buyer - shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may erminate this contract and on such termination all the payments made upon this. contract shall be retained by said seller amtxatatxa 120% 3UMC061 X=3L1», as liquidated damages, time being of the essence hereof. This provision shall not deprive either party o the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided a on to enforce such specific performance shall be commenced within six months after such right of action shall arise. Iz�aaaIItaea3r�lx a,ait�x>ssdao€a�zselg x6I kZ .... ............... ..... xr c¢t arab> xadtz el x> ?it �x> z as�zncafl¢ a)axax�la eam x)�Ita7 ms The delivery of all papers and monies shall be made at the office of: Village of Edina, 4801 West 50th Street, Edina,.. Minnes. o. ta... 5. 5. 42. 4 ............................. ............................... ......................................................... ................................... I................... I hereby agree to sell the said property for the price and upon the terms above mentio d..;:................. ............................................................ .............................. and subject to all conditions herein expr s d. �I�cticx��geam� €!ea>iadcarzitmx�>xaji ................................................................ ............................... Ki$3!'3rit3iriiti�'e�aigSi4e$i I hereby agree-to purchase the said property for the price and RED OWL STORES, INC. upon the terms above mentioned, ands ect to all conditions JJ�� herein expfes d_ V IL GEEVIN ....... By .........:.::.................................. ............................... B ...:" ��.. Seller ar . ........ ........... rr - President Y ;...Buy.. ................................................................................. ............................... And... . .............................:. ..-.............. ......:1....................... Seller Buyer C1eY .t R I D E R This sale and purchase -.re eontirgent upon the performance.or occurrence o` the following conditic•Is precedent on or before the closing date: (1) The failure of Dayton Development Company ( "Dayton ") to exercise its first right of refusal to purchase the Premises and the deli--dry by�Dayton to the - seller of a -quit claim deed evidencing the .termination of said first right of refusal; (2) The release by Dayton of the restriction'under paragraph of that certa {.n Warranty Deed dated April 30, 1971, from Dayton to the seller, filed on Yay 5, 1971, in t'-.e Office of the Registrar of Titles, Hennepin County, Minnesota, in Volume 1525, Page 460581, as Document No. 995935; (3) The execution and delivery by all parties of an Easement and Free Passage Agreement in substantially the form of Exhibit A attached heret and hereby made a part hereof. (4) The execution and delivery by all parties of an Agreemen in substantially the form of Exhibit B attached hereto and hereby made a p rt hereof; provided, however, that the present liquor store proposed to be con- structed on the Premises by buyer shall be located tft feet Easterly of the West line of the Premises. A.0 (5) The approval of the Edina Village Council of: (a) the lot division or a plat showing the lot division, as required by the ordinances of the Village of Edina, so as to ermit the consummation of this sale; and (b) the execution and delivery of this agreement by the buyer. Seller, at its own expense, shall use its best efforts to ob ain the quit claim deed and release set out in paragraphs (1) and (2) abov and to obtain execution of the documents set out in paragraphs (3) and (4) ab ve by Northwestern National Life Insurance Company on or before the date of losing. If the foregoing conditions precedent have not been performe or have not occurred on or before November 15, 1971, or such later date as the parties hereto have agreed in writing, this agreement shall become null and vo d and of no further force and effect, and neither party hereto 'shall be liab e to the other hereunder except that the aforesaid earnest money in the amo nt of Five Thousand Dollars ($5,000.00) shall be promptly refunded by the se ler to the buyer. Seller also agrees to use its best efforts to' obtain at its wn expense, and at the same time as the release above referred to is obt ined, a release of the restriction set out in Paragraph 4 of the deed from ayton to seller described in Paragraph (2) of this Rider. However, failure to obtain a release of said restriction shall not result in the voiding r termination of this agreement. Signed for identification: RID OUTL STORES, INC. VILLAGE EDINA By�Jfi� B President is Mayor And �J _ �/- /1" Its Clerk ' v EXHIBIT A EASEMENT AND FREE PASSAGE AGREEMENT THIS AGREEMENT, made and entered into this day of 1971, by and between NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, a U esota corporation, (hereinafter called "Northwestern ") and the VILLAGE OF EDI A, a Minnesota municipal corporation, (hereinafter called "Edina "); W I T N E S S E T H T H A T: WHEREAS, Northwestern is the fee owner of the property legal described in Exhibit A attached hereto and made a part hereof (hereinafter called the "Northwestern Tract "), upon which there is now constructed supermarket and appurtenant parking facilities; and WHEREAS, Edina is the owner of adjoining property legally described in Exhibit B attached hereto and made a part hereof (hereinafter called the "Edina Tract "), upon which Edina intends to construct a municipal liquor store and appurtenant parking facilities; and WHEREAS, it is the parties' desire and intent that there be free passage for pedestrians and vehicles, at all times, between the North estern Tract and the Edina Tract and that there be created a roadway over th North- western Tract for access to the rear of the Edina Tract, all in the -Inner and pursuant to the provisions hereinafter set out. NOW, THEREFORE, in consideration of the covenants and agre ments herein made and other good and valuable consideration, the receipt a d sufficiency of which is hereby acknowledged by each of the parties h reto, the parties hereto hereby agree as follows: 1. That neither Northwestern nor Edina shall construct or maintain, at any time, on the common boundary between the Northwestern Tract and the Edina Tract any fence, wall or like barrier which impedes or obstructs the free passage of pedestrians or vehicles between the Edina Tract and the orthwestern Tract; provided, however, that Northwestern and Edina may erect s ch temporary barricades as may be necessary from time to time in connection with construction of buildings and other improvements upon their respective tracts buildings and like improvements on their respective tracts shall prohibited by the foregoing provisions of this paragraph. that t be T SE:mj 11/3/71 2. Northwestern hereby grants to Edina a perpetual, non -excl ive easement (hereinafter called "Original Easement ") for roadway purposes over and across that part of the Northwestern Tract described as follows: A 20 foot strip of land, the centerline of which is described as follows: Commencing at the Southwest corner of the North- western Tract, said Southwest corner being at the intersection of the South line of the Northwestern Tract and the East line f York Avenue; thence North along the West line of the Northwest rn Tract, a distance of 25 feet to the point of beginning of the easement to be described; thence East parallel with the South line of the Northwestern Tract, a distance of 235 feet; thence Sou h- easterly to a point 10 feet North of the South line of the No th- western Tract, when measured parallel with the West line of t e Northwestern Tract, and 20 feet West of the East line of the dina Tract extended Northerly, when measured parallel with the Sou h line of the Northwestern Tract; thence Southerly parallel wit the West line of the Northwestern Tract, a distance of 10 feet to the South line of the Northwestern Tract; thence Easterly along t e South line of the Northwestern Tract, a distance of 20 feet t the West line of the Edina Tract; thence Northerly parallel with he West line of the Northwestern Tract, a distance of 45 feet; t ence Westerly parallel with the South line of the Northwestern Tra t, a distance of 270 feet to the West line of the Northwestern Tract; thence Southerly along the West line of the Northwestern Tract, a distance of 20 feet to the point of beginning of the easemen described. 3. Anything herein to the contrary notwithstanding, it is under- stood and agreed, however, that Edina will release the Original Easement upon written request made by Northwestern and upon compliance with the following terms and conditions: (a) That Northwestern first deliver to Edina another road easement on the Northwestern Tract (hereinafter,togethe� with all easements created subsequent thereto pursuant to paragraph 4 hereof, called the "Substitute Easement "), fully executed and in recordable form, over and across a strip of land at least 20 feet in width and extending from York Avenue on the West of the Northwestern Tract to the East 20 feet of he Edina Tract and containing no turns with a smaller turning r dius than that provided at the Easterly end of the Original Easement; (b) That the area over which the Substitute Easement is to exist shall be improved to the same or better condition as i� the -2- TSE:mj 11/3/71 Original Easement as of the time the Original Easement is to be released; (c) That Northwestern deliver to Edina a title policy from a title company, or .a title opinion from a law firm, reasonably ac- ceptable to Edina, addressed to Edina and dated as of a then current date, evidencing that the then grantor of the Substitute Easement is the owner of the Substitute Easement area free and clear of all prior liens and encumbrances. Upon compliance with all of the foregoing terms and conditions of this para- graph 3, Edina shall deliver to Northwestern a fully executed, recorda le quit claim deed releasing all of its right, title and interest in and o the Original Easement. 4. That Northwestern shall have the right, from time to tim , to change and relocate the Substitute Easement upon compliance, in ea h instance, with the terms and conditions of paragraph 3 hereof, and Edina, upon such compliance in each instance, pursuant to said paragraph 3, shall release its then subsisting Substitute Easement. 5. Edina shall have no obligation of any kind to maintain, repair or improve the Original Easement or any Substitute Easement area nor to pay any taxes or maintenance costs thereon or therefor, but shall have the right, at its option, and at its expense, to maintain, repair and improve, and remove snow from, the Original Easement and any Substitute Easement area. 6. This agreement and the covenants and agreements herein shall run with the Edina Tract and the Northwestern Tract and shall be bind ng upon and inure to the benefit of each of the parties hereto and their re- spective, successors and assigns and all present and future owners of the Edina Tract and the Northwestern Tract. State Deed Tax Due Hereon $2.20. -3- �'1'SE:mj 1113/71. IN WITNESS WHEREOF, the parties hereto have caused this instru- ment to be duly executed the day and year first above written. In Presence of: NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY i Its And Its VILLAGE OF EDINA By Its And Its STATE OF MINNESOTA) ss COUNTY OF HENNEPIN) On this day of 1971, before me, a No ary Public for said County, personally appeared and to me personally nown, who, being each by me duly sworn did say that they are respectively t e and the of NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, the corporation named i the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was sign d and sealed in behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said cor oration. -4- STATE OF MIMIESOTA) ss COUNTY OF HENNEPIN) On this day of 1971, before me, a Notary Public, within and for said County, personally appeared and to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and the Clerk of the municipal corporation named in the foregoing instrument; that the seal affixed to said instrument is the corporate seal of said municipal corporation; that said instrument was signed and sealed on be alf of said municipal corporation by authority of its Village Council; and said and acknowledged said instrument to be the free act and deed of said munic corporation. This instrument was drafted by Dorsey, Marquart, Windhorst, West & Halladay 2400 1st National hank Bldg. Minneapolis, Minnesota 55402 -5- CONSENT OF LESSEE To Easement and Free Passage Agreement Between Northwestern National Life Insurance Company and Village of Edina The undersigned, lessee of the Northwestern Tract as describ d in the Easement and Free Passage Agreement to which this Consent is att ched, hereby joins in said Easement and Free Passage Agreement for the purpo e of agreeing to be bound, and it does hereby agree to be bound, by the terms and conditions of said agreement. In Presence of: RED OWL STORES, INC. By Its And Its STATE OF MINNESOTA) ss COUNTY OF HENNEPIN) On this day of 1971, bef a Notary Public within and for said County, personally appeared and to me pers known, who, being each by me duly sworn did say that they are respect the and the RED OWL STORES, INC., the corporation named in the foregoing instrume and that the seal affixed to said instrument is the corporate seal of corporation, and that said instrument was signed and sealed in behalf corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free deed of said corporation. ore me, o ally i ely of nt, said of said aclt and EXHIBIT A To Easement and Free Passage Agreement Between Northwestern National Life Insurance Company and Village of Edina All of vacated West 68th Street dedicated in the plat of "Yo :k Terrace ", lying between the extensions across it of the East line of Lot 8, Block 2, "York Terrace" and the West line of Tract P, Registere Land Survey No. 432, Files of the Registrar of Titles, County of Henne in; and That part of said Tract P, Registered Land Survey No. 432, Files of Registrar of Titles, County of Hennepin and that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County of Hennepin and that part of vacated York Avenue South dedicated in the plat of "York Terrace ", all lying North of the South line of said vacated West 68th Street and its Westerly extension and all lying South of the following described line: Beginning at the Northwest corner of Lot 5, Block 2, "York Terrace ", thence running Westerly parallel with said South line of vacated West 68th Street and its Westerly extension to a point in the Westerly line of said Tract F, and there terminating; Also that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County of Hennepin, lying South of the South line of vacated West 68th Street dedicated in the plat of "York Terrace", and its Westerly extension, and North of a line drawn parallel to and 40 feet South of, and measured at right angles to, the said South linE of said vacated West 68th Street and its Westerly extension. EXHIBIT B To Easement and Free Passage Agreement Between Northwestern National Life Insurance Company and Village of Edina The Westerly two hundred seventy feet (270) feet of the following described parcel: All that part of Tract F, Registered Land Survey No. 629, Fil s of Registrar of 'titles, County of Hennepin, lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated West 68th Street a dedicated in the plat of "YORK TERRACE" and its Westerly exte sion and lying Northerly of a line drawn parallel with and 140 feet South of, as measured at right angles to, said South line of vacated West 68th Street and its Westerly extension. EXHIBIT B AGREEMENT TIIIS AGREEMENT, made and entered into this day of 1971, by and between Northwestern National Life Insurance Company, a Minnesota corporation, (hereinafter called "Northwestern ") and the Vil age of Edina, a Minnesota municipal corporation (hereinafter called "Edina "): W I T N E S S E T H T H A T: WHEREAS, Northwestern is the fee owner of the property legal y described in Exhibit A attached hereto and made a part hereof (hereinafter called the "Northwestern Tract "); and WHEREAS, Edina is the owner of adjoining property legally de cribed in Exhibit B attached hereto and made a part hereof (hereinafter calle the "Edina Tract "), which property was purchased from Northwestern; an WHEREAS, Northwestern desires to be kept advised of the location of future improvements upon the Edina Tract, all pursuant to the provisions I hereinafter set out. NOW THEREFORE, in consideration of the covenants and agreements herein made and other good and valuable consideration, the receipt an sufficiency of which is hereby acknowledged by each of the parties hereto the parties hereto hereby agree as follows: 1. Edina agrees to consult and cooperate with Northwestern in deter- mining the location of any building, structure or other improvement h reafter to be constructed on all or any part of the Edina Tract; provided, ho lucture ever, that the final determination of the location of any such building, s or other improvement, shall be made solely by Edina. 2. The provisions hereof shall run with the Edina Tract and be binding upon and inure to the benefit of all present and future owner of the Edina Tract. The provisions hereof shall also run with that part of I he Northwestern Tract which adjoins and is contiguous to the Edina Tract and shall be binding upon and inure to the benefit of all present and future owners of such part of the Northwestern Tract, it being understood and agreed that "I'SI? /rh 10/22./71 4 if the Northwestern Tract shall hereafter be divided into more than on parcel, only the owners of that portion or those portions of the North- western Tract which is or are adjoining and contiguous to the Edina Tract shall have the benefit of the provisions hereof.. STATE. DEED TAX DUE HEREON $2.20. IN WITNESS WiIEREOF, the undersigned have caused this Agreement to be duly executed the day and year first above written. In Presence of: NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY This instrument was drafted by Dorsey, Marquart, Windhorst, West & Halladay 2400 1st National Bank Bldg: ,,, jVlinneapolis, Minnesota 55402 By Its And Its VILLAGE OF EDINA By Its Mayor And Its Clerk —2-- TSl /rb 10/22/71 STATE, OF MINNESOTA ) SS COUNTY OF HENNEPIN ) On this day of , 1971, before me, a Not ry Public for said County, personally appeared and to me personally known, who, bein each by me duly sworn did say that they are respectively the and the 0 NORTH6:ESTERN NATIONAL LIFE INSURANCE COMPANY, 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 signec and sealed in behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corpo ation. STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) On this - day of , 1971, before me, a Notary Public, within and for said County, personally appeared and '' ' , to me personally kn wn, who, being each by me duly sworn,, did say that they are respectively the Ma or and the Clerk of the municipal corporation named in the foregoing inst ument; that the seal affixed to said instrument is the corporate seal of said municipal corporation; that said instrument was signed and sealed on b half of said municipal corporation by authority of its Village Council; and said and acknowledged said instrument to be the free act and�deed of said municipal corporation. -3- TS!:/ rh 10/22/71 CONSENT OF LESSEE , To Agreement Between Northwestern National Life Insurance Company and Village of Edina The undersigned, lessee of the Northwestern Tract as describ d in the Agreement to which this Consent is attached, hereby joins in sa'd Agreement for the purpose of agreeing to be bound, and it does hereby g to be bound, by the terms and conditions of the said Agreement. In Presence of, STATE OF MINNESOTA) RED OWL STORES, INC. By Its And Its ) SS COUNTY OF HENNEPIN) On this day of 1971, b me, a Notary Public within and for said County, personally appeared ee gore and to me personally known, who being each by me duly sworn did say that they ar respectively the and the of RED OWL STORES, INC., the corporation named in the foregoing instru en that the seal affixed to said instrument is the corporate seal of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be t e act and deed of said corporation. --4- t and free EXHIBIT A To Agreement Between Northwestern National Life Insurance Company and Village of Edina All of vacated West 68th Street dedicated Terrace", lying between the extensions across it of Lot 8, Block 2, "York Terrace" and the West line of Land Survey No. 432, Files of the Registrar of Titl and in the plat of "Yo k the East line of Tract P, Registere es, County of Henne in; That part of said Tract P, Registered Land Survey No. 432, Files of Registrar of Titles, County of Hennepin and that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County o Hennepin and that part of vacated York Avenue South dedicated in the p at of "York Terrace ", all lying North of the South line of said vacated W st 68th Street and its Westerly extension and all lying South of the foll wing described line: Beginning at the Northwest corner of Lot 5, Block 2, "York Terrace ", thence running Westerly parallel with said South line f vacated West 68th Street and its Westerly extension to a point in the Westerly line of said Tract F, and there terminating; Also that part of Tract F, Registered Land Survey No. 629, F les of Registrar of Titles, County of Hennepin, lying South of the South line of vacated West 68th Street dedicated in the plat of "York Terrac and its Westerly extension, and North of a line drawn parallel to and 40 feet South of, and measured at right angles to, the said South line of said vacated West 68th Street and its Westerly extension. 4 •� i N EXHIBIT B To Agreement Between Northwestern National Life Insurance Company and Village of Edina The Westerly two hundred seventy feet (270) feet of the following descr bed parcel: All that part of Tract F, Registered Land Survey No. 629, F11 s of Registrar of Titles, County of Hennepin, lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated West 68th Street s dedicated in the plat of "YORK TERRACE" and its Westerly ext nsion and lying Northerly of a line drawn parallel with and 140 fe t South of, as measured at right angles to, said South line of vacated West 68th Street and its Westerly extension. 1'SL:mj 12/9/71 12/28/71 140 EASEMENT AND FREE PASSAGE AGREEMENT THIS AGREEMENT, made and entered into this day of , 197J, by and between NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, a inne- sota corporation, (hereinafter called "Northwestern'), the VILLAGE OFIEDINA, a Minnesota municipal corporation, (hereinafter called "Edina "), and 1ITUS, INC., a Minnesota corporation, (hereinafter called "Titus "); W I T N E S S E T H T H A T: WHEREAS, Northwestern is the fee owner of the property 1 described in Exhibit A attached hereto and hereby made a part hereof (here- inafter called the "Northwestern Tract "), upon which there is now constructed a supermarket and appurtenant parking facilities; and WHEREAS, Edina is the owner of property adjoining the Northwestern Tract on the South and legally described in Exhibit B attached hereto and hereby made a part hereof (hereinafter called the "Edina Tract "), upon which Edina intends to construct a municipal liquor store and appurtenant p rking facilities; and WHEREAS, Titus is the owner of property adjoining the Edina Tract on the South and legally described in Exhibit C attached hereto and hereby made a part hereof (hereinafter called the "Titus Tract "), upon which there is now constructed a building and appurtenant parking facilities; and WHEREAS, it is the parties' desire and intent that there be passage for pedestrians and vehicles, at all times, between the North, Tract, the Edina Tract and the Titus Tract and that there be created f ree tern road- way over the Northwestern Tract for access to the rear of the Edina Tract, all in the manner and pursuant to the provisions hereinafter set out. NOW, THEREFORE, in consideration of the covenants and agree herein made and other good and valuable consideration, the receipt ar sufficiency of which is hereby acknowledged by each of the parties he the parties hereto hereby agree as follows: is reto, 5 TSE:mj 12/9/71 1. That neither Northwestern nor Edina shall construct or main- tain, at any time, on the common boundary between the Northwestern Tract and the Edina Tract any fence, wall or like barrier which impedes or obstructs the free passage of pedestrians or vehicles between the Edina Tract and the Northwestern Tract; provided, however, that Northwestern and Edina may erect such temporary barricades as may be necessary from time to time in connec- tion with construction of buildings and other improvements upon their re- spective tracts and that buildings and like improvements on their respective tracts shall not be prohibited by the foregoing provisions of this paragraph. 2. That neither Edina nor Titus shall construct or maintain, ,it any time, on the common boundary between the Edina Tract and the Titus 'tract any fence, wall or like barrier which impedes or obstructs the ree passage of pedestrians or vehicles between the Edina Tract and the Ti us Tract; provided, however, that Edina and Titus may erect such temporary barricades as may be necessary from time to time in connection with c n- struction of buildings and other improvements upon their respective tracts khm, and that buildings and like improvements on their respective tracts not be prohibited by the foregoing provisions of this paragraph. 3. Northwestern hereby grants to Edina and the Benefited Parties of the Edina Tract, a perpetual, non - exclusive easement (hereinafter called the. "Edina Easement ") for roadway purposes over and across that of the Northwestern Tract described as follows: That part of the Northwestern Tract lying South of a line drawn parallel with and fifteen (15) feet North of the Sout line of the Northwestern Tract, and lying West of a line drawn parallel with and two hundred seventy (270) feet East of the West line of the Northwestern Tract, and lying East of the East line of the easement area described in paragraph 4 hereof. part It is understood and agreed by Northwestern and Edina that the Edina Easement may and will be used by Northwestern for customer parking and will be subject co the provisions of paragraph 5 hereof until such time as Edina shallldeem _t necessary to use the Edina Easement for roadway purposes, and non -uOe by -2- Edina of the Edina Easement area for roadway purposes shall not be dee ed to be a waiver or release of, nor in any way terminate or restrict its rights to use, the Edina Easement for roadway purposes. At such time s Edina desires to use the Edina Easement for roadway purposes, it shall give notice to Northwestern and such use by Edina may commence ten (10 days after the giving of such notice. 4. Each party hereto hereby grants to the other parties hereto, and their respective Benefited Parties, a perpetual, non - exclusive easement for roadway purposes over and across the following described property, the parties hereto hereby granting such easement to the extent it exists ver and across their respective tracts of land: Beginning at a point on the West line of the Titus Tract, which point is 142 feet South of the Northwest Corner of t e Titus Tract; thence Easterly, parallel with the North line of the Titus Tract, a distance of 65.5 feet; thence Northerly parallel with the West lines of the Titus Tract, the Edina Tract and the Northwestern Tract a distance of 384 feet to a point 142 feet North of the South line of the Northwestern Tract; thence Westerly, parallel with the South line of th Northwestern Tract, a distance of 65.5 feet to the West li e of the Northwestern Tract; thence Southerly along the West line of the Northwestern Tract a distance of 30 feet; thence Easterly, parallel with the South line of the Northwestern Tract, a distance of 40.5 feet; thence Southerly parallel with th West lines of the Titus Tract, the Edina Tract and the Nor hwestern Tract, a distance of 324 feet to a point 112 feet South of the North line of the Titus Tract; thence Westerly, parallel w th the North line of the Titus Tract, a distance of 40.5 feet to the West line of the Titus Tract; thence Southerly along the W st line of the Titus Tract a distance of 30 feet to the point of b ginning. The provisions of paragraphs 1, 2 and 5 hereof shall not be applicable to the easements granted by paragraphs 3 and 4 hereof so as to restrict�or prevent the use of the easement areas described in said paragraphs 3 4 for the purposes hereby granted. -3- and 5. Each party hereto hereby grants to the other parties h a perpetual, non - exclusive easement for parking and pedestrian purpo over and across such portions of their respective tracts of land as eto now or hereafter be used for parking or pedestrian purposes, said easement to be for the benefit of,and used in common, by all present and future owners of the Northwestern Tract, the Edina Tract and the Titus Tract, and the lessees and sublessees of each, and the employees, agents, customers nd business invitees of all such owners, lessees and'sublessees (all such per- sons being herein called the "Benefited Parties "); provided, however that with respect to the easement granted by this paragraph, the parties h reto further agree as follows: (a) Any employees included within the term Benefited Parties, as used herein, shall use only such portions of the parking areas on the Northwestern Tract, Edina Tract and Titus Tract as are designated for employee parking from time to time by the respective owners of such tracts, and each owner, lessee or sublessee of the respective tracts may enforce the rovi- sions of this subparagraph (a) as to their respective tracts, and prevent any use not hereby authorized, by all such means as are then available at law or in equity. (b) All parties hereto shall have the full right and privi ege, now and at any time and from time to time hereafter, t change, modify, increase or decrease the portions of their respective tracts used for parking or pedestrian purposes, withou the consent of or prior notice to the other parties or any Bene- fited Parties of the other tracts; provided, however, hat the easements herein granted shall continue, be effect ve, and attach to all portions of the respective tracts aslare used for such parking or pedestrian purposes, as changed, modified, increased or decreased from time to time. -4- 6. The parking and pedestrian areas upon the Northwestern Tr ct, the Edina Tract and the Titus Tract shall always be constructed so as t meet and join along their entire respective common boundaries at the $ grade. 7. The parties hereto agree to maintain and repair, each at its own cost and expense, the portions of the easements hereby granted to he extent they are located upon their respective tracts of land, and to k ep the same at all times in good condition and state of repair, and to re ove snow therefrom, and no party hereto shall have any obligation to maintain, repair, or remove snow from,the property of the other parties hereto, but each party shall have the right, at its option and at its expense, to main- tain and repair, including removal of snow from, the said easements, o the extent located upon the property of either or both of the other parti s and may enter upon the tracts of land of the other parties hereto for suc pur- poses. 8. Each party shall pay all real estate taxes and special ments levied or assessed against its tract of land and no party shall any obligation to pay any real estate taxes or special assessments on property of the other parties hereto. Lssess- have the 9. Anything herein to the contrary notwithstanding, it is agreed by and between Edina and Northwestern that (i) once Edina begins to actually use the Edina Easement, or (ii) after the end of the ten (1 ) day period following notice given pursuant to paragraph 3 hereof, whiche er first occurs, then Edina, as of the earlier of said dates, shall (a) maintain the Edina Easement at all times in good condition and state of repai and remove snow therefrom, all at its own cost and expense, and (b) pay to Northwestern each year during which the Edina Easement is used by E ina a sum which bears the same ratio to the total real estate taxes levie against the Northwestern Tract (exclusive of improvements thereon) nd due in that calendar year, and installments of special assessments payab e therewith, as the number of square feet in the Edina Easement area ears to -5- r" the total number of square feet in the Northwestern Tract, such payme t to be made at the end of each calendar year of such use. If Edina's use of the Edina Easement begins or ends at a time other than the end of calendar year, the amount to be paid by Edina for that calendar year hall be prorated to and paid for the period actually used. In computing t e amount to be paid by Edina pursuant to the above formula the real est to taxes attributable to and resulting from the value added by improveme is on the Northwestern Tract shall not be included. 10. This agreement and the covenants and agreements herein shall run with the Northwestern Tract, the Edina Tract and the Titus Tract shall be binding upon and inure to the benefit of each of the partie and their respective successors and assigns and all present and futu of the Northwestern Tract, the Edina Tract and the Titus Tract. 11. Any notice, request or demand herein required or permitted to be given or served shall be deemed given and served if and when mailed in a sealed envelope by U.S. registered or certified mail, postage prepaid, addressed as follows: To Northwestern at: 20 Washington Avenue South Minneapolis, Minnesota 55440 To Edina at: 4801 West 50th Street Edina, Minnesota 55424 To Titus at: 3250 West 66th Street • Minneapolis, Minnesota 55435 Said addresses may be changed by giving notices as above provided. the Northwestern Tract, Edina Tract or Titus Tract be owned by more f one person at any time, notice given or served to or upon any owner Of a tract in the manner Above required, shall be adequate and proper notice of service upon all owners of that tract. hereto owners State Deed Tax Due Hereon $2.20 IN WITNESS WHEREOF, the parties hereto have caused this ins ment to be duly executed the day and year first above written. In Presence of: /1 STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) NORTHWESTERN N TIONAL LIFE INS C By is And is VILLAGE,OF" EDINA By � Its And ` _ Its is oe TITUS, INC. B� � Its. And ::7L Cry Its /> r . tru- On this �3 day of 197 befor,, me, a Notary Public within and for said County, perso�a�ly appeared and Al'�,_. to me personally known, wh ing each by me 41y Jwo n did say that they are respectively the .c,e_ ;,, ,—, . and the�-t� of NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, 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 s gned -7- I TSE:mj 12/9/71 . and sealed in behalf of said corporation by authority of its Board of ir- ectors and sa and cknowledged said instrument to b the free act and e4 f said corpora'i CA J� ftftW �fL'IE K. IR►""fy Public, Hennepin County. Mjngk, n Expiret Nov. 18,1517 . STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this of , 1971, before me, a Notary Publ c w nd for said Coun persona y a peared " and to me persof4ally known, who, being each by me duly sworn did say that they are •respectively the M a and the of the VILLAGE OF EDINA, the municipal c poration named in the oreg ing instrument, and that the seal affixed to said instrument is the corpo ate seal of said corporation, and that said instrument was signed and sea ed in behalf of said corpor tion by authority of its Villag Council and said and . acknowledged said ingtrument to be the free act and deed of said co oration. r, R I N. GALEN Notary Public, Hennepin County, Mi in. My Commission Expires July 25,19'7. STATE OF MINNESOTA) SS. COUNTY OF �1 On this day o �. , 1971h be °e me, No ary Public within and for said Cou y, personally ,appeared G%�y!x 4 and to me personally known, wl being each by me duly sworn id say that they are respectively the and the of TITUS, INC., the corporation named in the foregoing instrument, and that the seal dffixed to said instrument is the corporate seal of said co pora- tion, and that said instrument was signed and sealed in behalf of d cor poration by authority of its Board of Directors a "aidl% and A __ acknowledged said instrument _to be the free act and deed of said cor ora- tion. t n1s instrurnant was drafted by '0cjs*, iMarQuart, Windhorst, West & Ha;lad�.y 2400 1st National Bank Bldg. k. Minneapolis, Mlnnesota 55402 iQ a BONIME R!SBE NOTARY PUFLiC • h.1iNNESOTA V "A RAMSEY COUNTY •" My Commission Expires June 5, 1975 C TSE:mj 12/9/71 CONSENT OF MORTGAGEE To Easement and Free Passage Agreement Between Northwestern National Life Insurance Company, the Village of Edina and Titus, nc. The undersigned, mortgagee-of the Titus Tract as described in the Easement and Free Passage Agreement, as evidenced by Document No. 1014440, Files of the Registrar of Titles, Hennepin County, Minnesota, to wh Consent is attached, hereby joins in said Easement and Free Passage meet for the purpose of agreeing to be bound, and it does hereby ag bound, by the terms and conditions of said agreement. Dated: % - 'X% -7 .Y In Presence of: STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) NORTHWESTERN NATIONAL BANK By Its Its C; - On this day o , 1971., befor me, a o a lic with* and for said Count rs n eared _ and 4 to me perponally known, ho, ing each by me duly swo n d r say tha are respectively the and the of N WESTERN NATIONAL BANK , the association name the foregoing instrument, an t at the seal affixed to said instrume the corporate seal of said association, and that said instrument was and sealed in beh o sai s c' t on b ,.a thority of its Board o zz ec ors and s id f and �� acknowle ged said instrument to be the free act deed of said association. PEARL M. KELLEY � Notary Public, Scott County, Minn. My Commission Expires Aug. 26, 1 this ree to be SOUTHWEST 'Pub- they RTH- in t is signed Dir L and TSE:mj 12/9/71 CONSENT To Easement and Free Passage Agreement Between Northwestern National Life Insurance Company, the Village of Edina and Titus, Inc. The undersigned, holder of a right of first refusal on the North- western Tract as described in the Easement and Free Passage Agreement) to which this Consent is attached, as evidenced by Document No. 897024, Files of the Registrar of Titles, Hennepin County, Minnesota, and of certain rights and restrictions on the Northwestern Tract, the Edina Tract and the Titus Tract, as described in said Easement and Free Passage Agreement, as evidence by Document Numbers 868602, 995935 and 1012439, respectively, hereby con ents to the granting of the easements and rights set out in the attached Ease- ment and Free Passage Agreement. 4-MM - 4 STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) -0n this % / day of 1971, b ore me, a Not ry Pub- lic within and for said County, personal 4y ap eared Mjje42 �. %17C -and a to me personally known, w o, being each by me�y dDGu� y s orn, did say that they are respectively the and L�G. of DAYTON DEV OPMENT COMPANY, the corporation named in the foregoing instru ent, and that he seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in be alf of said corporatio b autho- rity of its Board of Directors and said and �%�! %l�J, ac owledged said instrument o be the free act and deed of said corporation. MARIAN M. KERR Notary Public, Hennepin County, Minn. My Commission Expires Aug. 6, 1976. CONSENT OF LESSEE To Easement and Free Passage Agreement Between Northwestern National Life Insurance Company, the Village of Edina and Titus, I C. The undersigned, lessee of the Northwestern Tract as descr in the Easement and Free Passage Agreement to which this Consent is attached, hereby joins in said Easement and Free Passage Agreement for the purpose of Agreeing to be bound, and it does hereby agree to be bound, by the t conditions of said agreement. Dated: AN 4 1972 In Presence of: RED 0 TORES, INC. Bye And Its STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) On this I/yh day of ,1/g1Pyjfi Y , 1977.1 before me, a N, Public within and for said Count , personally appeared JA MS- S � _W /LL -i5 and %� /�HAX U e, J D 19NS 01V to me sonally known, who, being each by me duly sworn, did say that they ar spectively the President and the Secretary of RED OWL ST the corporation named in the foregoing instrument, and that the seal to said instrument is the corporate seal of said corporation, and tha instrument was signed and sealed in behalf of said co1r ioration by aut of its Board of Directors and said JA Alf-,S 1✓�/�� and /e j C N/YS' o N acknowledged said instrument to free act and deed of said corporation. and >tary er- re- RES, INC., f f ixed said ority be the EXHIBIT A (Northwestern Tract) To Easement and Free Passage Agreement Between Northwestern National Life Insurance Company, the Village of Edina and Titus, I C. All of vacated West 68th Street dedicated Terrace", lying between the extensions across it of Lot 8, Block 2, "York Terrace" and the West line of Land Survey No. 432, Files of the Registrar of Titl and in the plat of "Y rk the East line of Tract P, Register d es, County of Henn pin; That part of said Tract P, Registered Land Survey No. 432, iles of Registrar of Titles, County of Hennepin and that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County f Hennepin and that part of vacated York Avenue South dedicated in the lat of "York Terrace ", all lying North of the South line of said vacated est 68th Street and its Westerly extension and all lying South of the fo1 owing 'described line: Beginning at the Northwest corner of Lot 5, Block 2, "York Terrace ", thence running Westerly parallel with said South line of vacated West 68th Street and its Westerly extension to a point in the Westerly line of said Tract F, and there terminating; Also that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County of Hennepin, lying South of the South line of vacated West 68th Street dedicated in the plat of "York Terr ce ", and its Westerly extension, and North of a line drawn parallel to an 40 feet South of, and measured at right angles to, the said South 1i e of said vacated West 68th Street and its Westerly extension. ' k EXHIBIT B (Edina Tract) To Easement and Free Passage Agreement Between Northwestern National Life Insurance Company, the Village of Edina and Titus, Inc. The Westerly two hundred seventy feet (270) feet of the following described parcel: All that part of Tract F, Registered Land Survey No. 629, Fil s of Registrar of Titles, County of Hennepin, lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated West 68th Street s dedicated in the plat of "YORK TERRACE" and its Westerly ext nsion and lying Northerly of a line drawn parallel with and 140 fe t South of, as measured at right angles to, said South line of vacated West 68th Street and its Westerly extension. i r EXHIBIT C (Titus Tract) To Easement and Free Passage Agreement Between Northwestern National Life Insurance Company, the Village of Edina and Titus, nc. That part of Tract F, Registered Land Survey No. 629, Files of Registra of Titles, County of Hennepin lying South of a line drawn parallel to a d 140 feet South of and measured at right angles to the South line of vac ted West 68th Street dedicated in the plat of "York Terrace" and its Wester y extension except that part thereof lying South of a line drawn parallel to the South line of said Tract F and distant 220 feet North of the South line of said Tract F as measured at right angles to said South line. N 1'1IIS INDEN "PURE, Made tli.is(��� �?;s�, ��f '� {1 ( 1971, between DAYTON DEVELOPMENT COi•11)1,,. y cor s,oi �Itian under the laws of the State of Minnesota, party of ;ir:ft pant, aild RED OWL STORES, INC., a corporation under the laws of ti:e State of I)olaware, party of t second part, WITNESSETH, That the said party of the first part, in consideration of the sum of ONE DOLLAR and other good and valuable consideration to it in hand paid by the said party of the second part, the recei t whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, nd Convey unto the said party of the second part, its successors and assigns, Forever, all the tract or parcel of land lying and being n the County of Hennepin and State of Minnesota, described as follow , to -wit: All that part of Tract F, Registered Land Survey No. 629, files of Registrar of Titles, County of Hennepin,' ' State,of Minnesota`,lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated West 68th Street as dedicated in the plat of "YORK TERRACE" and its Westerly extension and t' lying Northerly of a line drawn parallel with and 140 feet South of, as measured at right angles to, �;.. said South line of vacated West 68th Street and its Westerly extension; Subject to: a. Building and zoning laws, ordinances, State and Fede al Regulations. b. That certain easement in favor of the Village of Edi a for utility and drainage purposes, including sani tar sewer as set out in Document No. 834115, files of said Registrar of Titles. The said party of the second part by its receipt and acceptance of this conveyance covenants, agrees, and acknowledges that it tak s title to the tract or parcel of land hereby conveyed subject to the following restrictions relating to its use and improvement, which shall run with the title thereto and shall continue for thirty (30) years from the date hereof and then terminate (the terms "said party of the first part" and "said party of the secoIld part" as used hereinafter sha 1 in- clude the respective successors and assigns of eitliei); Doe. No. 995935 F i l e& -S-7-71 5. The use of the premises shall be limited to the expansio the present supermarket situated on premises to the North of the hereby conveyed and related uses other than the sale of prescript' drugs. of and on 6. The second party shall not use the name Southdale in its business name or building name unless the first party gives its written approval. TO HAVE AND TC HOLD THE SAME, Together with all the hereditam nts and appurtenance;; thereunto belonging, 9� g, or in anywise appertaining, to the said party of the second part, its successors and assigns, For ver. And the said DAYTON DEVELOPMENT COMPANY, party of the first part, or itself, and its successors, does. Covenant with the said party of t e second part, its successors and assigns, that it is well seized in fee Of the lands and premises aforesaid, and has good right to sell an con- vey the same in manner and form aforesaid, and that the same are f ee from all incumbrances, except as hereinbefore mentioned, and the lien of,al! unpaid special assessments and interest thereon. And the a ove bargained and granted lands and premises, in the quiet and peaceable possession of the said party of the second part, its successors, a assigns, against all persons lawfully claiming or to claim the who any part thereof, subject to incumbrances hereinbefore mentioned, said party of the first part will Warrant and Defend. State deed tax due hereon $354.20. IN TESTIMONY WHEREOF, the said first party has caused these 0 :ze or presents to be executed in its corporate name by its Presid nt and its �� �T�/ e�� ----- �- z and its corporate seal to be hereunto affixed the day and year first above written. '4 In Presence of I. i F f / f -3- DAYTON DEVELOPMENT COMPANY LS 1? :CCS1dE W (C.c�rI prat.(' �c,a 1. ) f• 1. The second party may not erect a J dildinq .intil the first- party has issued its written app.rnval of f final design xnd exterior plan of any such building. The first party shall have `Afteen (15) days after receipt of such plans from the second party for review. Failure of the first party to act on such plans during said _fifteen day period shall be deemed the equivalent of written approval -.hereof. The second party, however, will use underground electrical :id telephone service wherever possible and at its expense, grade the (remises according to its plans (as approved by the first party) and I4eposit all removed earth at a location designated by the first party r.'thin the Southdale area without cost to the first party. 2. The second party shall maintain the exterior of the buildings I::nd the grounds in the same condition as is then being maintained at Southdale Center; and, in case of its failure to perform such maintena ce (within thirty (30) days after written notice from the first party, the latter may enter upon the premises and perform such maintenance, Hereupon all ex;2nses properly incurred by the first party in perfor ing the work shall be paid upon the first party's demand. I 3. The second party may not erect any outside sign, window sign i window covering, parking lot lighting, or banners upon said premises, ; 'unless the first party will, in advance, have issued its written f 'approval; such signs, window signs, window coverings, parking lot lig ting, or banners to meet the standards existing in the Southdale Shopping Center and peripheral area. Rooftop signs, rooftop sculpture, roof- top identifications, moving signs, flashing lights, outside display, pennants, outside incinerators, and radios or other devices that can be �i heard outside the premises will not be permitted. 4. The second party shall not make alterations to the exterior of the building or additions outward or upward to the buildings loca ed Ion the premises or changes in color or materials or any other site (improvements, unless at least thirty (30) days before construction b conutnenced, the first party will have issued its written approval of he c:lesign and exterior plans of such alteration, or additions. -2- A rr DORSEY, MARQUART, WINDHORST, WEST a HALLADAY DONALD WEST THOMAS M- BROWN 2400 F I R S T NATIONAL B A N K B U I L D I N G LARRY L- VICKREY WALDO F MAROUART CORNELIUS D- MAHONEY LOREN R KNOTT JOHN W- WINDHORST THOMAS S. ERICKSON MINNEAPOLIS, MINNESOTA 56402 PHILLIP H. MARTIN REESE C. JOHNSON HENRY HALLADAY JULE M.HANNAFORD WILLIAM C- BABCOCK MICHAEL E.BRESS JAMES T HALVERSON ARTHUR B_WHITNEY PAUL G -ZERBY CHARLES J. HAUENSTEIN RUSSELL W LINDQUIST RAYMOND A. REISTER (612) 333-2151 CHARLES A. GEER DAVID R- BRINK JOHN J. TAYLOR JOHN C. ZWAKMAN HORACE HITCH BERNARD G. HEINZEN CABLE: DOROW JOHN R. WICKS VIRGIL H- HILL WILLIAM J- HEMPEL EUGENE L.JOHNSON ROBERT V. TARBOX JOHN S HIBBS JOHN W. WINDHORST, JR. DcFOREST SPENCER ROBERT O. FLOTTEN 1432 W —FIRST NATIONAL BANK BUILDING MICHAEL PRICHARD ROBERT J. JOHNSON JOHN D. LEVINE ST. PAUL, MIN N ESOTA 66101 WILLIAM R. SOTH M -B. HASSELOUIST ROBERT J. STRUM (612) 227 -6017 THOMAS R. MANTHEY PETER DORSEY MICHAEL A -OLSON RICHARD G_SWANSON GEORGE P. FLANNERY LARRY W- JOHNSON FAITH L-OHMAN CURTIS L.ROY THOMAS S. HAY DAVID A. RANHEIM ARTHUR E.WEISBERG G -LARRY GRIFFITH JONATHAN VILLAGE CENTER ROBERT J- SILVERMAN DUANE E.JOSEPH CRAIG A- BECK CHASKA, MINNESOTA 55318 JAMES M. KLEBBA FREDERICK E -LANGE DAVID L. MCCUSKEY (612) 448 -4012 WILLIAM P HIBBS JAMES B.VESSEY THOMAS O -MOE JOHN D -KIRBY WILLIAM A_WHITLOCK JAMES H- dMAGAN PHILIP E BOELTER E. J. SCHWARTZBAUER MICHAEL W. WRIGHT WILLIAM B -PAYNE October 27, 1971 Village of Edina 4801 West 50th Street Edina, Minnesota 55424. Re: All that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County of Hennepin, lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated West 68th Street as dedicated in the plat of "York Terrace" and its Westerly extension and lying Northerly of a line drawn parallel with and 140 feet South of, as measured at right angles to, said South line of vacated West 68th Street and its Westerly extensio Gentlemen: BRUCE W. BURTON JAN D- STUURNANS R. A. SCHWARTZBAUER DAVID N- FRONEK THOMAS W- TINKHAM JON F TUTTLE EARL L. DEVINE ROBERT A- "El BERG EMERY W- BARTLE MICHAEL J- RADMER CURTIS L.STINE MICHAEL TRUCANO WILLIAM J- KEPPEL JAMES A_FLADER WILLIAM A- JOHNSTONE WILLIAM E -BROEN STEPHEN &GODDARD OF COUNSEL DAVID E- BRONSON LEAVITT R. BARKER We have examined the title to the above described premi es as shown by that certain Registered Property Abstract certified to Oc obBa 20, 1971 at 7:00 o'clock A.M., by Title Insurance Company of Minnesota Based upon such examination we are of the opinion that as of October 20, 1971 at 7:00 o'clock A.M., the fee title to said premises was vested in RED OWL STORES, INC., free and clear of all liens, charges and encumbr nces, except as follows: 1. Subject to restrictions relating to use and improve ent of the property, effective for thirty years from April 30, 1971, as s own in Deed Doc. No. 995935, filed with Registrar of Titles. A copy of s id Deed is attached hereto. Restrictions contained therein are those whic Dayton Development Company, the grantor in said Deed, has, more or less u iformly, imposed upon all properties on the periphery of the Southdale area. These restrictions have previously been reviewed by the Village and have been determined to be unobjectionable. The restriction contained in F ragraph 5, however, must be released of record. 2. An easement to the Village of Edina for utility an drainage purposes including sanitary sewer, storm sewer and water lines da ed August 25, 1965 and filed December 30, 1965, as Doc. No. 834115, Files o the Registrar of Titles, Hennepin County, Minnesota. Said easement i over the following described property: a I DORSEY, MAROUART, WINDHORST, WEST & HALLADAY Village of Edina Page 2 October 27, 1971 That part of Tracts F and R, Registered Land Survey Number 629 described as follows: A 20 foot wide strip of land lying Easterly of and abutting the Easterly line of York Avenue (being Tracts D & S Registered Land Survey Number 629) and running from the South line of said Tract F to the East line of Tract R, Registered Land Survey Number 629 excepting however from the above property that part of said Tract F lying South of a line drawn parallel to the South line of said Tract F and distant 220 feet North of the South line of Tract F as measured at right angles to said South line. 3. Taxes payable in 1971 and prior years have been paid. This opinion is limited to the matters shown by said Registered Property Abstract and records referred to therein. All matters not so shown are excepted from this opinion and include (a) rights of any parties in possession, (b) possibility of liens for improvements i process or completed on the premises within the last ninety (90) days, (c) general zoning and building laws and restrictions, (d) special assessments, (e) matters which an accurate survey of the premises would disclos , and (f) security interests in crops or fixtures, under Chapter 336, Mi nesota Statutes, not appearing in the Abstract of Title (or on the Registered Property Abstract). TSE:bp Very truly yours, DORSEY, MARQUART, WINDHORST, WES & HALLADAY By f,7 ► Thomas S. Erickson RESOLUTION WHEREAS, the following described property is at present a single tract) of land: All that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County of Hennepin lying South of a line drawn parallel with and 40 feet South of as measured at rig t angles to the South line of vacated West 68th Street as dedicated in the plat of "York Terrace" and its Westerly extension and lying Northerly of a line drawn parallel with and 140 feet South of as measured at right angles to said South line of vacated West 68th Street and its Westerly extension; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: The Westerly 270 feet of the following described parcel: A 1 that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County of Hennepin, State of Minnesota, lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated West 68th Street as dedicated in the plat of "York Terrace" and its W sterly extension and lying Northerly of a line drawn parallel with and 140 feet South of, as measured at right angles to, said Sou h line of vacated West 68th Street and its Westerly extension; and All that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County of Hennepin, State of Minnesota, lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated W st 68th Street as dedicated in the plat of "York Terrace" and its Westerly extension and lying Northerly of a line drawn para lel with and 140 feet South of, as measured at right angles to, said South line of vacated West 68th Street and its Westerly ext nsion, except the West 270 feet. WHEREAS, it has been determined that compliance with the Subdivision nd Zoning Regulations of the Village of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinances Nos. 811 and 801; NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of said Parcels as separat tracts of land is hereby approved and the requirements and provisions of Ordinance No. 811 and Ordinance No. 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by those or inances. ADOPTED this 20th day of March, 1972. -2- STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS VILLAGE OF DINA ) CERTIFICATE OF VILLAGE CIE 1, the undersigned duly appointed and acting Village Clerk for the Vi lage of Edina, do hereby certify that the attached and foregoing resolutio was duly adopted by the Edina Village Council at its Regular Meeting of 11 rch 20, 1972, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said Village this 21st day of March., 1972 Village Cleric