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HomeMy WebLinkAbout1621EASEMENT AND AGREEMENT THIS INSTRUMENT, made this day of 1 1 ,1_ Y , 97 , by NINE MILE VILLAGE, a limited partnership, and THE FIRST NATIONAL BANK OF SAINT PAUL, a United States Corporation, (hereinafter called "Bank ",), parties of the first part, and VILLAGE OF EDINA, a Minnesota municipal corporation, (hereinafter called "Edina "�, party of the second part; W[DMEAS, Nine Mile Village is the owner of all of the lots in the plat of Nine Mile Village in the Village of Edina, according to the recorded plat thereof, Hennepin County, Minnesota, and the Bank is the holder of a mortgage on all of said lots in the plat of Nine Mile Village; and WHEREAS, in connection with the development of said plat of Nine Mile Village, Edina has requested, and parties of the first part have agreed to give, the easements and agreements herein contained. NOW, THEREFORE, for and in consideration of One Dollar ($1.00) and other good and valuable consideration to each of the parties in hand paid, the receipt and sufficiency of which is hereby acknowledged by all parties, the.parties hereto do hereby agree as follows: 1. The parties of the first part do hereby Grant, Bargain, Sell, Convey and Warrant to said party of the second part an easement in perpetuity for all utility and drainage purposes including, but not being limited to, sanitary sewer, storm sewer and water pipes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing said utility and drainage systems in, under and upon the lots in said plat of.Nine Mile Village, described on Exhibit A attached hereto and hereby made a part thereof, according to the recorded plat thereof, Hennepin County, Minnesota, and also including, but not being limited to, the right to enter upon said lots described on said Exhibit A to shut off water service and to remove shrubs, sod and trees and to open up and excavate under any parking lot, driveway ,V� �i• fir'' '�r�. or private street then on said lots in connection with the exercise of any rights hereby granted. It is the intention and agreement of the parties hereto that the party of the second part, in connection with the exercise of any of its rights hereby granted, shall replace any shrubs or sod which are or is removed, and repair any such parking lot, driveway or private street to as nearly as possible the same condition it was in before such exercise. It is understood and agreed, however, that Edina shall not have any obligation to construct or maintain any storm sewer or drainage system under, or upon, or serving, the property platted as Nine Mile Village, such obligation to construct and maintain a storm sewer and drainage system, including all pipes and ponds related thereto, being that of Nine Mile Village and the Association. 2. It-is understood and agreed that Edina may levy taxes and special assessments against the lots described on said Exhibit At and also against Lot 1, Block 22, said plat of Nine Mile Village, pursuant to its normal taxing and assessment procedures, or may, at the discretion of Edina, from time to time, divide the taxes and special assessments that would otherwise be levied against the lots described on said Exhibit A and said Lot 1, Block 22, among the other lots in said plat of Nine Mile Village and levy such taxes and assessments in equal amounts against said other lots. It is further.understood and agreed that if, for any reason, any taxes or special assessments levied against lots or said Lot 1, Block 22 described in said Exhibit A� are not paid when due and become delinquent, such delinquency shall be deemed a delinquency as to all of the lots described on said Exhibit A, said Lot 1, Block 229 and all of the other lots in said plat of Nine Mile Village,in an amount equal to the total of all such delinquent taxes and assessments and all interest, costs and penalties charged due to such delinquency, enforceable, in the same manner as other delinquent real estate taxes, against all of the lots described in said Exhibit A. said Lot 1, Block 22 and all of the other lots in said plat of Nine Mile Village. 3. It is understood and agreed that the road beginning at the intersection of Olinger Boulevard and extending Southerly and Southwesterly to the Northwesterly line,of said plat of Nine Mile Village, and described as followa: -2- i •t, An easement for roadway purposes lying within Government �dX \ Lot 1, Section 59 Township 116, Range 21 and the South- west one - quarter (SW 1/4), Section 32, Township 1179 net Range 21 and being eighteen (181) feet each side of the following described centerline commencing at a point on the East line of Government Lot 1, distant thirty -three (33') feet South from the Northeast corner of said Gov - ernment Lot 1; thence North 88 degrees, 57 minutes, 55 ' seconds West parallel with said North line, a distance of 265.00 feet; /thence Southwesterly along a tangential curve to the left, having a radius of 200.00 feet and a central angle of 41 degrees, 39 minutes, 40 seconds, a distance of 145.42 feet to the point of beginning of said centerline of roadway; thence Northeasterly along a curve to the right (having a radius of 124.86 feet, delta angle. of 31 degrees, 50 minutes, 38 seconds and a chord bearing of North 43 degrees, 26 minutes, 19 seconds East), a dis- tance of 69.39 feet to the South right -of -way line of West Sixty- Second Street; thence continuing on the same curve (having a radius of 124.86 feet, delta angle of 31 degrees, 40 minutes, 27 seconds and a chord bearing of North 75 degrees, 11 minutes, 52 seconds East), a dis - tance'of 69.02 feet; thence South 88 degrees, 57 minutes, 55 seconds Eas�t tangent to said curve, a distance of 102.96 feet;/thence Northeasterly along a curve to the left (having a radius of 89.77 feet, delta angle of 32 degrees, 54 minutes, 23 seconds and a chord bearing of North 74 degrees, 34 minutes, 52 seconds East), a dis - tance of 51.55 feet to the North line of Government Lot 1, Section 5, Township 117, Range 21 (said point being 134.43 feet West of the Northeast corner of said Govern- ment Lot 1 and on the centerline of West Sixty- Second Street); thence continuing into the North half of West Sixty- Second Street on the same curve (having a radius of 89.77 feet, delta angle of 20 degrees, 01 minutes, 39 seconds and a chord bearing of North 48 degrees, 06 min- utes, 55 seconds East), a distance of 31,38 feet to the Southwesterly right -of -way line of Olinger Boulevard as presently located and there terminating. Also that part of Government Lot 1, Section 5, Township 116, Range 21 described as commencing at a point on the East line of said Government Lot 1 distant thirty -three (331) feet South from the Northeast corner of said Gov- ernment Lot 1; thence North 88 degrees, 57 minutes, 55 seconds West parallel with said North line, a distance of 265.00 feet; thence Southwesterly along a tangential curve to the left, having a radius of 200.00 feet and a central angle of 41 degrees, 39 minutes, 40 seconds, a distance of 145.42 feet to the point of beginning; thence continuing on the same curve having a radius of 200.00 feet and a central angle of 12 degrees, 29 minutes, 40 seconds, a distance of 43.61 feet; thence Northeasterly along a curve to the right (having a radius of 142.86 feet, delta angle of 17 degrees, 03 minutes, 54 seconds and a chord bearing of North 18 degrees, 59 minutes East), a distance of 42.55 feet; thence South 62 degrees, 29 min- utes East, a distance of eighteen (181) feet to the point of beginning. is a public road and shall be constructed and maintained by Nine Mile Village.. and by any association of homeowners (hereinbefore and hereinafter called the -3- i "Association ") now or hereafter formed or created in connection with the townhouse development in the property in the Village of Edina platted as Nine Mile Village. Said construction shall be done pursuant to plans and specifications approved by, and under the supervision of, Edina, and such maintenance shall include, but not be limited to, snow removal and shall be done and made pursuant to and in accordance with Edina's standards for public streets. Nine Mile Village and said Association shall also landscape the area between the Northerly line of said plat of Nine Mile Village and the improved road now or, hereafter existing on the above described strip and maintain such landscaping. The land- scaping shall be done pursuant to plans approved by, and under the supervision. of Edina, and the maintenance of the landscaping shall be done and made to the reasonable satisfaction of Edina. If any such construction or maintenance is not done as herein required, then Edina may do the same and the cost thereof, with interest at the rate then charged by Edina in connection with other special assessments, may be levied by Edina against the lots in said plat of Nine Mile Village, other than those described in Exhibit A attached hereto, and other than said Lot 1, Block 22, in equal amounts, in the same manner as, a special assessment, but without any notice whatsoever being,required, to be paid in full with the real estate taxes becoming payable in the calendar year next following,the year such costs are so levied, and such assessments shall be a lien against said lots to the same extent as real estate taxes and enforceable in the same manner that payment of delinquent real estate taxes is enforced. It is further agreed, however, anything herein to the contrary notwithstanding that Edina has and shall have the right, at anytime, without liability to Nine Mile Village, the Association, Bank or their successors or assignees to extend or have extended said public road so as to permit public use and access to properties other than that platted as Nino Mile Village, or to use all or any part of such landscaped area for any purpose desired by Edina, and upon Edina extending and using said public road or taking physical, continuous possession of all or any part of said landscaped area, then Edina shall execute a release, releasing Nine Mile Village and the Association from � I i ' I such maintenance obligations as to those parts of the road and landscaped area so used and taken by Edina, and upon the filing for record of such 1 release, the obligation of Nine Mile Village and the Association to maintain such portion of said road and landscaped area shall thereupon cease, j i 4. Nine Mile Village and Bank further agree that no trees shall be planted on any of the lots described in Exhibit A without the prior written consent of Edina. The purpose of this covenant is to prevent i location of trees so as to hamper, hinder or increase the costs of' j construction and maintenance of utilities located in, under and upon the lots described in said Exhibit A. i 5. The agreements and provisions of this Easement and Agreement 4� shall be deemed covenants running with the land and shall bind all present and future owners and encumbrancers of lots is said plat of Nine Mile Village, �II 6. Execution of this agreement by First National Bank of Saint Paul, as mortgagee is given to acknowledge consent without obligation to perform any responsibilities created by this agreement. Ij w I y Y This instrument is exempt from State Deed Tax. IN WITNESS WHEREOF, the parties hereby have caused this instru- ment to be duly.executed the day and year first above written. In Presence of: r corporate STATE OF MINNESOTA SS, COUNTY OF RAMSEY Nine Mile Village, a limited partnership Harold B. Dokmo, Jr / a general par The First National Bank o Saint Paul By �� Its/ V I C f''e A-S, Vi By hX On this ,5th day of October , 1971, before me a notary public within and for said County, personally appeared HAROLD B. DOIGIO, JR., to me personally known, who, being by me duly sworn, did say that he is a general partner of Nine Mile Village, a limited partnership, named in the foregoing instrument; and that said instrument was signed on behalf of said limited partnership by authority of its partners; and said HAROLD B. DORMO, JR. acknowledged said instrument to be the free act and deed of said limited partnership. JOHN D. McDONALD STATE OF MINNESOTA Notary Public, Ramsey County, Minn. SS. My Commission Expires May 12, 1977. COUNTY OF RAMSEY On this 5th day of October , 1971, before me a notary public ti within and for said County personally appeared E. J. Welsch and Fred Horsmann,,dr. to me personally known, who, being each by me duly sworn did say that they are respectively the Vice Pres. and the Real Officer -6- I of THE FIRST NATIONAL BANK OF SAINT PAUL, an association named'in the fore- going instrument, and that the seal affixed to said instrument is the seal of said association, and that said instrument was signed and sealed in behalf of said association by authority of its Board of Directors and said E. J. Welsch and FredHorsmann. Jr. acknowledged- said instrument to be the free act and deed of said association. 2z r R. J. HAUa Notary Public, Dakota County, Minn. STATE OF MINNESOTA My Commission Expires Jan. 16, 1916 SS. COUNTY OF HENNEPIN On this 0'6� day of —X r, 1 971/, before me a notary public within and for said County personally appeared GL Zc�s ���`� ,� and r to me personally known, who, being each by me duly sworn did say that they are respectively the y,.. �. and the of the VILLAGE OF EDINA, a muAicipal corporation named y in the f egoing 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 Village Council and said _ 1� emu, and _/1� <� « cam acknowledged said instrumen- to be the free act and deed of said association. / VONICE LOGEFEIL' t' s Notary Public, Hennepin County, Mimi. My Commission Expires Apr. 6. 1978. ` 7y: i ,I EXHIBIT A Lot No. Block c k No_ Addition 5 1, Nine Mile Village ti 6 2 n n n 5 n 7 4 If n it f 7 5' ` to of It 6 n of n i5 5 7 I It n n' i 7 8 If it 7 9 n u u f 5 10 4 11 n n n 4 12 to If it .5 13 n n n i 6 14; If n it F 6 15 It If n 5 16 i 6 17 n n n 5 18 n n n 5 19 u n n Y 8 20 n n n 4 21 1 23 n a n