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HomeMy WebLinkAbout1638November 3, 1972 Yr. Jarl Dalen Finance Director City of Edina Edina, Minnesota 55435 Dear I-Ir. Jarl Dalen: Enclosed is an executed copy of the easement and free passage agreement for the property located at 6803 fork Avenue South, Edina, Minnesota 55435. Thank you for your cooperation on this matter. Sincerly, Lee Larson enc. LL :dc THIS AGREEMENT, made and entered into this 6th day of July , 1972 by and between NORTHWESTERN NATIONAL LIFE INSURANCE COMPANt, a Minnesota corporation, (hereinafter called "Northwestern "), the VILLAGE OF EDINA, a Minnesota muni- cipal corporation, (hereinafter called "Edina "), and TITUS INC., a Minnesota.corporation, (hereinafter called "Titus "); WITNESSETH: WHEREAS, the parties hereto have previously entered into an easement and free passage agreement dated January 4, 1972 , which agreement was recorded in the office of the Hennepin County Registrar of Titles on the 9th day of March, 1972 , as Document No. 1024734 ; and WHEREAS, Titus has acquired the property adjoining the Northwestern tract on the south and the Edina tract on the waa`s'�t and legally described in Exhibit "A" attached hereto (herein- after called the "New Titus Tract "), upon which Titus intends to construct a retail store and appurtenant parking facility; and WHEREAS, it is the parties desire and intent to amend the easement and free passage agreement to include the New Titus Tract. NOW, THEREFORE, in consideration of the covenants and agree- ments herein made and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, the parties hereto agree as follows: 1. That neither Northwestern, Edina nor Titus shall con- i d> struct or maintain, at any time, on the common boundary between, the properties any fence, wall or like barrier which impedes or obstructs the free passage of pedestrians or vehicles between the various tracts, provided, however, that the parties may erect such temporary barricades as may be necessary from time to time in connection with construction of buildings and other improve- ments upon their respective tracts and that buildings and like improvements on their respective tracts shall not be prohibited by the foregoing provisions of this paragraph. 2. Each party agrees that the easements granted in para- graphs 4 and 5 of the easement and free passage agreement shall include the New Titus Tract and its respective Benefited Parties and likewise Titus grants to Northwestern and Edina a non- exclu- sive easement for parking and pedestrian purposes as provided in paragraph 5 thereof. 3. The easement .and free passage agreement except as herein amended, shall remain valid and subsisting and shall apply to the New Titus Tract. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. IN PRESENCE OF: NORTHWESTERN NATIONAL LIFE INSURANCE CO. v r i Its B. M. F051rr Vice Presider) , , , VILLA OF EDINA Its TITUS, INC. By 9ts ue, -2- c .�� i F STATE OF MINNESOTA ) .) ss. COUNTY OF mx_l v On this L/t/ day of 1972, before me, a No- tary v „h_i ��; t�jj n -anti .for said County, personally appeared ah, U to me personally gown, , being by me duly sworn did say that he is the of NORTIR7ESTERN 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 signed and sealed in behalf of said corporationnb'y__au1-1:�orjjty of its Board of Directors and said acknowledged said instrument to be the free act and deed of said corporation. ota y Public Notary Public, Henmri aunty, M'nn My Cvmmbsion F-SpireqjAumy 26,1978 STATE OF MINNESOTA ) ss: COUNTY OF ) On this Ae`�- day of 1972, before me, a Notary P blic within and for aid County, personally appeared ,_.d, v to me personally-known, who, being by - Zee -- duly- -sworn dial say aC�-hej &sA-the of the VILLAGE OF EDINA, the municipal corporation name_ in the foregoing instrument, and that the seal affixed to said instru- ment is the corporate seal of said corporation, and that said in- strument was signed and sealed in behalf of said corporation by authority of its Village Council and said'' acknowledged said instrument to be the free a t and deed of said . cor oration P , AR ENE D, WEST NOTARY PUBLIC . Pv11i,k'\10TA Luii HENNEPIi'J COUN "[Y :•: .... P+i COmri, sia fv.,;• - 77. !f Notary Publics °4v'"�fsv�rvvvvwvv i STATE OF MINNESOTA ) ss. COUNTY OF )-" On this ,�(� day of , 1972, before me, a Notary Public w thin-and for s d C nty, personally appeared to lie p son 34y known, who, being by me duly sworn did s y that he is the �. of TITUS, INC., the c poration named in the oregoing instru- ment, and that the seal affixed to said instrument is the cor- porate 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 acknowl- edged said instrument to be the free act and.deed of s d cor- poration. of aNy NANCY L. JOHNSON NOTARY PUBLIC — MINNESOTA HENNEPIN COUNTY — 3- Commission Expires Mar. 20, 1979 v To Amendment to Easement and Free Passage Agreement Between Northwestern National Life Insurance Company, the Village of Edina and Titus, Inc. The undersigned, mortgagee of the Titus Tract as described in the Easement and Free Passage Agreement, as evidenced by Docu- ment No. 1012440, Files of the Registrar of Titles, Hennepin County, Minnesota, hereby joins in the Amendment to the Easement and Free Passage Agreement for the purpose of agreeing to be bound, and it does hereby agree to be bound, by the terms and conditions of said agreement. Dated: - In Presence Of: ERN NATIONAL BANK SOUTHWEST STATE OF MINNESOTA ) ) ss• COUNTY OF HENNEPIN ) NORTHWEST By �z t1�' I By On this day of E 1972, before me, a No a y Pub ' c withi , and for sa Count_ ersonally ap?�eared } ... I� an � ?, to me personally known, who, bein ach y me duly swornandd ay •t� thy are respectively the h� d1 �p zL of N01D, HTIESTERN N%�TIONAL BANK SOUTHVIEST, the association named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said associa- tion, and that said instrument was signed and sealed in behalf of s 'd associatior> by authority o i,s Boa d f Directors and said �et �to and acle ged�said instrumn be the free act and deed of sa,i�,aSsoc` iation. Notar ublic BETTY F HO'LS vENt.` ..7! Notary Public, Hennepirir My Commission Expires Mat'_Jl, 579. CONSENT To Amendment 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 Northwestern Tract as described in the Easement and Free Passage Agreement 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 Pas- sage Agreement, as evidenced by Document Numbers-868602, 995935 and 1012439, respectively, hereby consents-to the granting of the easements and rights set out in the attached Amendment To Easement and Free Pass //age Agreement. Dated: a & aZ I47Presence of: YTO DEVELOP M T COMPANY Its .STATE OF MINNESOTA ) _ ) ss. COUNTY OF HENNEPIN.} On this day of 1972, before me, a Notary Public and fo said County, p rs nally appeared /�,;ithin and e personally known, who, being each by me duly sworn, did say that they are respectively the . . . . ' . and f DAYTON DEVELOPMENT COMPANY, the corporation named in the f regoing instrument, and that the•seal affixed to said instrument is the corporate seal of said cor- poration, and that said instrument was signed and sealed-in be- half of said; corporation by authority -of its oard of Directors and said 4k ? ' " , 11 Y, 'C,l and acknowledge'- said instrument to be the free act and d,tp�ek of'said , corporation. Notary Public Notary y CONSENT OF LESSEE To Amendment to Easement and Free Passage Agreement Between Northwestern National Life Insurance Company, the Village of Edina and Titus, Inc. The undersigned, lessee of the "New Titus Tract", as des- cribed in the Amendment to the Easement and Free Passage Agree- ment to which this consent is attached, hereby joins in said amendment for the purpose of agreeing to.be bound, and does hereby agree to be bound, by the terms and conditions of said amendment and said Easement and Free Passage Agreement. Dated: �► In Presence 'of : .STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) this � day of �..... 1972, before me, a On Notary Public within and for said County, p ersonally appeared and �CIVtI./r%-'`7' to me personally }mown, who, being each by me duly sworn, did and that they are respectively the �P i ti i 4' PROS i DG of TWIN CITY FLOORS, INC., the cor- po ation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said cor- poration, and that said instrument was signed and sealed in behalf of said co oration by authority of its Board of Directors and said . (�i iy fZ� z5 I Cr �1% and... I acknowledged said instrument to be the free act and deed of said corporation. Notary Pub1Z HARRIETTE M. DIBBS Notary Public, Hennepin County, Minn. my Commission Expires May 10, 1974. 1. y 'CONSENT OF LESSEE To Amendment to Easement and Free Passage Agreement Between Northwestern National Life Insurance Company, the Village of Edina and Titus, Inc. The undersigned, lessee•of. the Northwestern Tract as des- cribed in the Easement and Free Passage Agreement, hereby joins in said Amendment to 'Easement and Free Passage Agreement for the purpose of agreeing to be bound, and it does hereby agree to be bound, by the terms and conditions of said agreement. Dated:_ • In Presenc f: RED OWL STORES, INC. --, By It �ll.0 By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIt1 ) On this ' day of 1972, before me, a Public �a tnin and fo sai County, personally appeared Notary to an me duly sworn , did say m personal krio «n, cvho, being e.'r" y th`�t ifhey` 9 respectively the _ a <, and ' of RED OWL STORES, NC., 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 sai orpor•- a n by authority of its Board of Directors and said a nowledged _.. and......... said instrument to be the free act and If: eed of said co oration. P. NANCY. L. JOHNSON u NOTARY PUBLIC --MINNESOTA HENNEPIN COUNTY My Commission Expires Mar. 20, 1979 w r EXHIBIT "A" 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 exten- 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 except the Westerly 270 feet thereof. f t tvP4 -la -Ear Eitclzs� -� 16� 1638