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HomeMy WebLinkAbout1965,m a 77a 7, IA i�w otatr an Id (O I 4 1454"N At :rr TO AGREEMENT (Mutual Easements THIS AMOKENT made this OiC/ day of 1915, by and between GRANDVIEW C=SMCTION Co"PANY. a Minnesota corporation ( bereinafter called "Craodvie e), and crrT of EDIHA, a Minnesota a.micipal corporation (hereinafter called "Edina "). N. L O � a J d D �.n Y\ 5 yep! VITMESSE':H TWI WHERW, Grandview and gdina did eater into an Agreement Qbtosl Easements) dated December 31. 1910. and filed iaonary 4. 1971, in the office of the Registrar of Titles. Hennepin County, Mimesota. as Do"Mant So. 988032, said r*Larda,d 3annaty 6, 1971. in the office of the Register of Deeds. Hennepin Coonty, Minnesota. as Document Ho. 3666612 (the gent"'); atd ygw.REAS. Grandview and Edina aow desire to amend said Agreement in the manner hereinafter Set out. NOW. THEREFORE, in consideration of One ($1.00) dollar and other good and valuable consideration to each party hereto In head paid, the receipt and sufficiency of which Consideration is hereby acknowledged by Crandview and Edina. Grandview and Edina hereby agree as follows: 1. The easements and other rights granted to Grandview and by said Agreement are hereby terminated as of the date of this Amendment ss to the following described property: Traci C. Registered Land Survey Wo. 1335 , Piles of the Registrar Of Titles, Hennep in Cwt,, Minnesota; ALSO: J giwsa parts of Lots ll. 12. Block 4. and Lots 23 and 24. Block 3. Grand View Heights. and of Summit Avenne vacated. lying within • strip of lend 20 feet in width. the centerline of which is described p as follows: Beginnin3 at a point in thereof; east tine of eaid Lac 23, ' distant 20 feet earth of the southeast corner thereof: theme westerly to a point In the west line of said Lot 23.distant 52 feet T rth of the soatbreet Corner thereof: thence westerly on an e:temstoe of last described COO--** to the aastacly y No- S. sed there termimat lnt. U.0 of state aigla+y BLIC RECORDS klecorder the above eo�f Al-45 �� .e � - - 4-7-B— thereof, and jaw -( ounty Recorder County of Hennepin, Siate.of Minnesota y Deputy If ar rec an( Id to 1° 2. All other terms mod conditions of the Agreearmt, as to all other property affected therebys shall be and remain in full force and effect. IN WITNESS WMWF, the parties hereto have executed this Amend - went to Agreement Mutual Easements) the day sod year first show& written. I ' �44%'� per.... S M am isz DQE ago=: @@ Go. k"kp' ) SS. COUWT or IN ) QtANDVm Com> mom CaMPANS by mad • � '�-_.. Its _— The foregoing instrtsent sckna dgsd efove me this day f 1975, by _ and as f'� — -.69- s mid CMr respectively. of GRAXDPIEii CMM=Cr=, a Mianasote Corporation. on behalf of the corporation. ROSEMARY L GRM.G4 `�1 . ' :tY"�1.�"'� +'J Noh.Y P�`rr. Menneprr CeuMY. Mprn. T v - tLi Crnmmns�. � E+tiares Mar. 36. 346. ' srm OF UXKN SM the f Ding iastrummt was sclmarledged before me thii �l day of �� A _�, 1975. by JAS WAS VALXEKK iG end PIARtMM NALTMW. mayor s4-clerk. respectively. of the CM OF EDIKAi a Nlenceota mmicipal corporation; that the moat affixed to Said Justrwoment La the coevocote seat of ..id .uaitipalit,. sad that amid n was aled [rumeas signed end se In behalf of said _ *p&fry by aotbority of its City Cogged, mA said lsstrw.mt is tba free act and dead of said mamicipality. . tw in.nmw...+et 40+aa br t!e -aw.. �oil+or0. W.'t 3 :'fa�sdaY eitr•••••y RANCE • J. GRINLEY •• FRANCES J. GRfNI.EY 2 <Vj is : awrsi Ssni a d� /f; saun.uatc • rnsasaA OWJ4"EPW COUNTY MPWMde 35402 w c. i a hm ti nrr BLIC RECORDS tecorder -- the above as age 4145478 thereof, and 1 by law 1 =(p Courfty R'6corder County of Hennepin; State`, of Minnesota t r CONSM i JERRY'S ENTERPRISES, INC., a Minnesota corporation, contract for deed purchaser of the property described in the Agreement (Mutual Easements) dated December 31. 1970„ between Grandv!ew Construction Company and Village of Edina, does hereby consent to all of the terms and conditions contained in, and easements created by. the Agreement (Mutual Easements), and to the Amendment thereof between Grandview Construction Company and City of Edina to which this Consent is attached; and further agrees that its right, title, and interest in aad to the property described in said Agreement (Mutual rase- . meats) shall be subject to the ter>,s and conditions of, mad easements created by, said Agreement (Mutual Easements), as amended by the Amendment hereto attached. Dated: 1975. 3�'81i4� 0.;t '' ✓ JEM % ERPRI UK 0\T t e• r by Its STATE OF MINNESOTA ) ) SS. He COUNTY OF HMEPIN ) all ;�for ing instrument was acknowledged before se thisc l,. day of 1975, by _6f ..o A rove rc i and ree 5,r4 sic A.v.J Pau. -cr.J as (�/LEC.OE�T mad an 5E�4ETAXt respectively, of JERRY'S EMRPRZM, INC., a Minnesota corporation, on behalf of the rporation. I d er" L to GnrGOAr D. n'y"pIrso" .i ' _ - '� •; N—C F..14- ti.- C--.,: 15 BLIC RECORDS ecorder d the above eof as ge 4145478 . thereof, and �by law County R4corder County o, Hennepin, State: of Minnesota By Depute, '/, ( (, x.30 R He I and rec( and I d( to 1 15 iEtii LND LOAN ASSOCIATION, a United States of America corporation, mortgagee of the property subj ect to the Agreement cis (Mutual Easements) referrrd to to the Amendment to which this Consceer t s attached, as evidenced by mortgages of record s Document go- 1062771 in the office of the Registrar of Titles, and as Document No. . hereby C a office of the Register of Deeds, Hennepin County, Minnesots�reby aUS mnts to the Amendment to Agreement (Mutual Easements) to which this Consent is attached, and agrees that the term' and provisiws of its mortgages. am a=1 extensions and renewals there�4, shall be aubJect to the terms and conditions of, and easements created by, said Agreement (Muta"1 Easements)• as amended by the Amendment to Agreement (Mutual Easements) to which this Consent is attached' Dated: —J-- Q 1 BLIC RECORDS VI ATID tibll4' 21t�N ml _. . QL^1or (fir I RANSI Lk t;NTERED / s by is Vice etd�rlC JUN- 4 ;915 Fl 'ANCE H CPIN C Its D et ar SerrPty By d the above SPATE OF MIt+" 3ESOTA ) Ramsey ) SS• eof as COUNTY OF tfBtltit UA ) da of � _, 1975, before me, a tioLar'y On this GL_ y persons appeared John A• Hoffner public within end for said County, p q who, bei_g each by e 4145478 and Helen Ann Peters to me personally the are respectively the Vice President me duly sworn, did say that Y of MItLLESOTA SAVI2ZC= ANA LOAN and Asst Lag Secretary instrument. add that the thereof, and 1SSOCLATION, the corporation named in the forego oration, seal affixed to said instrument is the corporate seal of said Corp sad that said instrument was signed and sealed in behalf of said n co �y law by authority of its Board of Directors, and said the free act and and ,._ __ n..o hers acknowledged said Jost meat to be - deed of said corporation. j HY }.•..�: � :. L = R 17. 74K� s L`ounty R660'rder County of Hennepin, State'yof Minnesota By Deputy "'i, ( to Rte' tr Z,77 r. E or _ 0- W'.:•cso rj pf`144rV n! HENNrPIN 1 Mr :;y C. -.-Vy that ti.,, within Mst'ument way bird for rc­j in this otlice on the 11 day of .IUM A.D. 1015 at / C) ,.•-t..rgZy_ and was duly recorded in took +� ( of Henn.pin County Records pla ! 5,178 h-as, ER Of DEEDS By �i '� EptSTER MIM He . ,.',✓ OF PUBLIC RECORDS ty Recorder , ty of .- „- ..,.. -Liy compared the above and foregoing copy of Amendment to Agreement (Mutual with the record thereof as Easements) recorded in my office, in Book 75 of HCR page 4145478 and that the same is a true and correct photo -copy of the same, and of the whole thereof, and I do further certify that I am the officer in whose custody said record is required by law It, Irr kept. In N%`itnt-, %It hereof I hitve hereunto set my hand and official seal this 151:11 day A.D. 19 76 eounty R666rder County of, Hennepin, State', of Minnesota .t; Y Deputy { t iq &-15 • 11961fl66 qq -7 REGISTERED VOL_ 17U]__PAGfs s OFFICE OF REGiSTRAR OF TITLES STATE OF MINNESOTA COUNTY OF HENNENN hereby certify that the within instrument was filed in this ofii' on the i 27', day of OCT A.D. 1976 at %O o'clock 9_ M. REGISTRAR OF TITLES IJ6 DEPUTY REGISTRAR OF TITLES t2att Claim Deed. Form Pao. 30 -M. Miller-Davis Co., Minneapolis 1 Corr,oration to Indlvtdoal. Minnesota Uniform Convc ancin Blanks Revised 1974 )i.5 Made this ............. 15th................... ............................day of ... NomeiTlber............... 19....7..6..., between .......... he... CIW ... W..]MQ4A,....a.. �,c�,pad. ... cnrp r atio. n. ..........:..................................................... ............................... Jo �� U x€36 under the lazes o the State o / -�� f f ................... �??. �? X), c�. Q. �,. .............................., party of the first part, and __ ................... GRAM1 .VXZ T..GCYETEtK"Z'ION.. C.aT & ;Y.....and- JERRY'S... ARISES .,....INC.,.......GOrparations. _................... under... the... laws...of...the..state...of..�i z�nesot .......................................... ..............................: .. ............................... .................................................. I ............................. xa rr � x.................. . ................................................... ...................... Part ... Ies ...... of the second part, Witne55etb, That the said party of the first part, in consideration of the sun of --One and no /100 $1.00) DOLL.-IRS, ...................................................................................................................................................................................... ............................... to it in hand paid by the said part..Xe$ ....... of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim, and Convey unto the said parties ........ of the second part,..their...successm heirs and assigns, Forever, all the tract .... ; ....... or parcel ............ of land lying and being in the County of _..__.....Hennepin ............. ............................and State of Minnesota, described as follows, to -wil use parts of Lots 11, 12, Block 4, and Iots 23 and 24, Block 3, Grand View Heights, I al-id of Sum -Lit Avenue vacated, lying within a strip of land 20 feet in width, the centerline of which is described as follows: Beginning at a point in the east line of said Lot 23, distant 20 feet north of the southeast corner thereof; thence westerly to a point in the west line of said Lot 23, distant 52 feet north of the southwest corner thereof; thence continuing westerly on an extension of last described course to the easterly line of State Highway No. 5, and there terminating, yhis Quit Claim Deed is executed and delivered for the purpose of terminating and releasing- the easement created in that certain Easement for Public Driveway Purposes, ex-ecuted by parties of the second part, as Grantors, and party of the first part, as Grantee, dated Jane 3, 1975, and recorded in the Office of the Hennepin County iegister of Deeds on June ll, 1975, as Document No. 4145477, and in the office of the �-�-).nzepin County Registrar of Titles on August 12, 1975, as Document No. 1148903, and for the purpose of terminating and releasing the interest, if any, created in that certain Notice of Adverse Claim against Grandview Construction Canpany, executed by the City of Edina, dated August 2, 1975, and recorded on August 11, 1975, in the office of the Hennepin County Registrar of Titles, as Document No. 1148810. . Zo !,�abe drib t0 3�Otb the dame, Together with all the hereditanlcnts and appurtenances there- unto belonging or in anywise appe7,,taining, to the said part. A.......of the second partthei7t;'...succe.9.9= *r 4and assigns, Forever. ry 3j`ri ; vMmo np `tiiaereof, The said first party has caused these presents to be executed in its corporate name by its ............. 1�....... I'r�oeifl a and its ................ .Clerk........................ and its corporate seal to be hereunto affixed the day and year first above written. CITY INA By...... .. _ .. ...... ... . �f Its.......... Mayor... _ ............. ........ w By.:... �(� ......: ..I - - Q -e -- Its_ .......... Clerk..... ..... . Otate of tYit�e�OtA, ,s. County of .................Her epi. n.... ............................... The foreyoin.s instrument ((•as acknouledyed before me November this..15th... day of ..................................... ............................... , 19..... .7..6......., JAMES VAN VAI�TBURG(... ma. .yor. c................ ............................... ................. .................. ............................... by ....................... ....................... ... . (NAME OF OFFICER OR AGENT, TITLE OF OFFICER OR AGENT) a�ul by FWRENCE HAAr. BERG, Clerk, .......................................................................................................................................................................... ............................... (NA31E OF OFFICER OR AGENT, TITLE OF OFFICER OR AGENT) Of ................ ............................... CITY..OF...IDINA........ _. _...................: .............................................................................................. ............................... (NAME OF CORPORATION ACKNOWLEDGING) a Mi.mes0. . .'t.c1 ... mUnl. . .C.lpal . ........... corporation, on behal of the corporation. ........... ....... ............... (STATE OR PLACE OF INCORPORATION) 1 THIS INSTRUMENT WAS DRAFTED BY Gustafson, Gustafson & Adams, P.A. 7400 Metro Blvd, (Name) Edina, Mn. 55435 (Address) - lin �'✓� -•.L: mil' . • . .......... ... %t- 7 L -... .... .............. (S[G`ATCRE OF PERSO. TAKING KNOWLEDG�tE."� x x .......F A . ' GRINCEY ....... ................... !1 NOTARY PUBLIC • MINNESOTA HENNEPIN QLtNTY .......I ........ ..................._ ........................ My Commission Expi es June 28, 1977.L 5 ��TE l7EED 'T'i4X �cJ6 EX i 7- a - G ►'t fl N D t/ C G% C 6--'J .S T/L U C- T -7 CFO 04E77Z6 AL✓C>. ED A)A-, M 111 AJ E 567,9 W C � kLN � � w CI O I C�+ O :I :I c I � N : h A •Ii � � • � ` I{ � v I � V a n iL i q f 4I 1.a '� C+ C. � ii I � � C •N V .�' yJ o a v C 2 .� U CA v wu ZS R r. v : vc ti : L—! I •R c.i 1� G � N : h { a n i q f STATE OF MINNESOTA ) AFFIDAVIT OF WARREN C. HYDE COUNTY OF HENNEPIN ) WARREN C. HYDE, being first duly sworn, deposes and states as follows: 1. That he is now the City Manager of the City of Edina, Minnesota; that he has held such position continuously since 1953. 2. That in his capacity as City Manager, he is and has been aware of the activities of the City (formerly Village) of Edina in constructing and maintaining public roads, public streets, and other public thoroughfares within said City (formerly Village) of Edina. 3. That he knows. of his own personal knowledge that the City (formerly Village) of Edina, since at,least 1955, has con- tinuously used, kept in repair, maintained, and worked, as and for a public street and highway, including the construction, re- construction, maintenance, and repair thereunder of public sanitary sewer, public storm sewer, and public water lines, at least forty -five feet (45') of that certain strip of land sixty feet (60') in width, being the extension in a southerly direction of Brookside Avenue, as shown on and dedicated by the plat of Grand View Heights, according to the recorded plat thereof, Hennepin County, Minnesota, from the south line of said plat to the north line of Eden Avenue, in the City of Edina. 4. That the City of Edina, by reason of such use, repair, maintenance, and work, and by the authority of Minnesota Statutes, Section 160.05, claims a public road over, under, and across that part of said 60 -foot strip so used, repaired, main- tained, and worked as and for a public street and highway. A gLN C DE SUBSCRIBED AND SWORN TO before me this KIC day of November, 1976. jam____ i)i8, .t�.T­ - .. 6 - N jv� t, EXHIBIT 6 Paragraph 1. That part of Tract B, Registered Land Survey No. 1393 lying Northwesterly, Westerly and Southwesterly of the following described line: Beginning'at the most Northerly corner of said Tract B; thence South along the Easterly line of said Tract B, 15.86 feet; thence Southeasterly along the most Northeasterly line of said Tract B, a distance of 37.0 feet; thence Southwesterly deflecting to the -right 89 degrees for a distance of 163.0 feet; thence Southeasterly to a point in a Southerly line of said Tract B,,a distance of 71.5 feet East from the most Westerly corner thereof. Also that part of the adjacent portion of the East Half of *vacated Summit Avenue adjoining said Tract B, lying Northerly of the Westerly extension of the North line of Lot 24, Block 3, Grand View Heights, except that portion thereof taken for highway purposes_ Also that part-of•.Lot 24, Block 3, Grand View Heights, and the adjacent portion of the East half of vacated Summit Avenue, lying Westerly and Southwesterly of a line run from a point on the North line of said Lot 24, a distance of '71:5 feet East of the Northwest corner of said Lot - 24,.to.a point in the South line of said Lot 24, which point is located 129.50 feet East from the Southwest corner, of said Lot 24. Also Lot 23, Block 3, Grand View Heights and the adjacent portion of the East half of vacated Summit Avenue, and that part of the portion of the West half of vacated Summit Avenue, adjoining Lot 12, Block 4, Grand View Heights, lying between the Easterly extensions across said- Avenue of the* North line of said Lot 12 and the South line of said Lot 12, all of which lies Easterly of a line parallel with and 90 feet Easterly of the center line of State Highway No. 5, p except the ,-- following described easement: A 20 foot easement for driveway purposes over "and across the following described property: Lot 23, Block 3, Grand View Heights. _and vacated Summ:�it; Avenue lying between the Westerly extensions across said Avenue of the North line of Lot 24, Block 3, Grand View Heights and the South line of said Lot 23, Block 3, Grand View Heights, except that portion taken for Highway purposes, and Lots 11 and 12, Block 3, Grand View Heights, except that portion taken for Highway purposes; The centerline of said easement is described as follows: Commencing at the Southeast corner of said Lot 23, thence North along the East line of said Lot 23, a distance of 29.5 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 57 degrees 50 minutes 17 seconds,a distance of 23.29 feet; thence Westerly parallel with the North line of "f 9 0 f t'- h th said Lot 23 a distance o 8. T_- C_ , t ence Sou westerly deflecting to the left 55 degrees 13 minutes 30 seconds a distance of 42.0 feet; thence Northwesterly deflecting to the right 90 degrees to the Easterly right-of-way line of Vernon Avenue and there terminating. . a • t i • EXHIBIT 6 (con`t) Paragraph 2. That part of Lots 11 and 12, Block 4, Grand View Heights and the adjacent portion of the West half of vacated Summit Avenue, and that part of the portion of the East half of vacated Summit Avenue, adjoining Lot 23, Block 3, Grand View Heights, lying between the Westerly extension across said Avenue of the North line of said Lot 23-and the South line of said Lot 23, all of which lies Westerly of a line drawn parallel to and ninety (90) feet Easterly of the center line of County Road No. 158 (Vernon Avenue), except that portion taken for highway purposes, and except the following described easement: A 20 foot easement for driveway purposes over and across the following described property: Lot.23, Block 3, Grand View Heights, and vacated Summit Avenue lying between the Westerly extensions across said Avenue of the North line of Lot 24, Block 3, Grand View Heights and the South line of said Lot 23, Block 3, Grand View Heights, except that portion taken for Highway purposes, and Lots 11 and 12, Block 3, Grand View Heights, except that portion taken for Highway purposes; The centerline of said easement is described as follows-. Commencing at the Southeast corner of said Lot 23, thence North along the East line of said Lot 23, a distance of 29.5 feet to the actual point of . ' beginning of the line-to be described; thence Northwesterly deflecting to the left 57 degrees `l 50 minutes 17 second a distance of 23.29•.feet; thence Westerly parallel with the North line of said Lot 23 a distance of 98.0 feet; thence South- westerly deflecting to the left 55 degrees 13 minutes 30 seconds a distance of 42.0 feet; thence Northwesterly deflecting to the right 90 degrees to the Easterly right -of -way line of Vernon Avenue and there terminating .., CONSENT AND SUBORDINATION. MINNESOTA FEDERAL SAVINGS & LOAN ASSOCIATION, a.United States Corporation, Mortgagee of the property described in Exhibits 3 and 6 attached hereto, and other property, as evidenced by Document No. 4001905 filed with the Register of Deeds, and Document No. 1062771, Files of the Registrar of Titles, Hennepin County, Minnesota, hereby consents to the Party Wall and Easement Agreement to which this consent and subordination is attached, and agrees that'its rights as mortgagee under the above - described mortgage and under any other security instruments secured thereby or collateral thereto, shall be and are hereby made subject to and subordinate to the aforesaid Party Wall and Easement Agreement, and to the rights of the parties thereto, and the respective heirs, successors, assigns and mortgagees, to the extent of the benefits and rights conferred and granted in said instrument. Dated: �9? MINNESOTA FEDERAL SAVINGS & LOAN By -and- By Its QGS /s csr�� STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) �- On this 25th day of February , 1977, before me, a Notary Public, personally appeared Jay C. Gould and Marianne E. Rosenberg to me personally known, who, being by me duly sworn, did say that they are respectively the Vice President and Assistant Secretary of MINNESOTA FEDERAL SAVINGS & LOAN ASSOCIATION, a United States of America corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Jay C. Gould and Marianne E. Rosenberg acknowledged said instrument to be the free act and deed of said corpora- tion. Notary Public SHELDON r M.JENSEN NOTARY PUBLIC— MINNESofiA R. MSEY COUNTY my Commiss'" Expires FOb: 14, 1984. A M "N r CONSENT AND SUBORDINATION The MINNESOTA MUTUAL LIFE INSURANCE COMPANY, a Minnesota Corporation, Mortgagee of the property described in Exhibits 1 and 4 attached hereto, and other property, as evidenced by Document.No,. 3703807, filed with the Register of Deeds, and Document.No. 905021, Files of the Registrar of Titles, Hennepin County, Minnesota, hereby consents to the Party Wall and Easement Agreement to which this consent and subordination is attached, and agrees that its rights as mortgagee under the above- described mortgage and under any other security instruments secured thereby, or collateral thereto (including, without limitation, the assign- ment of leases and rents recorded as Document No. 3703808, Files of the Register of Deeds, and Document No. 905023, Files of the Registrar of Titles, Hennepin County, Minnesota), and under any other instruments secured thereby, or collateral thereto, shall be and are hereby made subject to and subordinate to the aforesaid Party Wall and Easement Agreement, and to the rights of the parties thereto, and the respective heirs, successors, assigns and mort- gagees, to the extent of the benefits and rights conferred and granted in said instrument. Dated: February 24, 1977 TheMINNESOTA MUTUAL LIFE INSURANCE COMPANY B I RAC/ f�l ANT ^� ;;, 9199F'B WGE PR�819R!T- -and - BY Its AU-4 NO"V SE-CiZETARY STATE OF MINNESOTA ) Ramsey )ss. COUNTY OF $ ) o On this 24th day of February, 1977, before me, a Notary Public, personally appeared Ray M. Antrim and Alan Notvik to me personally known, who, being by me duly sworn, did.say .at they are the 2nd Vice President and Assistant Secretary of / 1�elNESOTA MUTUAL LIFE INSURANCE COMPANY, a Minnesota corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument was executed in behalf of s aid corporation by authority of its Board of and that said .Ray M. Antrim and Alan Notvik Trustees acknowledged said instrument to be the free act and deed of said corporation. EVE O'GARY �_Atjv ( U ;�L )4=1' s� NoT�r pusuc - M�NpCTA No ry Public RAMSEY WUNTY My commNNan �w Mw. 7. Np w R � � Y i Yfir�Ci t, 9 yAA'...,ter YT"UOO Y3 !MAR x 1M! .► MINI IIN1axl n + ie!+nrr,7 �r.:• `' C O N S E N T Super Valu Stores, Inc., a Delaware corporation, Lessee under that certain Lease dated February 9, 1968, recorded February 20, 1968, in the office of the Register of Deeds 's Document No. 3702602 and in the office of the Registrar of Tit es as Document No. 905022, covering all or a portion of the property described in Exhibit 1 and Exhibit 4 attached hereto, hereby consents to the easements granted in and over the property described on said Exhibit 1 and Exhibit 4 pursuant to the provisions of that cer- tain Party Wall and Easement Agreement between Gerald A. Paulsen i and Shirley Ann Paulsen,Jerryrs Enterprises, Inch and Grandview Construction Company, to which this consent is attached, and agrees that the terms and provisions of its Lease shall.be sub- ject to and together with the provisions and easements therein contained and thereby created. SUPER U S ORES, TWC. B _ 1 Y Its we President an Ass" taut Secretary By Its -and- STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this day of , 1'97'7, before me, a Notary Public, persona�ppeared Charles D Dugan. to me pe sona ly known, who, being each by me duly sworn did say that t4k respectively the V" President and Assistant secretarya rd- of SUPER ULU the corporation named in the foregoing Consent, and that said instrument was signed in'behalf of said corporation by authority of its Board of Directors and said Ctoms o. Dugan, Y& &Old- acknowledged said instrument to be the free act and deed of said corporation. Notary /Public .�. KITTIE M. RUL .- i il. NOTARY p jSLIC « MINNESOTA H6NNOIN CC � *4 r ti� ` � _, �. .; vl ,,rpp�� NSRt ,a.t.rs�,M,e�q,a;1,� rw+�ry '1 r -� -77;5 P -/•�%, EASEMENT FOR PUBLIC DRIVEEJAY PURPOSES THIS INSTRUMENT, Made this �tb___ day of November , 1976, by and between GRANDVIE,1 CONSTRUCTION COMPANY, a Minnesota corpora- tion, and JERRY'S ENTERPRISES, INC., a Minnesota corporation, /?f parties of the first part ( "Grantors "), and the CITY OF EDINA, a S �S'Omunicipal corporation organized under the laws of the State of Minnesota, party of the second part ("Edina"). W I T N E S S E T H :. That Grantors, in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by' Edina, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to Edina a perpetual, non- exclusive, twenty (20) foot -wide easement for public driveway purposes in and over the property situate in the County of Hennepin and State of Minnesota, to --wit: See Exhibit A attached hereto. ( the "Easement Area ") . This Easement is subject to and together with the following terms and conditions, to which Edina, by acceptance hereof, hereby agrees: 1. Edina is also hereby granted the right to enter upon the Easement Area (and any Substitute Easement Area as below defined) at any and all times from and after the date hereof, with such men, equipment, and materials as it may deem necessary or desirable, for the purpose of constructing, reconstructing or repairing a public driveway upon said Easement Area or Substitute Easement Area; provided, however, that no curbs or gutters shall be constructed upon the Easement Area (or then substitute Ease - ' ment Area) by Edina so long as the property on both sides of the Easement Area (or then Substitute Easement Area), and for the whole length thereof, is used for parking and driveway pur- poses. 2. Edina will release the Easement in and over the Easement Area, and in and over any Substitute Easement Area; upon written request made by Grantors, and upon compliance with the following terms and conditions: (a) That Grantors first deliver to Edina another Easement (the "Substitute Easement Area "), fully executed and in recordable form, containing the same terms and conditions as those set out in this Easement, for public driveway purposes in and over a strip of land of a width at least equal to the width of the Easement Area, and connecting the Westerly end of Lot 6, Block 3, Grand View Heights, according to the recorded plat thereof, with Vernon Avenue, and in a location then reasonably acceptable to Edina; (b) That Grantors pay to Edina, in cash, Edina's reasonable estimate of the cost of constructing in and over the Substitute Easement Area all improvements then on the Easement Area or Substitute Easement Area( "Imprrovements "), including, but not limited to, base material, surfacing, curb, gutter, sodding, and landscaping. Said estimate shall be revised from time to time as work on the Substitute Easement Area progresses, and any in- crease in such estimate shall be deposited with Edina by Grantors, in cash, on demand, and if not so deposited, the amount demanded Mid not dcposi,.cd shall near interest at Eight percent (8%) per annum from date of demand until deposited, and Edina may recover the same in a civil action, in which event Grantors shall also Pay all costs of collection, including - seasonable attorneys' fees; (c) That all of the Improvements are completed by Edina in and over the Substitute Easement Area and paid for in full by Grantors, including any interest, costs, and attorneys' -2- y fees, pursuant to (b) above, (d) That Grantors deliver to Edina a title opinion from a law firm reasonably acceptable to Edina, addressed to Edina and dated as of a then current date, evidencing that Grantors are the owners of the Substitute Easement Area free and clear of all liens and encumbrances: (e) That the conveyance of the Substitute Easement Area be placed of record at Grantors` expense. Upon compliance with all of the foregoing terms and conditions of this paragraph 2, Edina shall deliver to Grantors a fully executed, recordable quit -claim deed releasing all of its right, title, and interest in and to the Easement Area, or the then Substitute Easement Area, to be released. Said Easement Area, or Substitute Easement Area, may be released and relocated pursuant to the foregoing paragraph 2 as often as Grantors desire. 3. If Edina ever ceases to use the property described as follows Tract C, Registered Land Survey No. 1393, Files of the Registrar of Titles, Hennepin County, Minnesota (the "Deeded Area "), for public parking, driveway, and pedestrian purposes (with related landscaping), then, upon conveyance of record by Edina of the above described property, which conveyance, when made, shall be by Quit- Claim deed, and subject to any and all then unpaid installments of special assessments and real estate taxes, if any, Edina also shall reconvey the Easement Area (or the then existing Substitute Easement Area) to the then fee owriers of the servient property, and shall release said Easement Area, or Substitute Easement Area, from this Easement. 4. The Grantors hereby warrant that the Easement Area is free and clear of all _liens and encumbrances whatsoever, except -3- real estate taxes and unpaid installments of special assessments, which are not delinquent. 5. Grantors shall maintain, including removal of snow from, the Easement Area (or the then Substitute Easement Area), at their expense. If Grantors fail or refuse to maintain the Easement Area (or the then Substitute Easement Area) in at least the same condition as the Deeded Area is then being maintained, or promptly to remove snow therefrom, then Edina may do so and charge the cost, thereof, with interest at Eight Percent (8%) per annum to Grantors, and the same shall be due on demand, and Edina may recover the same in a civil action, in which case Grantors also shall pay all costs of collection, including reasonable attorneys' fees. The terms, conditions, and covenants hereof shall extend to, be binding upon, and inure to the benefit of the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed as of the day and year first above written. I GRANDVIEW CONST90bTION COMPANY By is siOE� and Its JERR ' ENTERPRISES NC. Y and C I CR STATE DEED TAX DUE HEREON: Exempt This instrument was drafted by: Gustafson, Gusta[ son & Adacris, P.A. 74J0 Metvo Blvd. Edina, 11,41nnesota. 55435 -4� is STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 15th day of November, 1976, by Gregory D. Gustafson , as W(F- President CONSTRUCTION COMPANY, a Minnesota corporation, on bO-half of the // corporation. r »' RONALD L SNEWNaI ti TW �e -M� ► MEN14EPIN! 0DUtM my comneta.to� !� J* na Im STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing i.ns f rulnent w� zs acknowledged before me this �S day of r14y f 1977, by G' /lAi-17 .q, l�4UI-56,AJ as PXE<ipe' ,j T ate- of JERRY'S ENTERPRISES, INC., a Minnesota corporation, on behalf of the corporation, STATE OF MINNESO`T'A ) COUNTY OF HENNEPIN ) P'1111 ---- - - - -- GREGORY D. GUSTAFSUN -�+ A PUBLI - MINNESOTA HENNEPIN COUNTY Commiaalon Expires Mar. 13, 1— 07 The foregoing instrument was acknowledged before me this 15th — day of November, 1.976, by JAMES VAN VALKENBURG, and FLORENCE I- IALLBERG, as Mayor and Clerk, respectively, of the CITY OF EDINA, a Minnesota municipal corporation, on behalf of the corporation. 1f F 4AAAAA AA&AAUAAAWAAA"AAA ,ART,' }, LINDA L. HANEL'N NOTARY PUBLIC h',IrdNESO1A HtNNEHN CUUtq i Y MY Commission Expires Oct, 3, jg� ; IYVYYYYVYY"Yyy,vyyyyyYwyyyyyyyyt� ,..t.4, -5- EXHIBIT A ,j.0 EASEMENT FOR PUBLIC DRIVEWAY PURPOSES A twenty -foot (20') strip of land over and across Lot 23, Block 3, Grand View Heights, vacated Summit Avenue lying between the Westerly extensions across said Avenue of the North line of Lot 24, Block 3, Grand View Heights and the South line of said Lot 23, Block 3, Grand View Heights, except that portion taken for Highway purposes, and Lots 11 and 12, Block 3, Grand View 'Heights, except that portion taken for Highway purposes, the centerline of which is described as follows: Co- ;unencing at the Southeast corner of said Lot 23, thence North along the East line of said Lot 23, a distance of 29.5 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 57 degrees 50 minutes 17 second, a distance of 23.29,feet thence 6-;esterly parallel with the North line of said Lou 23 a distance of 98.0 feet; thence South -- westerly deflecting to the left 55 degrees 13 minutes 30 seconds a distance of 42.0 feet; thence North westerly deflecting to the right 90 degrees to the Easterly right- of- -way line of 'Vernon Averiue and there terminating. s 0 CONSENT TO EASEMENT WHEREAS, as evidenced by Document No. 4001905, in the office of the Register of Deeds, Hennepin County, 14ihnesota, Minnesota Federal Savings and Loan Association, a United States of America corporation ( "Mortgagee "), is the holder of a mortgage covering the property described in the foregoing Easement for Public Driveway Purposes made by and between Grandview Construction Company, a Minnesota corporation ( "Grandview "), and Jerry's Enterprises, Inc., a Minnesota corporation ( "Jerry's "), and the City of Edina, a Minnesota municipal corporation ( "Edina "); and WHEREAS, Grandview, Jerry's and Edina have requested consent to said Easement by Mortgagee. NOW1 THEREFORE, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mortgagee does hereby consent to the terms and provisions of the foregoing Easement instrument and to the easement thereby established, and agrees that the lien of, and the terms and provisions of, its mortgage, and all extensions and renewals thereof, shall be subject and inferior to rights of Edina, and its successors and assigns, created by said Easement instrument. Dated: May , 197 7, BY ti�FEDERAL SAVING AND LOAN l jj ,°f ASSOCIATION Its e President d` z�J� /GZ�. Its As,istant Secret Y r STATE OF MINNESOTA COUNTY OF RAMSEY ? ss On this 3rd day of Mayo 1977,, before me Public within and for said Count f a Notary �ohn A [I 'r Y, Personally appeared to me personally known, who,abeing achaby -me duly sworn, did sa that they are respectively the Vice President and Assistant y Secretary of MINNESOTA FEDERAL SAVINGS corporation named in the foregoing instrument,�Nand Sthat TtheI seal affixed to said instrument is the corparrate seal of said corpora- tion, and that said instrument was signed and sealed in behalf Of said corporation by authority of its Board of Directors and the said John A. Hoffner and Marianne E. Rosenberg acknowledged said strument to be the free act and deed of said corporation. This instrument was Gustafson, Gustafson Attorneys at Law 7400 Metro Blvd. Edina, Minnesota drafted bv: & Adams, P.A. 55435 `L N ary Pu 11 1 AP,� `J�^ ^. -V ^. `_ ^,'�� /.r'. Jv \ /J�l. nl,A.'1I✓VV.hJVV� M f f ?'Y.'C�t1'fhl J. L[ VASSXJJR NJ8L!C — M I N N E 5 0 1 A (� r .ASr`Y CUUNTY 1 2 t, 'y Comm. Expires Sept. I/, 1'JSQ x VVWVVyVwVvvvv\l vvvvWVVvVWVwr p . . 43C3.1)00 l Q� S ) I 1 1 t 1 1 ' f . l ' . 1 Y A' :U I I I I L I I Y IAS1 "I r 1'IIIS 12 :SiilU :Ii. :;l, 1:.1 dc Chit, 2n I day of Mr,l , 1911, by and beLWeen the City of Edin,t, a tlinne :,uta wtini< ip:,l. c,,t{,•,r::: ion, party of the first part 0wroinafter call —I "Edina "), an1 i.•rry'r. f.nt r Inc., a Minnesota corporation, Grandvicw Cr.nstr'uctiun Co:;l,auy, a Ifinnf. %ot:I corporation, and Gerald A. Pau l :.on - end Shirley 14. Pau l:,'u, hu: ;h -, r, n' w 1 , parties of the s:•cond par L (liere•i it, iftvr toj;eth.•r i tiled "o.nier,. "). 11ITNESSE'rll, THAI': WIIEPF,%S, Edina is the fee owner of certain property within the y Q City of Edina 1,2rally dcrcribe•d as follows: Lot,_: 7 thruuf;h 10, inclue:ive, Rlur.l 3, Criini View H � it l accnrdiup to the plat thereof on f i I r or of record in ttu j of i icc of the Register of Jced :;, in' .i.,d for }Icanr;)ln Cnunt_y (hereir:3fter called "Edina 1roperty"); aoJ WEEREAS, Owners are the fee c::,iors of certain property withic. t1w City of Edina legally described as follow_: 1 Lots 19 and 20, Block 3, Grand View Heights, according to the plat thereof on file or of record in the office of the Rei;i: ;ter o! Deeds in and for Hennepin County (hereinafter called "Owners properry "); and NHFRE%S, th4ners are improving., or intend to iu: ; U•.;r., r . I and in connection therewith need an easer;ent for driveway and utility purpo: ;r.:. �. under anal across a portion of the Edina l'rupt•rtY, y,ivin;; accc;s to the pu ?,I is " ( street known as Brookside Avenue; and w FJliERF','1S, Edina is willing to gr:mt, au1 Owners are willing to accept , iM such an case ^cnC, all on the terms and condition; hereinafter et out. KC1lJ, 71lt:RF.1'Ul; ?., for and in consi(Ic• ration of Ten thorisand four hundred fifty- three and 10 /100 Dollars ($10 /4')3.10) to Edina in hand paid by Owner.:, ` the receipt. and sufficiency of which is hereby acknowledged by Mina, Edina does hereby grant, bargain, quitclaim, and convey to Owner:. perpetual, non- exclusive casement:-, for (f) construct Wit, reconstruction, s:alntenance,. repair, and t r,w, �:.++� rip,,..:• W" ... ft ,r um'orground olc•cti icaI, l,•I,•trh ,,,•_• ! liuc. ^, and ptpr•s (the "llt it ;,II r,r 11,.1 icy l::r.:c.cnrnt "). and 1 1) court rncL ir,:r, r,•r r,u'•t nu IllaillLvnan�e . .. �, repair, nnct ur;e of a ,1 .- • use clle "Driveway ✓ [or prdo:::ri:,n ar.l! vohlr, :l,u which ca ^colrnts r:h71 L bcr un nnll unrl,•r' t h.,r part c: tha F Propr.rt Y de;:criLed ou 1:xiliLil A att,,�Lt� l.,.c, :1ud 1,,.c,L� made it part hercot (tile ,rl.:l:i ••III E•nt �� Aron 1, ;;trhjr'r't, h:,'•,•wor, to Lh,• foilc,airlt; term;; and conditions to which l cti -ua and Owner,; hors b r.iut uai ly :r :r •o: 1• All constnlctiun, reconstruction, m:l!nlenance, art.1 r.e•pair „t.lork ") of any of the unlit (rhe Y lines ant pipeS under, aad of the driv,•tray on, the Easement Area shall be doge at the sole cost and eypNnse of S, jointly 0✓r ers jointly and severally agree to hold .:d 1117, aR(1 i.t:; ;:UrC•C•gSOCt: and f rocs and indemZif1ed t nsei {,ns, gai lst , n}' .lu : cox-, attorne ; , d:un;l;;e or era,c_,1se, includin ' > s fees, due to :,ny cLliuls or d;•,: limited to, nerd :;, lncl.l :lilt7> but not eechanics' or raterial ©en's hell:; filed or cl.aiM,.,! :1i; :1in >[ ill or any par[ of the Edina Proper[ }, arising out of, cr claim�;i to have arisen out of, the Work. All such Work shall be dune su a, inconvenience 1ttLle as possible to and interruption of cdina's use of the• 1;dLna Property. 2• use undertaking any of such Work on the } :as�rient Area, Uwners shall advise Pdina of t}, (')tent of the Work and the. and Ed! estimated co:;t thorc•�f, na, at its option, .,<, a condition to eur :n„,!ncing the stork, ray rcqui.r,• that Owners first deposit with Edtna security in for,, and substance, and in -,Mount, reasonably acre t761e p to F.dina, to in::rre that the Work trill be com- p.leled and that tll(- cost th,2reof t ✓.ill be j lie! in full, tJ;liver by 1 ?slim-, of or failure by }:diva to insist on caraplian"' wl[11, the provision, of this par: {_ graph, no matter how oCtrn, ::hall not be deorned to be a waLver of the riFht to inal_;t on compliance with the provisions o with f this p;lragraph in connccf;on any sub::eytlent 6'ork• • 3. The easements hercl'Y Eranted shall be for the benofiC of, and be -,ppurteclartL to, Owners Proper( and Y the impruvernrnts now or hereafter located In wlwle or !n part thereon. -2-- '� r+r jt•.4•''1, 1••tt . .. 1, r., '1 . t r r } \ r } 0 'J K ! X41;♦ ✓-- .r «., a 1 4. Edina may require Owners to relocate, at their sole cost. and ex- pense, either the Utility Easem mt or the Roadway Easement, or both of then, to nr)ther location or to separate locations on the Edina Property (which locatioq or separate locations are hereinafter together called the "Substitute Basement Area ") on the following terms and conditions: (a) The Roadway Easement shall be relocated upon notice given '4 to Owners, which notice may be given at any time and without reason or cause therefor by Edina; P' (b) In the event Edina shall elect to sell the Edina Property, or any portion thereof, and the buyer thereof shall require relocation of the Utility Easement or the Driveway Easement, or both, or in the event Edina shall decide to make improvements to all or any part of the Edina Property, or adjoining property then owned by Edina, which shall make continued use of the Utility Easement or Driveway Easem_nt, or both, in its or their then existing locatiol or locations, impractical or inconsistent with such improve- ments, then Edina may require Owners, by written notice to Owners, to relocate III i��l! I either the Utility Easement or the Driveway Easement, or both of them. (c) In the event notice is given to Owners pursuant hereto to move either or both of said easements, Owners shall have such time as is s - 4t; "`y +� �vr reasonably necessary with the prompt exercise of due diligence to relocate the easements required to be relocated, but, in any event, not note than•ninety -. t. (90) days from the giving of such notice. (d) Edina in any of the above specified events, with an such notice given pursuant hereto, shall grant and quitclaim to Owners by written 4a.. document, another easement for the easement or easements to be so relocated, 4t- fully executed and in recordable form, containing the same terms and conditions r� as set out in this easement as to the easement or easements to be relocated tom; (including, but not limited to, the :ight of Edina to thereafter again relocate such easement or easements from the Substitute Easement Area to another location t V or locations on the Edina Property), but describing the Substitute Easement Area or, if the easements are to be relocated to separate locations, describing r iy -3- t", Ir• 0 '4 t", Ir• 0 each Substitute F.asem*vt Area. and ouch such Substitute F.avf•nHac Area MialI b•! on and under a strip of 1 ,nd no less than Twurnty- -one (21.) feet in wtdr_h and connecting Brookside Avenue in the city of Edina with the east buuudary 111,1• of Owners Property. but otherwise in any such location or lucatloa:c on ti„! Edina Property as may be dea!gnated by Edina. (o) Owners promptly shall pay nil costs of relocating said easement or easements. including. but nos llmlted to, the cost or re:;tortnb all portions of the Edina Property from which the oasemNnt or i:: moved to as nearly as possible this condition it was in before any Konc- ups done thereon pursuant hereto. (f) Within fifteen (15) days of receipt of written notice given pursuant to (a) or (b) hereir.. Owners shall file with the Edina city Planner security in form and substance, and in an amount, reasonably accep- table to Edina to insure thlt the relocation and restoration work is completr:d by 0:-ners and that all costs thereof are paid in full. (g) Upon the expiration of ninety (90) days from the recording b, either Edina or Ou -ners of the easement or easements for the Substitute Easement Area, all of the right, title, and interest of Owners to u•:e all or any part of the Edina Property other than the Substitute Ea:1emant Arca,and the Easement Area if either the Utility Easement or the Drlvcway F:asenent has not been relocated therefrom, shall expire and cease without further act ey any party hereto. and Owners agree to deliver to Edina, on the. dace of e:aclw expiration as herein provided. n fully executed, recordable quit claim deed, releasing all of the right, title, and interest of the Owners in and Lo the Edina Property except as above provided, but such right, title, -and interest of Owners shall terminate pursuant hereto notwithstanding failure or refusal of Owners to give such quit claim deed. (h) Edina may require relocation of th. Driveway Easement or Utility Easement, or both of them, pursuant hereto from time t., time, without restriction as to the number of times such relocations may be made, and each location on the Edina Property to which either or both of said easements are _4_ 0 r nt'�� ,t +h.t tp'�" ik ���' its Z .rr+�. k r -./ 'Y, .. C . ••� - �'.(' .n •r ,� , y , - d v.. F� r� ?g;£!L'c - - _..e._'f��Mucm'`_ ,._ l�'fl7 w �..-�n...ar,.�..�r�,x.[.s;.t r'aiKBY _ 3.e...- ...e, -..�.. .: ._:.... :.. .. i""... -�`++l .mu,. .... x,. �. ....i.._., _. .. e_ —•_ __ .,.•:.�ea..�.. s_..m.�+�P v.. ._ __ from time 0o time relocated 1,hn11 be included within the phrrlse ,ur,,,tltut. Easement Area" for purpo"'" of 0,1.11 agreement, 5. In the went that the then Owner or ounrr:: Of Own-•r • 1'rcr,,.r , � ry, within five (5) years of the date hereof, purclia:.es all of the F:dirci Prupc•rt„ 1 or that portion of :he Edina Property which includes the Cb a lucat. ion or �6 ?r locations of the Uriveway F.asenent and the Otility l:asem nt, tlrn, Ind 1n that event, and only in that event Such owner or . owns r., ,;hall be 1.n r t t 1"d to a credit ai;ainst such purchase pri ^.e in the amount paid by C nern for thir. easement, $10,453.10, However, there shall be no obli;;ation created helot for Edina, or its successors or assigns, to sell the Edina Pra °i ert P' Y. or airy portion thereof, to Owners or any other nor person, any restriction upon Lhe terms or conditions of any such possible sale. 6. All notices or demands required or permitted to be given under or pursuant to this easement shall be in writing and shall be deert. -d to be given when delivered personally to the party, or any officer of the party, to which notice is being given, or when deposited iu the United States } r nai.1 in a sealed envelope, with registered or certified mail Postage prepaid thereon, addressed to the parties at the following addresses: If to Edina, at: 4301 West 50th Street Edina, Minnesota 55424 Attention: City Manager. If to Owners, at: S1't.f VEPC0jo.d 4VE, Y A 7-7-.J GF it, 4 aD a V.•.�-1 •�- . : +._:.•.r+.•- 3'= .+•.. -.. Such addresses may be changed by either party upon notice to the other party given as herein provided, j1t 1�,�r 7. As additional compensation herefor, Owners shall ,sw pay all state ` deed taxes and recording fee.^, in connection wlth this instrument and all 5 documents hereafter executed and delivered e Vm , pursuant hereto. 8. The terms and conditions hereof slial.l be biurlin;; upon Arid Jour, to the Edina Property and the Owners Property And bind :rod inure to the bene- fit of all present and future owners of such propertir, -. THIS INSTMENT IS EXEMPT F'ROH STATE DrEU TAX. IN TESTIMONY WILREOF, the parties hereto have caused these prenentn to be duly executed the day and year first aLovc written. CITY OF EDINA by , ,�j�G✓r Its,�taYo� _ a6dis��.t. Its Clcrk JERRYIENTERYRISSEES', An- by c t <.�- LG r �- Its .•* :mod _ CR4::DVIf' CGNSTRtiCTI COMPANY by _ ICs I ✓, Poe FJ"06-'/ .awcL r '/ / GERALD A. PAU SEN SHIPLEY JV MLSEN 7Ntf pocuMg-,'JT DWZ41= 7- -,D !34' Gusr,�r�p.�, ')�04 ME'r/LO RGt/D, r E ©AwlA M INAJ Er•rq ,j^ry )f 4, -6- r ,r a .{�"�iilr�i�.. "/lbw. '�'.Si+►t:- - r..r" r n• '.T • 1 1 � „ 1 STATE OF MINNESOTA ) COUNTY OF HE.NNE:PIN ) rJ The foregoing instrument was acknowledged i;rfure me the day of , 1977, by JAMES VAN VALKE.CI9URG and FLORENCE B. HALLBERG. May and Clerk, respectively, of the Cit. v, nuina, on behalf of the City of Edina. V(AAAAAA&4AAA&A""AA So 1 • STATE OF MINNEiSOTA) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before ne this 7,S -+E, day of ",4 Y , 1977, by `6 &rlgAa D� A. PAu c s c.J as RME- S•DE - T aAd Inc., on behalf of the corporation. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) Near —i- , of Jerry's Enterprises, WMIL GUSTAFSON-] �'iAM MNO MIPMIESOTA HENNEPIN COUNTY myC6000"WnElpll „M,..rJ t The foregoing in / n was acknowledged before me this 2-f--+ E. day of _may , 197�ty G966dAV D � Usr,yC fo.✓ as 1/e l 6'- ?A6-r/ D a�nJ T- �d rpoeti4elyr, of Crandview Construction Company, on behalf of the corporation. L _9_P7V i WOW E LE "V1111 a* ANC0. -7- w+.. aa�• r a ewe AA 4' °..t• `/ d �• S .tti r. . i....tl � + • Yw. ., r �, . - A 1 .' � ,�_. •.. .. , ell. .., `�4'� � .. Y a IC N r t , t -- i r:1 N�N� �1 i � n •. Y rr � �-vq --mac r,�ir ♦ .r.b"11+ t�ll1'.1 -''Ra M.. •'yl".i7.T' ''SysJ"}�.hr, .� 1 / , I 1 i r:1 N�N� �1 i � n •. Y rr � �-vq --mac r,�ir ♦ .r.b"11+ t�ll1'.1 -''Ra M.. •'yl".i7.T' ''SysJ"}�.hr, .� 1 / , I f 7 0. C H H �S 6 9ko r .4 ,n- ♦t s 2 .0 gn i; cn W z Y r r o0 Y a N n ra of t � > 4 z t :. , s + }ter,. ]i ,1 .� f �• A a ;,v P A t� G —mow �ZL t • ;l "''s iAl hl)H � R; %aua Ja{suej1 Pue axe! tuanbuif ,p pN r '£]�Iao PaPzoavz a4] o]us"FPzoaaeoo uideuuaH '100;t6 q, .707 jo �£ a 9o]a4aaFnaTd pueao ooTgDI7o puee]g3T H ]aa ; Z9 . or 412ON v izsz ncz� m t� �; yF J, j 4 „a. �,.y.. '. t� G —mow �ZL t • ;l "''s iAl hl)H � R; %aua Ja{suej1 Pue axe! tuanbuif ,p pN r '£]�Iao PaPzoavz a4] o]us"FPzoaaeoo uideuuaH '100;t6 q, .707 jo �£ a 9o]a4aaFnaTd pueao ooTgDI7o puee]g3T H ]aa ; Z9 . or 412ON v izsz ncz� m t� �; yF M. m #tMtP of mtririrsnftt DIVISION OF PUBLIC RECORDS COUNTY OF EU&NNIEPI I County Recorder I, WAYNE A. JOHNSON, County Recorder, within and for said County of Hennepin and State of Minnesota, do hereby certify that I have carefully compared the above and foregoing copy of EASEMENT with the record thereof as DOC. N0, recorded in my office, in 24= XxItX 114 X03500 X j and that the same is a true and correct photo -copy of the same, and of the whole thereof, and I do further certify that I am the officer in whose custody said record is required by law to be kept. In Witness Whereof I have hereunto set my hand and official seal this 23rd day of FEBRUARY A.D. 19 78 �,. .0 c c„ � r, ei, Bunt y ' County,of epin, State of Minnesota ya- ti �\ Deputy • w �. _ _ W . �� ,, v • '4 ry �. ., i '1i � 1. A < . r r CERTIFIED COPY OF 1515 45 71A. �0 Jl. EASEMENT CITY OF EDINA JERRY'S ENTERPRISES, INC. & GF-ANDVIEW CONSTRUCTION COMPANY & GERALD A. PAULSEN & SHIRLEY N. PAULSEN (wife) Q ' Cli7 REG;STRAR OF TITLES Ti A I . S-:-',-- �'F i41NNEGOTA ceitify tiiaf the vAtntn Instrument Xed 'n fh.is office on the 28 of FEB A.D. 1978 at Ce M. DIVISON OF PUBLIC RECORDS WAYNE A. JOHNSON County Recorder HENNEPIN COUNTY, MINNESOTA U, T1 TLES RE0!STlZAR OF TITLES..' DIVISON OF PUBLIC RECORDS WAYNE A. JOHNSON County Recorder HENNEPIN COUNTY, MINNESOTA 4, Division of Public Records 10taiE of Attrtegota 38' Re istrar of Titles COUNTY OF HENNEPIN g I, Wayne A. Johnson, Registrar of Titles, within and for said County of Hennepin and State of Minnesota, do hereby certify that I have carefully compared the above and foregoing copy of Easement with the original thereof as filed in my office, as Document No. 1261899 and that the same is a true and correct photo -copy of the same, and of the whole thereof, and I do further certify that I am the officer in whose custody said original is required by law to be kept. In witness Whereof I have hereunto set my hand and official seal this 10th day of March A.D. 1978 Wayne A. Johnson Registrar of Titles, County of Hennepin, State of Mi sota By Q� Deputy Registrar of Titles 1261899 CERTIFIED COPY OF Easement DIVISION OF PUBLIC RECORDS Wayne A. Johnson Registrar of Titles Hennepin County, Minnesota HC 1020 lI fs a ?,3 PARTY WALL ,/�, /% ' -)r r AND 3 d 3 �z �0 EASEMENT AGREEMENT 7; THIS AGREEMENT, Made and entered into this 2. 4th day of February , 1977, by and between GERALD A. PAULSEN and SHIRLEY ANN PAULSEN, husband and wife (hereinafter sometimes collectively- called "P,aulsen "), JERRY'S ENTERPRISES, INC., a Minnesota corpora- tion (hereinafter called "Enterprises "), and GRANDVIEW CONSTRUCTION COMPANY, a Minnesota corporation (hereinafter called "Grandview "); - WITNESSETH THAT: WHEREAS, Paulsen is the owner of that certain property situate in the City of.Edina, County of Hennepin and State of Minnesota, legally described in Exhibit l attached hereto and made a part hereof, hereinafter called "South Tract "; and WHEREAS, Paulsen is the owner of that certain property situate in the City of Edina, County of Hennepin and State of .Minnesota, legally described in Paragraph 1 of Exhibit 2 attached hereto and made a part hereof, Grandview is the owner of that certain property legally described in Paragraph 2 of said Exhibit 2, and Enterprises is the owner of that certain property legally described in paragraph 3 of said Exhibit 2 (which property described in said Paragraphs 1, 2 and 3 of said Exhibit 2 are hereinafter collectively called "Middle Tract "); and WHEREAS, Grandview is the owner of that certain property situate in the City of Edina, County of Hennepin and State of Minnesota, legally described in Exhibit 3 attached hereto and made a part hereof (hereinafter called "North Tract ", and the South Tract, the Middle Tract and the North Tract are hereinafter sometimes collectively called "Building Traets "); and WHEREAS, Paulsen is the owner of that certain property situate in the City of Edina, County of Hennepin and State of Minnesota, legally described in Exhibit 4 attached hereto and made a part hereof (hereinafter called "South Parking Tract "); and WHEREAS, Paulsen is the owner of that certain property situate in the City of Edina, County of Hennepin and State of Minnesota, legally described in Paragraph 1 of Exhibit 5 attached hereto and made a part hereof, Grandview is the owner of that certain property legally described in Paragraph 2 of said Exhibit 5, and Enterprises is the owner of that certain property legally described in Paragraph 3 of said Exhibit 5, (which properties legally described in said Paragraphs 1, 2 and 3 of said Exhibit 5 are hereinafter collectively called "Middle Parking Tract "); and WHEREAS, Grandview is the owner of that certain property situate in the City of Edina, County of Hennepin and State of Minnesota, legally described in Paragraph l of Exhibit 6 attached hereto and made a part hereof and Enterprises is the owner of that certain property legally described in Paragraph 2 of said Exhibit 6 (which properties legally described in said Paragraphs 1 and 2 of said Exhibit 6 are hereinafter collectively called "North Parking Tract ", and the South Parking Tract, and the Middle Parking Tract and the North Parking Tract are hereinafter sometimes collectively called "Parking Tracts "); and WHEREAS, a wall presently exists on the dividing line between the South Tract and the Middle Tract which wall is of cement block construction and is twelve inches (12 ") thick and consists of a basement level and a first floor.level and which wall extends along, and lies one -half on either side of, that part of the dividing line between the South Tract and the Middle Tract described as follows: The East 114.0 feet of a line running from a point on the West line of Lot 18, Block 3, Grand View Heights, a distance of 1.20 feet South from the Northwest corner of Lot 18, to a point in the East line of said Lot 18, a distance of .70 feet South from the Northeast corner of said Lot 18. WHEREAS, the parties hereto desire to designate said wall as a party wall and to enter into this party wall agreement setting forth their rights and obligations with respect to said wall; and WHEREAS, the parties hereto desire to provide for parking and vehicular ingress and egress on and over the Parking Tracts, 2 - to be available, equally, for the benefit of the Building Tracts. NOW, THEREFORE, For and in consideration of the foregoing and in consideration of the mutual covenants hereinafter contained, the parties hereto hereby mutually covenant and agree as follows: 1. The wall presently existing between the South Tract and Middle Tract and any reconstruction thereof (as hereinafter provided) shall be and hereby is agreed to be a party wall (hereinafter Party Wall) and Paulsen hereby grants to Paulsen, Grandview and Enterprises (such parties and their respective successors in interest to the Middle Tract are hereinafter sometimes referred to collectively or singularly, as the case may be, as Middle Owner), as an easement appurtenant, a perpetual easement in and to said South Tract and Paulsen, Grandview and Enterprises hereby grant to Paulsen (such party and its successors in interest to the South Tract are hereinafter sometimes referred to as South Owner and the Middle Owner and the South Owner are hereinafter sometimes referred to as "Owner "), as an easement appurtenant, a perpetual easement in and to said Middle Tract, both for the purpose of maintaining and reconstructing-the Party Wall. 2. The South Owner and the Middle Owner shall have, and each hereby grants to the other, the right to use the Party 4all both above and below the surface of the ground and along the whole length or any part of the length thereof for any building which either of them may erect on its respective tract including the right to sink the joints and supports for such building into the Party Wall to a depth not to exceed one -half the thickness thereof. The South Owner and the Middle Owner shall keep and maintain the Party Wall in a safe, usuable and attractive condition, the cost of which maintenance shall be shared by the South Owner and the Middle Owner in the manner provided in Paragraph 3 hereof. 3. If the Party Wall is repaired or rebuilt, the expense of such repair or rebuilding shall be borne equally by the South Owner and the Middle Owner, provided, that both the South Owner and the Middle Owner are using some part of the Party Wall for the support of - 3 - provided further, that should any such repair or rebuilding be necessary due to the negligence of either Owner, then such repair or rebuilding shall be done at the sole cost and expense of such negligent Owner. The negligent Owner shall be liable for all damage to the building and other property of the other Owner and shall hold the other Owner harmless from all claims whatsoever for injury to any person or damage to any property caused by such negligence or incurred during the repair or rebuilding of the Party Wall pursuant hereto. The negligent Owner shall promptly pay all obligations incurred hereunder and keep the South Tract and the Middle Tract free of mechanics' and materialmen's liens. The Owner performing any maintenance or repair on the Party Wall-shall provide workmen's compensation and liability insurance covering such maintenance or repair, insuring the interest and liability of both Owners, in form and substance satisfactory to both Owners. 4. Neither the South Owner nor the Middle Owner may increase the height, depth or length of the Party Wall unless he obtains the prior written consent of the other Owner. The Owner constructing such addition to the Party Wall (hereinafter Constructing Owner) shall be liable for all damage to the building and other property of the other Owner and shall hold the other Owner harmless from all claims whatsoever for injury to any person or damage to any property incurred in the course of such work. Before the other Owner may use any part of the addition to the Party Wall, he must pay to the Constructing Owner one -half of the pro rata cost of that part of the addition to the Party Wall which he desires to use. Upon such payment said part shall be deemed a portion of the Party Wall and shall become subject to the provisions of this agreement. The Constructing Owner will promptly pay all obligations related to such construction and shall keep the South Tract and the Middle Tract free of mechanics' and materialmen's liens. 5. If the South Owner or the Middle Owner demolishes the buildings on its tract which are attached to the Party Wall, such - 4 - Owner may rebuild on its tract in the future and use the Party Wall, and any addition thereto for which it shall have paid in accordance with Paragraph 4, for support of any new buildings. If the South Owner or the Middle Owner repairs or replaces the Party Wall at a time when no buildings on the other tract are using the Party Wall, then prior to constructing a building which would use the Party Wall, the Owner of the other tract must pay to the Owner which repaired or replaced the Party Wall one -half of the cost of such repair or replacement. Neither the South Owner nor the Middle Owner may demolish the Party Wall unless the other Owner consents thereto in writing. 6. All work on the Party Wall, including work performed pur- suant to Paragraphs 3 and 4 hereof, shall be done in a neat and workmanlike manner and in accordance with all then applicable laws, statutes, ordinances, rules and regulations and shall be pursued diligently to completion. 7. The parties hereto, the owners of the Building Tracts, and the tenants, occupants, business invitees and licensees of the owners of the Building Tracts or any parts thereof shall have the equal, unrestricted, non- exclusive right to use the Parking Tracts, without charge, for motor vehicle parking, for Pedestrian use, and for access to the Building Tracts from public roads or public driveway easements now existing or hereafter created. 8. The parties hereto agree that the manner in which the Parking Tracts are used shall in all ways comply with the requirements of the City of Edina, the County of Hennepin, and the State of Minnesota and shall, in any event, provide for a parking ratio of no less than 4.5 parking stalls (including all'the parking stalls on the Parking Tracts and all the parking stalls, if any, on property owned by the City of Edina and adjoining the Parking Tracts or any portion thereof) per each 1,000 square feet of.net rentable space contained in any buildings now or hereafter located on the Building Tracts. 9. The parties hereto agree that the Parking Tracts shall not be subjected to further parking easements for the benefit of any property other than the Building Tracts unless the instruments - 5 - creating such further easements are executed by the fee owners of and consented to by the first mortgagees of all portions of the Parking Tracts and the Building Tracts. 10. Except as specifically provided in this Paragraph 10, the mutual non - exclusive easements granted in Paragraphs T and 8 herein shall not obligate any person subject to this agreement to maintain or otherwise improve the property of another or to be liable for any real estate taxes levied upon the property of another and each person sub - ject.hereto agrees that it is the responsibility of the fee owners of the Parking Tracts to maintain and pay the real estate taxes on their respective portions of the Parking Tracts; provided however, that in the event the owner of any of the Parking Tracts fails to maintain or repair its respective Parking Tract in a reasonably satis- factory manner, any or all of the owners of the other Parking Tracts, are hereby authorized to enter upon unmaintained or unrepaired Parking Tracts for the purpose of maintaining and /or repairing such Parking Tract, in which case said defaulting owner shall immediately reim- burse said maintaining or repairing owner or owners for all such expenses incurred in such maintenance or repair; further provided, however, that no such maintenance or repair shall be undertaken by any owner hereunder unless and until ten (10) days written notice of such proposal shall have been given to said defaulting owner in the manner provided in Paragraph 13 hereof. 11. If any person subject to this agreement fails to pay or perform any obligations to be paid or performed pursuant to Paragraphs 1 through 6 hereof (hereinafter,Defaulting Party) and if such failure continues for a period of 15 days after notice of such failure is delivered in writing to the Defaulting Party by any other person subject to this agreement, which notice shall specify the obligation which has not been paid or performed, (provided, however, that if such obligation shall be other than for the payment of money and shall reasonably require more than 15 days to perform and if the Defaulting Party shall commence performance within said 15 -day period and thereafter diligently pursue the same, then the Defaulting Party shall have as much time as is reasonably necessary to complete such performance) then any other person subject to this agreement may pay 6 - or perform such obligation (hereinafter Performing Party). The Performing Party may go upon any property subject to this agreement which is owned by the Defaulting Party for the purpose of performing such obligation. All costs and expenses incurred by the Performing Party in so paying or performing, including reasonable attorneys' fees, shall accrue interest at 8% per annum from the date such costs and expenses are incurred and shall be due and payable upon demand by the Performing Party. The Performing Party shall have a lien on all property subject to this agreement which is owned by :the Defaulting Party effective as of the first day following the expiration of the 15 -day notice period (or such other period as is reasonably necessary to complete performance of a non - monetary obligation) as security for all costs and expenses incurred, plus interest as aforesaid, which lien may be enforced in the same manner and with the same effect as a mechanic's lien. 12. This Agreement shall be and is a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns, and all future owners and encumbrancers of the Building Tract and the Parking Tracts. By executing this Agreement, Paulsen', Enterprises and Grandview each hereby subjects any and all of their respective . interests in and to the Building Tracts and the Parking Tracts to the terms and conditions of this Party Wall and Easement Agreement. 13. 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 United States registered or certified mail, postage prepaid, properly addressed to the address hereinafter specified. Unless and until change by notice as herein provided, notices and communications shall be addressed as follows: Gerald A. and Shirley Ann Paulsen 6528 Cherokee Trail Edina, Minnesota 55435 Jerry's Enterprises, Inc. 5125 Vernon Avenue South Edina, Minnesota 55436 Grandview Construction Company 7400 Metro Boulevard Edina, Minnesota 55435 7 - I •_ ` t IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective names by their duly authorized officers as of the day a year first abo written. GERAL A. PAULSEN SnH,rIRLW ANN PAULSEN N d SEA L- JERRY' ENTERPRISES, I By r 4L is GRANDVIEW CONSTRUCTION COMPANY By Its ep+1 S Doc uf-r E1j I- 7 &f 00 M67rao az-vti. C" L7 / rVA- � M � .v �.J C-.5 8 - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 2nd day of March 1977, before me, a Notary Public, personally appeared GERALD A. PAULSEN and SHIRLEY ANN PAULSEN, husband and wife, to me known to be the persons described in and who executed the foregoing Party Wall and Easement Agreement and acknowledged that they executed the same as their ee aeand eed. GREGORY D. GUSTAFSON __ - NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY * r••'" My Commission Expires Mar. 13, 1979 N t STATE OF MINNESOTA j ) ss. COUNTY OF HENNEPIN ) On this e day of x.91 -7, before me, a Notary Public, personally appeared Gerald A. Paulsen to me personally known, who, being by me duly sworn did say that he is the President of JERRY'S ENTERPRISES, INC., a corporation, and that the foregoing Party Wall and Easement Agreement was executed in behalf of said corporation by authority of its Board of Directors; and that said ---Gerald A. Paulsen acknowledged said instrument to be the free act and deed of said corporation. ' SARA JEAN HARMAN NOTARY PUBLIC — MINNESOTA HENNEPIN COUNTY • >" My Commission Expires Nor. 27, 1979 NO ary Public STATE OF MINNESOTA.) ) ss. COUNTY OF HENNEPIN: On this 2n4 day of March. 197.7,'before me, a Notary Public, personally appeared Gregory D. Gustafson , to me personally known, who, being by me duly sworn did say that he is the Vice President of GRANDVIEW CONSTRUCTION COMPANY, a corporation, and that the foregoing Party Wall and Easement Agreement was executed in behalf of said cor- poration by authority of its Board of Directors; and that said Gregory D. Gustafson acknowledged said instrument to be the free act and deed of said corporation. Nobhry Rub-lic qAv%L BEVERLY R. ANGEL NOTARY PUBLIC, Hennepin County. Minn. 'y Commteslon Exptne Au8 t. 1980 9 - 0 YF�� ",� • s .f .{'W'1♦ p.�gMSa Y* r EXHIBIT 1 Lots 11,,12, 13, and 14, Block 3, Grand•View Heights and Lots 15, 16 and 17, Block 3, Grand View Heights, and that part of Lot 18, Block 3, Grand View Heights, lying South of a line run from a point on the West line of said Lot 18, a distance of 1.20 feet South from the Northwest corner of said Lot 18 to a point in the East line of said Lot 18, a dis- tance of 0.70 feet South from the Northeast corner of Lot 18, except the West 17.5 feet of said Lots 15, 16, 17 and 18. LL Paragraph 1. The East 114.0 feet of Lot 19, Block 3, Grand View Heights, and that part of Lot 18, Block 3, Grand View Heights lying North of a line run from a point on the West. line of said Lot 18 a distance of 1:20 feet South from the Northwest corner of said Lot 18, to a point in the East line of said Lot 18 a distance of 0.70 feet South from the Northeast corner of said Lot 18, except that part of said Lot 18, lying West of the East 114.0 feet thereof. Paragraph 2. The East 114.0 feet of Lot 20, Block 3, Grand View Heights. Paragraph 3. The East 114.0 feet of Lot 21, Block 3, Grand View Heights, and the South 8.0 feet of the East 114.0 feet of Lot 22, Block 3, Grand View Heights. EXHIBIT 3 That part of Tract B, Registered Land Survey No. 1393 lying Southeasterly and Northeasterly of the following described line: Beginning at the most Northerly corner of said Tract B; thence South along the Easterly line of said Tract B, 15.86 feet; thence Southeasterly along the most Northeasterly line of said Tract B, a distance of 37,0 feet; thence Southwesterly deflecting to the right 89 degrees for a distance of 163.0 feet; thence Southeast - erly to a point in a Southerly line of said Tract B, a distance of 71.50 feet East from the most Westerly corner thereof. And that part of Lot 24, Block 3, lying Northeasterly and Easterly of a line run from a point on the North line of said Lot 24, a distance of 71.50 feet East of the Northwest corner of said Lot 24, to a point in the South line of said Lot 24, which point is located 129.50 feet East from the Southwest corner of said Lot 24. ! EXHIBIT 4 ! The West 17.5 feet of Lots 15, 16, 17 and 18, Block 3; All of Lots 20, 19, 18 and that part of 17 lying East of a line drawn from the Southwest corner "of said Lot to a point on the North line of said Lot a distance of 28 feet East of the Northwest corner thereof, all in Block 4; All in Grand View Heights, according to the plat thereof on file or of record in the office of the County Recorder Hennepin County, Minnesota. Together with all of vacated Summit Avenue lying Southerly of the Easterly extension of the North line of Lot 17, Block 4 of said Grand View Heights and Northerly of the Easterly extension of the South line of Lot 20, Block 4, of said addition. EXHIBIT 5 Paragraph 1. That part of Lot 16, lying East of a line drawn from a point on the South line thereof distant 28 feet East of the South- west corner of said Lot 16 to a point on the North line of said lot distant 47 feet East of the Northwest corner thereof, Block 4, "Grand View Heights," and that part of the West half of the ad joining vacated Summit Avenue lying between the extensions across it of the North and South lines of said Lot 16, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. Also Lot 19, Block 3, Grand View Heights except the East 114.0 feet thereof, together with all that part of the East 1/2 of the adjoining vacated Summit Avenue lying between the extensions across it of the North and South lines of said Lot 19. Also that part of Lot 18, Block 3, Grand View Heights lying North of a line run from a.point on the West line of said Lot 18 a distance of 1.20 feet South from the Northwest corner of said Lot 18 to a point in the East line of said Lot 18 a distance of 0.70 feet South from the Northeast corner of said Lot 18 and there terminating, except the East 114.0 feet thereof; and except the West 17.5 feet thereof. Paragraph 2. That part of Lots 13 to 15 inclusive, Block 4, Grand View Heights, and that part of the adjacent portion of West Half of vacated Summit Avenue, adjoining Lots 13 to 15 inclusive, lying between the Easterly extensions across said Avenue of the North line of said Lot 13 and the South line of said Lot 15, all of which lies Easterly of a line parallel with and 90 feet Easterly of the center line of State Highway No.'5, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County.. Also Lot 20, Block 3, Grand View Heights, and that part of the adjacent portion of the East Half of vacated Summit Avenue lying between the Westerly extension across said Avenue of the North dine and the South line of said Lot 20, except the East 114.0 feet of said Lot 20. Paragraph 3. That part of Lots 13 to 15 inclusive, Block 4, lying East of State Highway No. 5, Grand View Heights, and that part of the adjacent portion of the West Half of vacated Summit Avenue lying between the Easterly extensions across said Avenue of the North line of said Lot 13 and the South line of said Lot 15, which lies Westerly of a line parallel with and 90 feet Easterly of the center line of said State Highway No. 5, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. Also Lot 21, Block 3, Grand View Heights except the East 114.0 feet thereof. Also Lot 22, Block 3, Grand View Heights except the South 8.0 feet of the East 114.0 feet thereof. Also that part of the adjacent portion of the East Half of vacated Summit Avenue lying Southerly of the Westerly extension of the North line of Lot 22, Block 3, Grand View Heights, and lying Northerly of the Westerly extension of the South line of Lot 21, Block 3, Grand View Heights.