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HomeMy WebLinkAbout1975Document #4289578 r ar a .- Filed 6/7/77 By Tom Underwood Buildtwell Const.'s AGREEMENT attorney THIS AGREEMENT, Made this 1,374h day of A/4- 1977, between Richard N. Reeves and Martha L. Reeves, husband and wi of , hereinafter called "first parties," and Harold Posnick, hereinafter called "second party." WHEREAS, First parties own and have title to the real estate lo- cated in the City of Edina, County of Hennepin, State of Minnesota, legally de- scribed as: Lots 3 and 4, Block 1, Dahlquist Addition Replat, ac- cording to the recorded plat thereof, and first parties also own and have title to the real estate located in said city, county and state legally described as: Outlot A, Block 1, Dahlquist Addition Replat, according to the recorded plat thereof; and WHEREAS, Second party owns and has title to the real estate lo- cated in said city, county and state legally described as: Lots 1 and 2, Block 1, Dahlquist Addition Replat, ac- cording to the recorded plat thereof; and WHEREAS, Said Lots 1, 2, 3 and 4, Block 1, Dahlquist Addition Re- plat are located such that said Outlot A, Block 1, Dahlquist Addition Replat adjoins each of said lots, and said Outlot A connects with and is an extension of Bror Road, and Bror Road intersects Valley View Road, all as shown upon Dahlquist Addition Replat; and WHEREAS, The parties hereto wish to provide for nonexclusive ease- ments and covenants over and with respect to Outlot A, Block 1, Dahlquist Ad- dition Replat for the ingress and egress of the owners of Lots 1, 2, 3 and 4, Block 1, Dahlquist Addition Replat, and for the use, maintenance and repair of said easements, and various other matters; NOW, THEREFORE, In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants and agreements herein con- tained, IT IS HEREBY AGREED: 1. Grant of Nonexclusive Easement to Second Party. First parties hereby grant to second party, and those of his heirs, successors, administrators and assigns who are owners or encumbrancers of an in- terest in Lots 1 and 2, Block 1, Dahlquist Addition Replat, a nonexclusive ease - men-c for (i) ingress and egress over and across Outlot A, Block 1, Dahlquist Ad- dition Replat, for the use of second party, his tenants, servants, visitors and licensees, in common with those deriving a like right from a similar nonexclu- sive easement granted or retained by first parties for the benefit of Lots 3 and 4, Block 1, Dahlquist Addition Replat, forever, and at all times hereafter, whether by automobile or other vehicle or on foot; provided, however, that such easement shall be for the purpose of ingress and egress from Bror Road to the lots in Dahlquist Addition Replat, and no vehicles, trailers, boats or other items may be parked or stored upon said Outlot A in such manner as to block the free access between any lot in Dahlquist Addition Replat and Bror Road, and parking of vehicles of any kind upon said Outlot A shall only be on a temporary basis; and (ii) the placement or location of utilities upon or under said Outlot A to serve said Lots 1, 2, 3 and 4. r 2. Grant of Easement to the City of Edina. In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to first parties in hand paid by the City of Edina, the receipt and sufficiency of which is hereby acknowledged by first parties, first parties do hereby grant, bargain, sell, convey and warrant to the City of Edina, and its successors and assigns, a permanent easement (i) over, under and across said Outlot A for public utility and drainage purposes, including, but not being limited to, sanitary sewer, storm sewer and water pipes, including the right to enter upon said Outlot A for the purpose of constructing, main- taining, altering, repairing and reconstructing such utility and drainage sys- tems, and (ii) over and across said Outlot A for use by fire and police person- nel and vehicles for ingress and egress to and from the public road and from and to the lots in Block 1 of said Dahlquist Addition Replat. It is understood and agreed that the City of Edina, its successors and assigns, shall have no re- sponsibility or duty of any kind to maintain or repair the road now or hereafter constructed upon said Outlot A, except as such repair may be made necessary due to the exercise by the City of Edina, its successors and assigns, of any of the easement rights set out at (i) of this paragraph 2, in which event such repair shall be made and done, or be caused to be made or done, by the City of Edina, its successors and assigns. 3. Exclusive Purposes. First parties agree and covenant that said Outlot A shall be used exclusively for the purposes described in paragraphs 1 and 2 of this Agreement for the benefit of said Lots 1, 2, 3 and 4. 4. Maintenance and Taxes. The owners of lots in Dahlquist Addition Replat shall be financ- ially responsible for the maintenance, preservation and improvement of the road located upon Outlot A, Block 1, Dahlquist Addition Replat. Such maintenance, preservation and improvement shall include necessary snow removal, repairs and maintenance to and for the surface of said Outlot A, taxes and special assess- ments, and all other related costs. The owners of each lot (excluding Outlot A) in said Dahlquist Ad- dition Replat shall, collectively, have one vote in any matters pertaining to the maintenance, preservation and improvement of said Outlot A. The expense of any maintenance, preservation or improvement authorized by any two such votes shall be born by the owners of said lots in the following proportions: Lot 1, Block 1, Dahlquist Addition Replat 30% Lot 2, Block 1, Dahlquist Addition Replat 30% Lot 3, Block 1, Dahlquist Addition Replat 30% Lot 4, Block 1, Dahlquist Addition Replat 10% In the event the parties to this Agreement fail to arrange for, provide or pay for the expenses set forth above and herein, any of the owners of lots in Dahlquist Addition Replat may, singularly or in conjunction with other owners, advance such payments as called for by this Agreement and provide for the performance of any work or services required or provided for herein within reasonable time after the need for the same arises. All owners of lots in Dahlquist Addition Replat assume and agree to pay their proportionate share of said expenses, as defined herein, or to reimburse their proportionate share, when billed, to any owner or owners who advance such expenses. 4. Burdens and Benefits. The easements herein granted shall be appurtenant to Lots 1, 2, 3 and 4, Block 1, Dahlquist Addition Replat. The burdens and benefits of the agreements and covenants contained herein are intended, so far as may be, to attach and run with the premises of first parties and second party. -2- 1 Y IN WITNESS WHEREOF, The parties hereto have set their hands the day and year first above written. FIRST PARTIES: SECOND PARTY: Richard N. Reeves 'Harold Posnickc "fil'l e�tic Martha L. Reeves CONSENT The undersigned mortgagee of the property located in Hennepin County, Minnesota, legally described as Lots 1, 2, 3 and 4, and Outlot A, Block 1, Dahlquist Addition Replat, hereby consents to the above Agreement and all of the terms, provisions, conveyances and covenants contained there- in and effectuated thereby. RN NATIONAL BANK OF MINNEAPOLIS By 04 N / /l,P t1,& ,AM Its,t _ Vic--A President A§S_Real Est-ate Officer ACKNOWLEDGEMENTS STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Acknowledged before me this Imb day of "� `e--- , 1977, by Richard N. Reeves and Martha L. Reeves, husband and wife. MICHAEL A. POSNICK STATE OF MINNESOTA) NOTARY PUBLIC - MINNESOTA ss . 04_-4� HENN EPIN COUNTY My COUNTY OF HENNEPIN) , Commission VV vV V *VV' Acknowledged before me this 31 � day of 1977, by Harold Posnick. MICHAEL A. POSNICK NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Commission Expires May 14, 1960 -3- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Acknowledged before me this 13fh day of /%y , 1977, by Lee H. Rickard Asst. Vice Presid6nt , and John N. Peterson Real Estate Officer , of Northwestern National Bank of Minneapolis , a United States of Amer ic &orporation, on behalf of said corporation. THIS INSTRUMENTS WAS DRAFTED BY: Michael A. Posnick 2601 Princeton Avenue South Minneapolis, Minnesota 55416 11'a r � 7 JEANETTE J. JOHNSON \' NOTARY PUBLIC — MINNESOTA HENNEPIN COUNTY ��..% My Commission Expires Sep. 28, 1978. • .9 C DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY JOHN W, WINDHORST MICHAEL A. OLSON HENRY HALLADAY LARRY W, JOHNSON JULE HANNAFORD THOMAS S. HAY ARTHUR B. WHITNEY G. LARRY GRIFFITH RUSSELL W. LINDOUIST CRAIG A. BECK DAVID R. BRINK DAVID L. McCUSKEY HORACE HITCH THOMAS 0. MOE VIRGIL H. HILL JAMES H. 0HAGAN ROBERT V TAR BOX JOHN M. MASON ROBERT J. JOHNSON MICHAEL W. WRIGHT MAYNARD G. HASSELOUIST LARRY L VICKREY PETER DORSEY LOREN R. KNOTT GEORGE P FLANNERY PHILLIP H. MARTIN CURTIS L. ROY REESE C JOHNSON ARTHUR E. WEISBERG CHARLES J. HAUENSTEIN DUANE E. JOSEPH CHARLES A. GEER JAMES 8. VESSEY JOHN C. ZWAKMAN WILLIAM A. WHITLOCK JOHN RWICKS EDWARD J. SCHWARTZBAUER EUGENE L. JOHNSON THOMAS M. BROWN JOHN W. WINDHORST, JR. CORN ELIUS D. MAHONEY, JR. MICHAEL PRICHARD WILLIAM C. BABCOCK JOHN P. VI TKO THOMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E. BRESS RICHARD G. SWANSON RAYMOND A. REISTER FAITH L. OHMAN JOHN J, TAYLOR DAVID A. RANHEIM WILLIAM J. HEMPEL ROBERT J. SILVERMAN JOHN S, HIBBS THOMAS R. MANTHEY ROBERT O. FLOTTEN WILLIAM R. HIBBS JOHN D. LEVINE PHILIP F. BOELTER ROBERT J. STRUYK WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MIN NEAPOLIS,MINNESOTA 55402 (612) 340 -2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER: (612) 340 -2868 1468 W —FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227 -8017 Mr. Robert C. Dunn Edina City Engineer 4801 West 50th Street Edina, Minnesota 55424 Dear Bob: 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288 -3156 September 30, 1977 ROBERT A. HEIBERG NICK R. HAY JOHN D. KIRBY IRVING WESSER ROBERT A.SCHWARTZBAUER STEPHEN E. GOTTSCHALK DAVID N. FRONEK THOMAS W. ELKINS THOMAS W. TINKHAM KENNETH L. CUTLER JON F. TUTTLE GARY M.JOHNSON EMERY W. BARTLE THOMAS W. FINN WILLIAM A. JOHNSTONE JAY L. BENNETT STEVEN K. CHAMPLIN ROBERT G. BAYER MICHAEL J. RADMER SUZANNE B. VAN DYK MICHAEL TRUCANO STUART R. HEMPHILL JAMES A. FLADER J DAVID JACKSON DAVID L. BOEHNEN W. CHARLES LANTZ MICHEL A. "FOND DOUGLAS E. RAY DON D. CARLSON STEVEN F. WOLGAMOT PAUL J. SCHEERER J. MAROUIS EASTWOOD DAN F. NICOL EDWARD J. PLUIMER FRANK H. VOIGT KENNETH W. ERICKSON WILLIAM H. HIPPEE,JR. OWEN C. MARX ROBERT A. BURNS JAMES E. BOWLUS ROGER J. MAGNUSON GEORGE LCHAPMAN J. ROBERT HIBBS THOMAS D. VANDER MOLEN JAY F. COON MARK A. JARBOE STANLEY M. REIN BRUCE D. BOLANDER CHARLES L. POTUZNIK VERLANE L. ENDORF DENNIS P BURATTI OF COUNSEL GEORGEANN BECKER DONALD WEST ROBERT L. HOBBINS WALDO F. MAROUART BARRY D. GLAZER GEORGE E ANDERSON PETER S. HENDRIXSON JOHN F. FINN Re: Land Title Registration No. 18179 Outlot A, Dahlquist Addition Replat I enclose, for your information and file, a letter received today from the attorney for Reeves in the above matter. Very truly yours, TSE /abc Thomas S. Erickson Enclosure A THOMAS WURST DONALD R. BUNDLIE GERALD T. CARROLL FORD W. CROUCH THOMAS F. UNDERWOOD ALBERT FAULCONER III LAW OFFICES OF WORST, BUNDLIE, CARROLL AND CROUCH 812 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 September 29, 1977 Mr. Thomas S. Erickson, Esq. Dorsey, Windhorst, Ham-ia.ford Whitney & Halladay 2300 First National Bank Building Minneapolis, :1L-mesota 55402 Re: Land Title Registration No. 18179 Reeves, Applicants and Ostby, Cross Applicants Dear Mr. Erickson: RECEIVED S E P 3 0 1977 AREA CODE 612 TELEPHONE 338 -8911 This will confirm our recent telephone conversation regarding preservation of the easement to the City of Edina over Outlot A, Dahlquist Addition Replat. As I indicated to you at that time, the Examiner recommended Edina as a defendant because the Abstract dis- closed the granting of the easement but did not disclose acceptance thereof by the City. It is our intention to furnish the Examiner with evidence of acceptance by the City at the hearing so that the Decree of Registra- tion will be entered subject to the City's interest. If you require further information, please feel free to call. V yy i' Thomas F. Underwood TFU: cv DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY JOHN W WINDHORST MICHAEL A. OLSON HENRY HALLADAY LARRY W. JOHNSON JULE HANNAFORD THOMAS S. HAY ARTHUR B. WHITNEY G. LARRY GRIFFITH RUSSELL W. LINDQUIST CRAIG A. BECK DAVID R. BRINK DAVID L. McCUSKEY HORACE HITCH THOMAS O. MOE VIRGIL H. HILL JAMES H.0 HAGAN ROBERT V. TAR BOX JOHN M. MASON ROBERT J. JOHNSON MICHAEL W. WRIGHT MAYNARD B. HASSELOUIST LARRY L. VICKREY PETER DORSEY LOREN R. KNOTT GEORGE P. FLANNERY PHILLIP H. MARTIN CURTIS L. ROY REESE C JOHNSON ARTHUR E. WEISBERG CHARLES J. HAUENSTEIN DLANE E. JOSEPH CHARLES A. GEER JAMES B.VESSEY JOHN C. ZWAKMAN WILLIAM A WHITLOCK JOHN RWICKS EDWARD J. SCHWARTZBAUER EUGENE L. JOHNSON THOMAS M. BROWN JOHN W. WINDHORST, JR. CORNELIUS D. MAHONEY, JR. MICHAEL PRICHARD WILLIAM C. BABCOCK JOHN P. VITKO THOMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E. DRESS RICHARD G. SWANSON RAYMOND A. REISTER FAITH L. OHMAN JOHN J. TAYLOR DAVID A. RANHEIM WILLIAM J. HEMPEL ROBERT J. SILVERMAN JOHN 5, HIBBS THOMAS R. MANTHEY ROBERT O. FLOTTEN WILLIAM R. HIBBS JOHN D. LEVINE PHILIP F. BOELTER ROBERT J. STRUYK WILLIAM 8. PAYNE 2300 FIRST NATIONAL BANK BUILDING M I N N E A P O L I S, M I N N E S O TA S S 4 0 2 (612) 340 -2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER: (612) 340 -2868 1468 W —FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227 -8017 Mr. Robert C. Dunn Edina City Engineer 4801 West 50th Street Edina, Minnesota 55424 Dear Bob: 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288 -3156 September 28, 1977 Re: Dahlquist Addition Replat ROBERT A. HEIBERG NICK R. MAY JOHN D. KIRBY IRVING WEISER ROBERT A. SCHWARTZBAUER STEPHEN E. GOTTSCHALK DAVID N. FRONEK THOMAS W. ELKINS THOMAS W. TINKHAM KENNETH LCUTLER JON F. TUTTLE GARY M. JOHNSON EMERY W BARTLE THOMAS W. FINN WILLIAM A. JOHNSTONE JAY L. BENNETT STEVEN K. CHAMPLIN ROBERT G. BAYER MICHAEL J. RADMER SUZANNE B. VAN DYK MICHAEL TRUCANO STUART R. HEMPHILL JAMES A. FLADER J DAVID JACKSON DAVID L BOEHNEN W. CHARLES LANTZ MICHEL A. LAFOND DOUGLAS E. RAY DON O. CARLSON STEVEN F. WOLGAMOT PAUL J. SCHEERER J. MARQUIS EASTWOOD DAN F. NICOL EDWARD J. PLUIMER FRANK H. VOIGT KENNETH W. ERICKSON WILLIAM H.HI PPEE,JR. OWEN C. MARX ROBERT A. BURNS JAMES E. BOWLUS ROGER J. MAGNUSON GEORGE LCHAPMAN J. ROBERT HIBBS THOMAS D. VANDER MOLEN JAY F. COOK MARK A. JARBOE STANLEY M. REIN BRUCE D. BOLANDER CHARLES L. POTUZNIK VERLANE L ENDORF DENNIS P BURATTI OF COUNSEL GEORGEANN BECKER DONALD WEST ROBERT L. HOBBINS WALDO F MARQUART BARRY D. GLAZER GEORGE E. ANDERSON PETER S. HENDRIXSON JOHN F. FINN On or about September 14, 1977, the City of Edina was served with a Land Title Summons, Case No. 18179. The City was served because it had an easement for utility and emergency vehicle access over Outlot A in Dahlquist Addition Replat. The Examiner of Titles asked that the City be served because he had no evidence of record that the City had accep- ted the easements and desired to retain those easements. Subsequently I spoke with the attorney for the ap- plicant. I advised him that the City did accept those easements and wanted to preserve them. He advised me that the registra- tion proceeding would be completed with the determination that the easements had been accepted by the City and were in force and effect in favor of the City. I am to receive a letter to that effect. I will forward that letter to you when received. very truly yours, TSE /abc Thomas S. Erickson cc: Ms. Florence B. Hallberg Mr. Warren C. Hyde