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Home My WebLink About2034605-6954 WHEREAS, on the 9th day of May, 1976, Edina Properties, Inc., a Minnesota corporation, Grantor, and the Housing and Redevelopment Authority of Edina, Minnesota, a body politic and corporate under the laws of the State of Minnesota, Grantee, entered into that certain License and Agreement filed May 13, 1976, as Document No. 4206856, office of the Hennepin County Recorder, and WHEREAS, said License and Agreement granted to Grantee the sole and exclusive right and license to use the walls of any of the buildings presently situated on the property described on Exhibit B attached hereto and made a part hereof that abut or adjoin the strip of land described on Exhibit A attached hereto and made a part hereof for specific uses set forth therein: and WHEREAS, Grantee has recently obtained and recorded new easements relating to said property and therefore desires to terminate said License and Agreement. NOW THEREFORE, the Grantee does forever release, discharge and terminate said License and Agreement and all easements created thereby effective immediately. IN WITNESS WIJEREOF, Grantee has caused this instrument to be duly executed this/ � day of X1993. HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By S Its lc. And Its STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was a owle ged before m t ' � day � of c-. 1993, b c� a;c L r �'Q-u �L - A the t and respectively, of HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota, on behalf of said authority. Ec DARLENE J. RITT'MILLER P.') AqY PUCLIC - MINNESOTA h-�ENNEPIN COUNTY C.:y G: ' mission Expires Oct 15, IM %76417% - This instrument was drafted by: Dorsey & Whitney (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 -1498 2 Notary • All that part of Lots 26 and 27, Auditor's Subdivision No. 172, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota lying westerly of the following described line: Beginning at a point in the south line of said Lot 27, distant 60.00 feet west of the southeast corner thereof when measured along said south line; thence northerly to a point on a line drawn parallel with and 31.0 feet north of the south line of said Lot 27, which point is 59.86 feet west of the east line of said Lot 27 when measured along said parallel line; thence westerly along said parallel line a distance of 2.65 feet; thence northerly to a point in the north line of said Lot 26, distant 61.41 feet west of the northeast corner thereof when measured along said north line, and there terminating. Lot 28, Auditor's Subdivision No. 172, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. 6'0569t5 29MAR9310:51 06056954 SCD 29MAR9310:51 D6056954 DOC $16-00 OFFICIF kn� "CRDER EFIN Cm i'lly, KYiESOTA l 93 MAR 9 AM 10: 46 's , A LIC. 6056954 [,rPUTY rig .4e E E -'r �-,,)PY FEE 4206856 r Y LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT, Made this &JV, day of M AI , 1976, between EDINA PROPERTIES, INC., a Minnesota corporation, (herein called "Grantor "), and the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota (herein called "Grantee "), WITNESSETH: That Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by Grantee, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, bargain., sell, convey, and warrant unto Grantee, its successors and assigns, the sole and exclusive right and license to use the walls of any of the buildings (the "Buildings ") presently situated on the property described on Exhibit B attached hereto and hereby made a part hereof that abut or adjoin the strip of land (the "Easement Area ") "described on Exhibit A attached hereto and hereby made a part hereof, to the extent deemed necessary or desirable by Grantee for the following purposes: (a) Installing, reinstalling, maintaining, repairing and altering signs of a public nature, and a lighting system for the Easement Area, such signs and lighting system to be of such quantity, and of such kind, design and quality as Grantee from time to time shall determine. (b) Supporting any roof which may be constructed over the Easement Area, such roof to be of such type, design and quality as Grantee shall determine, including the right to attach to or build into such walls such braces, brackets, supports, cables, beams and other devices or materials as may be necessary or convenient for the construction and maintenance of such roof. Grantor and Grantee, for themselves and their respective successors and assigns, for the foregoing considerations, further agree (Grantee so agree- ing by acceptance hereof) with respect to the rights and licenses above granted as follows: 1. This license shall terminate at such time as the Buildings may be voluntarily destroyed or removed from the premises described on Exhibit B; provided, however, that Grantor shall have given Grantee at least ninety (90) days' prior written notice of the date on which Grantor commences demolition or removal of said Buildings. 2. Any and all signs and lighting equipment, and any and all materials or devices provided by Grantee for support of any roof constructed over the Easement Area, which may be placed on the walls of the Buildings pursuant to this license shall be and remain the property of Grantee and may be removed and replaced at any time and from time to time by Grantee. Grantee agrees to repair promptly any and all damage done to any wall as a result of or in connection with the use thereof by Grantee for any of the purposes allowed by this license. 3. If, on the termination of this license, Grantee has not removed all of its signs, lighting equipment and roof support devices, then all of such materials not so removed shall become the property of Grantor and may be removed and disposed of as Grantor sees fit, without compensation to Grantee, and without any liability of Grantee for any costs incurred by Grantor in connection with such removal and disposal. 4. Grantee covenants and agrees to indemnify and hold Grantor harmless from and against any and all actions, suits, claims, judgments, costs and expenses, including reasonable attorney's fees, brought against or incurred by Grantor and resulting from the exercise by Grantee of the rights and privileges herein granted to Grantee. 5. All notices, reports or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to any officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses: -2- To Granto -r: 1450 West Lake Street Minneapolis, Minnesota 55408 To Grantee: 4801 West 50th Street Edina, Minnesota 55424 Attention: Executive Director Such addresses may be changed by either party upon notice to the other party given as herein provided. 6. Grantee herein, at any time, may transfer and assign all of its rights and obligations under this license to the City of Edina, and Edina shall agree, in writing, to assume all of the obligations of Grantee herein. A duly executed copy of such transfer and assignment, and assumption, shall be given to Grantor. Upon giving such:copy:to Grantor, Grantee.herein shall have no further obligation hereunder to Grantor, its successors or assigns. 7. The provisions hereof shall be deemed covenants running with the property described on said Exhibit B, and shall extend to and bind the Grantor, its successors and assigns, and all future owners of the property described on said Exhibit B. IN WITNESS IMEREOF, Grantor has caused this instrument to be executed the day and year first above written. Th6 jnd WMd w As" d bV Dorsey. Marquari, k4Vbdh "t, Woof & "leday Est National Bark #1l. M. '5Z EDIN RO RTIES, INC. j l i By Its ChairmarL And Its �X- This instrument is Exempt from State Deed Tax. STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoih' nstrument was,/,acknowledW before me t %�- day of 1976, by( `°` V r and -- - of EDINA PROPERTIES, INC., a Minnesota corporation, on bibnily of 4e corporation. r r� e Notary Public fA�t f- t L i Fi H u !�� f✓l E i� -3- /VO7,fkit/ %JU/u' /1' i EXHIBIT A All that part of Lots 26 and 27, Auditor's Subdivision No. 172, Hennepin County, Minnesota, according to the plat, thereof.on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota lying westerly of the following described line: Beginning at a point in the south line of said Lot 27, distant 60.00 feet west of;the southeast corner thereof when measured along said south line; thence northerly to a point on a lire drawn parallel with and 31.0 feet north of the south lire of said Lot 27, which point is 59.56 feet west of the east line of said Lot 27 when measured along _ said parallel line; thence westerly along said parallel line a distance of 2.65 feet; thence northerly to a point in the north line of said Lot 26, distant 61.41 feet west of the northeast corner thereof when measured along said north line,,and there terminating. No Cf, - '7W' HFNNEPI� C r �d y' stilt ll�� 1y N c N1,y, MINN. � O 1BY 1rhia N 4IRECTOR for it/ a cut n Ye d o ®epU � axes ales EXHIBIT B Lot 28, Auditor's Subdivision No. 172, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. .r 61" I/ Ihau m ,mop NO tau frig m ,"0 1� `NNIN 'uNnO3 NId3N430 NQISIA10 33NVNIJ 'r OWN" J "(ft tuob lep ON 4206856 YAY 13-76 6 8 5 6 W C005.25go B OFFICE OF REGISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within 111111dvment was filed for record in this Woe On 13 dq of MAY A.D. 1976 at o2.) o'Cloc� M., and was duly recorded In bWR �Sof Hen pAp h Records Page `t'G L n� REGR OE DEEDS DEPUTY REGISTER OF DEEDS REC FEE S- COPY FEE _. 0-8-WWAO 4X36/ � -