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AGREEMENT
THIS AGREEMENT, made this fb�= day of , 1975, by and
between GRANDVIEW CONSTRUCTION COMPANY, a Minnesota corporation ( "Grandview ");
JERRY's ENTERPRISES, INC., a Minnesota corporation ( "Jerry's "); GERALD A.
PAULSEN and SHIRLEY ANN PAULSEN, his wife ( "Paulsens "), (all hereinafter
called "Parties of the First Part "), and the CITY OF EDINA, a Minnesota
municipal corporation ( "Edina ");
WITNESSETH THAT:
WHEREAS, Edina is the fee owner of the property described in
Exhibit 1 attached hereto (the "Edina Tract "); and
WHEREAS, Grandview is the fee owner, and Jerry's is the buyer
under contract for deed,of the property described in Exhibit 2 attached
hereto (the "Grandview Tract "); and
WHEREAS, Paulsens are the fee owners of Parcel II, and Jerry's is
the fee owner of Parcel I, of the property described in Exhibit 3 attached
hereto (the "Paulsen Tract "); and
WHEREAS, Grandview, Jerry's, Paulsens, and Edina desire
to provide for the acquisition and improvement, for public parking and drive-
way purposes (the "Project "), of those parts of the Edina Tract and the Grand-
view Tract described in Exhibit 4 attached hereto (the "Parking Area "), and
of the Easement Area as described in Exhibit 5 attached hereto, and also for
the payment of the costs of such acquisition and improvement, all pursuant to
the provisions hereinafter contained.
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other
good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by Grandview, Jerry's, Paulsens, and Edina, the parties
hereto hereby agree as fOILOWS:
1. Grandview and Jerry's hereby agree to sell and convey to Edina,
by warranty deed, all that part of Parcel I of the Grandview Tract lying and
being within the Parking Area (the "Deeded Area "), and to sell and convey an
easement (the "Easement ") for driveway access, in the form of Exhibit 5
attached hereto, and in the location set out in said Exhibit 5, subject
to being moved pursuant to the provisions of said Exhibit 5, and Edina
agrees to purchase said Deeded Area and to accept the Easement, on the
following terms and conditions:
(a) At Closing, and in exchange for the duly executed and
recordable warranty deed to the Deeded Area and Easement, Edina shall pay
to Grandview and Jerry's the sum of Sixty five thousand four hundred eighty
and no /100 Dollars ($65,480);
(b) The deed and Easement shall be subject to the specific
condition that if Edina ever ceases to use the Deeded Area for public
parking, driveway, and pedestrian purposes (with related landscaping),
then the Deeded Area shall be reconveyed, by quit claim deed, to the
then fee owners of the balance of Parcel I of the Grandview Tract, and
the Easement shall be released, upon payment to Edina of the sum paid by
Edina as set out in subparagraph, (a) above. Said reconveyance and release by
Edina shall be without any warranties of any kind by Edina, shall be subject
to any and all then unpaid installments of special assessments, and shall
be further subject to a reservation by Edina of easements affecting any part
of the Deeded Area, on the same terms, to the same extent, and for the same
purposes, as set out in, and containing descriptions determined pursuant to,
subparagraph (d) of paragraph 6 hereof.
(c) Grandview and Jerry's shall deliver to Edina, as soon as
possible after execution hereof, an abstract of title or registered property
abstract to the Deeded Area and that part of the Grandview Tract to be subjected
to the Easement, certified to a current date, and including complete judgment
and tax lien searches. Edina shall have ten (10) days after receipt of such
abstract to examine the title and to make any objections thereto, such objec-
tions to be made in writing within said time or to be deemed to be waived.
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1
a
Grandview and Jerry's shall correct and remove any such title objections as
soon as possible, and at their expense, and if not corrected and removed within
sixty (60) days after said ten -day period, this agreement may be terminated
by Edina or by Grandview and Jerry's, by written notice given to the other
Pursuant to paragraph 8 hereof, or the title objections may be waived by
Edina by notice given by Edina pursuant to paragraph 8 hereof, within ten
(10) days after said 60 -day period or prior to termination by Grandview
and Jerry's, whichever is later. If terminated, no party hereto shall
have any further obligations or liabilities hereunder to any other party.
If such title objections are waived by Edina, this Agreement shall be con-
summated according to the terms.
(d) The warranty deed and Easement shall warrant fee ownership
in Grandview and Jerry's of the Deeded Area and that part of the Grandview
Tract to be subjected to the Easement, free, and clear of any and all liens
and encumbrances whatsoever, except that the Easement may be subject to
unpaid installments of special assessments and real estate taxes which
are not delinquent. The Easement shall be executed by any mortgagees or
other lien holders to subject their lien interests to the rights of Edina
under the Easement, and shall also be executed by any and all other parties
hereto who have or claim any interest in the area to be subjected to the
Easement. Provided, however, that the Deeded Area shall be subject to a
reservation in favor of the grantors, and their successors and assigns, of
an underground easement for the waterline for fire purposes and the gas
line now constructed under the Deeded Area, including the right to construct,
reconstruct, maintain, and repair the same; provided, further, however, that
in connection with any such construction, reconstruction, maintenance, or
repair, the grantors, and their successors and assigns, shall interfere with
the use of the surface of the Deeded Area as little as possible, and shall
promptly replace, repair, and restore, at their own cost, any and all damage
done to the Deeded Area, including, but not limited to, restoration and re-
placement of all hardtop surfacing and any and all shrubbery, trees, and other
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landscape materials, and if not promptly done, Edina; its successors and assigns,
may do the same, and all costs incurred in so doing, including any attorneys'
fees, with interest thereon at eight (8%) per cent per annum from the date
incurred until paid, shall be.paid upon demand made by the City, and shall be
recoverable in a civil action.
(e) The parties understand and agree that a Registered Land_
Survey ( "RLS ") must be obtained, approved, and filed in connection with the
conveyance of the Deeded Area and Easement to Edina. Edina agrees to obtain
the same, at its expense, as soon as possible. All parties hereto agree to
assist and cooperate in obtaining such RLS approval, to the extent requested
by Edina.
(f) At Closing, Grandview and Jerry's shall pay in full all
real estate taxes against the Deeded Area payable in 1975 and prior years,
and all installments of special assessments payable therewith. Grandview
and Jerry's further agree that all special assessments now outstanding and
unpaid against the Grandview Tract shall be transferred to, and continue as
a lien upon, only that portion of the Grandview Tract not within the Deeded
Area, and none of such special assessments shall be a lien against the Deeded
Area.
(g) At Closing, Grandview, Jerry's, and Edina shall enter into
a recordable agreement whereby they evidence their agreement and understanding
that the mutual easements for parking and pedestrian use granted by the Agree-
ment (Mutual Easements) between Grandview Construction Company and the Village
of Edina dated December 31, 1970, have been terminated as to the Deeded Area
and Easement, but shall be and remain in full force and effect as to all other
properties and areas described in said Agreement (Mutual Easements).
2. The costs of the Project, to be assessed in the manner herein-
after set out, shall include the following:
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(a) All costs, including attorneys' fees, incurred by Edina
in connection with the acquisition by Edina from the Minneapolis, Northfield &
Southern Railway of the East One -half (E 1/2) of Brookside Avenue included
in the Edina Tract.
(b) All costs, including attorneys' fees, incurred by Edina
in connection with the acquisition of the Deeded Area and Easement pursuant
to paragraph 1 of this Agreement, including, without limitation, the costs
incurred in obtaining and filing a Registered Land Survey.
(c) The assessed value of that part of the Edina Tract included
within the Parking Area;
(d) All other costs of improving the Parking Area for public
parking and driveway purposes, including, but not limited to, those set out
in Estimate of Cost prepared by Robert C. Dunn, P.E., Director of Public Works
and City Engineer, City of Edina, dated June 3, 1974, for Improvement No.
P -P -2, it being understood and agreed by the parties hereto that the costs
set out in said Estimate of Cost are estimates only, as to the amount, kind,
and cost of material, and that the exact extent and cost of the Project,
including add -ons of Ten percent (10 %) for engineering services, Two percent
(2%) for clerical services, and Nine percent (9%) for capitalized interest,
shall be determined and known only when completed.
3. The Project shall be constructed in substanti4l conformity
with the parking lot design shown on Exhibit b attached hereto, but otherwise
shall be constructed pursuant to plans and specifications to be prepared by
Edina and containing such provisions and requirements as Edina, in its sole
discretion, shall deem necessary or desirable; provided, however, that there
shall be constructed, as part of the Project, a pedestrian walkway, with a
style and design, and in the location, to be determined by Edina, from the
Parking Area to the self - service loading entrance at the rear of the building
now located upon Tract B of the unnumbered Registered Land Survey attached to
Exhibit 4.
V
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4. The area to be assessed for the costs of the Project .(the
"Assessment Area ") shall be the Edina Tract, the Grandview Tract, the
Paulsen Tract, and the property described in paragraph 5 hereof.
The costs of the Project shall be assessed and spread over a twenty -year
period, at an interest rate to be determined by Edina based upon the condition
of the municipal bond market as of the date the assessment is levied, but not
in excess of Seven percent (7%). The Project cost set out at paragraph 2(b)
above will be assessed Thirty -one percent (31 %) against the Edina Tract
and Sixty -nine percent (69 %) against the other tracts above listed,
exclusive of the Deeded Area, and the property described in paragraph 5. All
of the other costs of the Project will be assessed Forty -five percent
(45%) against the Edina Tract and the Deeded Area, and Fifty -five percent
(55 %) against the Grandview Tract and the Paulsen Tract (exclusive of the
Deeded Area) and the property described in paragraph 5. The amount assessed
against the Grandview Tract and the Paulsen Tract (exclusive of the Deeded Area)
and the property described in paragraph 5 shall be divided among such tracts
and property on a square -foot basis.
5. At Closing, Edina agrees to convey to Jerry's, by quit claim
deed, in exchange for the sum of One thousand seven hundred ninety -two and
78/100 Dollars ($1,792.78), to be paid to Edina in cash or by certified or
cashier's check, and in exchange for execution and delivery of the warranty deed
and Easement to be delivered to Edina pursuant to paragraph 1 above, the tract
of land described as follows:
That part of Lots 11 to 15 inclusive, Block 4, lying East of
State Highway No. 5, Grand View Heights, and that part of the
adjacent portion of West Half of vacated Summit Avenue lying
between the Easterly extensions across said Avenue of the North
line of said Lot 11 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,
which land is no longer needed by Edina for any public purpose. Such conveyance
to Paulsens shall not affect in any way the existing special assessments
against the Grandview Tract or the Paulsen Tract. In the event any part of
the Easement crosses over any of the property above described in this para-
graph 5, Edina shall reserve unto itself the right to use such portion on the
same terms as set out in-said Exhibit 5.
6. At the time the Easement and Deeded Area are reconveyed and
released pursuant to paragraph 1(b) hereof, Edina also shall convey,by quit .
claim deed, and without any consideration additional to the consideration
received by it' -in connection with this Agreement, all of its right, title, and
interest in and to that part of the East_One -half (E 1/2) of Brookside Avenue
as shown on the plat of Grand View Heights;on file in the office of the Register
of Deeds, Hennepin County, Minnesota, which lies between the Easterly extension
of the South line of Lot 6, Block 3, said plat of Grand View Heights, and
the Easterly extension of the North line of Lot 4, Block 3, said plat of
Grand View Heights. Said conveyance shall be to the same person named.as
grantee in the conveyance.of the Deeded Area, pursuant to paragraph l(b)
hereof, and shall be subject to:
(a) The reservation of a perpetual, nonexclusive easement for -:=°
roadway purposes, for the benefit of the owners and occupants of the East 90
feet of Lots 11 to 19, inclusive;- and_Lots 2 to.10, inclusive, Block 2, said plat
of Grand View Heights, over and across that portion of said Brookside Avenue
to be conveyed which lies South of the North line of said Lot 6
(b) Public road easements, if any;
(c) Unpaid installments of special assessments, if any;
(d) The reservation for the benefit of the Edina Tract
and for general public use of perpetual easements 30 feet in width
for the construction, reconstruction, maintenance, and repair of all gas lines,
water lines, sewer lines, and other utility lines, now or at any time prior to
conveyance pursuant to this Agreement, located in, on, or under the property
conveyed, the exact description of which easements shall be determined by Edina
and inserted in the deed prior to delivery.
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I
7. Upon execution and delivery hereof by all parties hereto,
Edina agrees to publish a notice and to set a hearing date, all pursuant
to Minnesota Statutes, Section 412.851 (1971), for the vacation of that part
of Brookside Avenue lying North of the Easterly extension of the Southerly
line of Lot 6, Block 3, Grand View Heights, and lying South of the Southerly
line of Hopkins Road as shown on said plat of Grand View Heights. Edina,
however, shall have no obligation or liability of any kind whatsoever to
any party hereto or to any other person, should the City Council fail or
refuse to vacate said portion of Brookside Avenue, and all other terms and
conditions of this Agreement shall be fulfilled and complied with notwith-
standing the failure or refusal of the City Council to vacate said portion
of Brookside Avenue.
8. Closing shall be within five (5) days after title to the Deeded
Area and the portion of the Grandview Tract to be subjected to the Easement is
found or made marketable, or any title objections are waived by Edina, and
written notice thereof is given by Edina, all pursuant to paragraph 1 hereof,
and the RLS has been approved by Edina. Closing shall be at the City Hall of
Edina. Any notice required or permitted hereunder to be given to Parties of
the First Part, or any of them, shall be given to Gerald A. Paulsen and shall
be deemed given to Gerald A. Paulsen when personally delivered to him or when
deposited in the United States mail addressed to him at 5033 Vernon Avenue
South, Edina, Minnesota 55436. Any notice required or permitted hereunder
to be given to Edina shall be deemed given when in writing and delivered
personally to the City Manager or when deposited in the United States mail
addressed to him at 4801 West 50th Street, Edina, Minnesota 55424.
9. Edina shall have the right, at any time from,and after the date
of execution hereof by all parties hereto, to enter upon the Parking Area with
such men and materials as it may deem necessary or desirable, for the purpose
of constructing the Project. If, however, this Agreement is not consummated
pursuant hereto, because of inability of Grandview and Jerry's to remove title
objections pursuant to paragraph 1 hereof,
and this Agreement is thereby
terminated, Edina shall have no obligation or responsibility for removal of
any materials or improvements placed by it upon the Parking Area, and Edina
may proceed, pursuant to paragraph 4 hereof, to assess all out -of- pocket costs
incurred in connection with the obtaining and placing of such materials and
improvements upon the Parking Area, including the add -ons as allowed and referred
to in subparagraph (d) of paragraph 2 hereof, but not including any attorneys'
fees, except that Thirty -one percent (31 %) thereof shall be assessed against
the Edina Tract and Sixty -nine percent (69 %) shall be assessed against the
Grandview Tract and the Paulsen Tract.
10. This Agreement is made and entered into by Edina pursuant to its
general statutory powers and also pursuant to Minnesota Statutes Section 459.14
and Minnesota Statutes Chapter 429.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be duly executed the day and year first above written.
GRANDVIEW CONSTRUCTION COMPANY
by
and
by
Its
t s A
ENTERPRASES, I19C.
Its
Ate' r
and.
Its
GERALD A. PAULSEN
SHIRLEY ANN PAULSEN
CIT
by
and
-9-
STATE OF MINNESOTA )
SS.
COUNTY OF
The rforegoing instrument
d of , 1975, by
COMPANY, a Minnesota corporation.
STATE OF MINNESOTA
SS.
COUNTY OF /� )
The foregoing instrument
day of , 1975, by
SH #A(.EY 14A►N PAIlL S EoJ ,
SECRc7"44$' 51
a Minnesota corporation.
STATE OF MINNESOTA
) SS.
COUNTY OF Au— f,�,�,
wa cknowle ed bef re me this —/0
and
as i1 v: e__ L and
respectively, of GRANDVIEW CONSTRUCTION
RCSti,:' ,RY L. G RiGGS
Notary Pj;`c, ii nner;in County, Minn.
Pdty Commission Ex}�i?c_; f:i r. 3D, 1976.
was acknowledged before me this
6�- VX,4 a1 0 4. Pifu1- 3 Ee✓ and
as pR ES t DE T and
respectively, of JERRY'S ENTERPRISES, INC.,
GREGORY D. GUST ISO_•Y
Notary Public, County, Mini.
Illy Commisdon Expires Max. 13, 197-8
The foregoing instrument
day of ' , 1975, by
his wife.
STATE OF MINNESOTA
SS,
COUNTY OF HENNEPIN
was acknowledged before me this
GERALD A PAULSEN and SHIRLEY ANN PAULSEN,
GREGORY D. GUSTAFSON
Notary Public, Hennepin County, Minn;
My Commission Expires Max. 13, 1979
The foregoing instrument was acknowledged before me this
day of "1(i� , 1975, by JAMES VAN VALKENBURG and WARREN C. HYDE,
Mayor and Manag r, respectively, of the CITY OF EDINA, a Minnesota municipal
corporation.
FLORENCE B. H i RE };r
Notary P 'ic, nn°-1r ;Ity. ubm
MY Comt is; ioa Exp , „zc. 31. 1978,
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EXHIBIT 1
Edina Tract
Lots 1, 2 and 3, except that part of said Lots taken by the State of
Minnesota for State Highway purposes, and except that part of said Lots
2 and 3 lying Southwesterly of a line running from a point on the West
line of said Lot 2, distant 15.86 feet South from the Northwest corner
of said Lot 2, measured along said West line, to a point on the South
line of said Lot 3, distant 39.22 feet West from the Southeast corner
of said Lot 3, measured along said South line, all in Block 3, Grand-
view Heights, according to the plat thereof on file or of record in the
office of the Register of Deeds in and for said County. Also, the West
one-half of Brookside Avenue, as shown by said plat of Grand View Heights,
which lies between the Easterly extension of the Southerly line of Lot 3,
Block 3, said plat of Grand View Heights, and the extension across said
Brookside Avenue of the South line of Hopkins Road, as shown in said
plat of Grand View Heights. Also, the East one-half of Brookside Avenue,
as shown by said plat of Grand View Heights, which lies between the
Easterly extension of the South line of Lot 6, Block 3, said plat of
Grand View Heights, and the extension across said Brookside Avenue of the
South line of Hopkins Road, as shown on said plat of Grand View Heights.
{
EXHIBIT 2
Grandview Tract
PARCEL I• That part of Lots 2 and 3 lying Southwesterly of a line running from a
point on the West line of said Lot 2 distant 15.86 feet South from the
Northwest corner of said Lot 2, measured along said West line, to a
point on the South line of said Lot 3, distant 39.22 feet West from
the Southeast corner of said Lot 3, measured along said South line and
Lots 4, 5, 6, 25, 26 and 27 except that part of said Lots taken by the
State of Minnesota for State Highway purposes, Block 3, Grand View
Heights, according to the plat thereof on file or of record in the
office of the Register of Deeds in and for said County. Also, the West
one -half of Brookside Avenue, as shown by said plat of Grand View Heights,
which lies between the Easterly extension of the South line of Lot 6,
and the Easterly extension of the South line of Lot 3, all in Block 3,
said plat of Grand View Heights.
PARCEL II: Also, Lots 20, 23, and 24, Block 3, said plat of Grand View Heights.
'PARCEL III: Also, the East 1/2 of Summit Avenue vacated adjoining said Lot 20, and
Lots 23 to 25, inclusive, Block 3, said plat of Grand View Heights.
PARCEL IV: That part of Lots 12 to 15 inclusive, Block-4, Grand View Heights, and
that part of the adjacent portion of West.Half of vacated Summit Avenue,
adjoining Lots 11 to 15 inclusive, lying between the Easterly extensions
across said Avenue of the North line of said Lot 11 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.
I
CONSENT
MINNESOTA FEDERAL SAVINGS AND LOAN ASSOCIATION, a United States
of America corporation, Mortgagee of the property described in Exhibit 2
attached hereto, as evidenced by Document No. 4001905 in the office of the
Register of Deeds, Hennepin County, Minnesota, and by Document No. 1062771
in the office of the Registrar of Titles, Hennepin County, Minnesota,
hereby consents to the terms and conditions of the Agreement to which this
Consent is attached, including, without limitation, the Easement to be granted
to the City of Edina over and across the property described in Exhibit 2
attached to said Agreement, and agrees to release of record the Deeded Area
from the said mortgages, and further agrees that the lien of its mortgages,
and all extensions, replacements, and renewals thereof, shall be subject.and
inferior to the rights of Edina under the Easement granted to Edina pursuant
to the said Agreement.
Dated: May 7, 19 7 5
In Presence of:
STATE OF MINNESOTA )
SS.
COUNTY OF Ramsey )
SAV"S AND LOAN ASSOCIATION
T
On this 7th day of May , 1975, before me, a
Notary Public within and for said county, personally appeared John A. Hoffner
and Helen Ann Peters , to me personally known,
who, being by me duly sworn, did say that they are the Vice President
and the Asst. Secretary , respectively, of MINNESOTA FEDERAL SAVINGS
AND 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 John A. Hoffner
and Helen Ann Peters acknowledged said instrument to be the free act and
deed of said corporation.
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HYACINTH J. LEVASScUR
NOTARY PUBLIC - W0,FSOT.A
RAMSEY COUNTY
My Comm. Expires Sept. 17, 1980
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EXHIBIT 3
Paulsen Tract
PARCEL I: Lots Twenty -one (21) and Twenty -two (22), Block Three (3), Grandview
Heights, according to the map or plat thereof on file or of record
in the office of the Register of Deeds in and for said Hennepin
County, Minnesota.
Also, the East 1/2 of Summit Avenue vacated adjoining said Lots 21 and
22, Block 3, said plat of Grand View Heights.
Also:
PARCEL II: Tract A: Lots 11 to 19 inclusive, Block 3, and Lots 18 to 20 inclusive,
Block 4, Grand View Heights, together with the East 1/2 of
Summit Avenue vacated adjoining Lots 15 to 19 inclusive,
Block 3, said block and addition, and the West 1/2 of Summit
Avenue vacated adjoining Lots 18 to 20 inclusive, Block 4,
said block and addition, according to the plat thereof on
file and of record in the office of the Register of Deeds in
and for Hennepin County, Minnesota.
Tract B: 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 adjoining 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 Hennepin County.
Tract C: That part of Lot 17 lying East of a line drawn from the South-
west 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,
in Block 4, Grand View Heights, according to the plat thereof
on file and of record in the office of the Register of Deeds
in and for Hennepin County, Minnesota, and that part of the
West half of the adjoining vacated Summit Avenue lying between
the extensions across it of the North and South lines of said
Lot 17, according to the plat thereof on file and of record
in the office of the Register of Deeds in and for Hennepin
County, Minnesota.
EXHIBIT 4
Parking Area
Tract C, as shown on the unnumbered Registered Land Survey
attached to this Exhibit 4, including the west one -half of
Brookside Avenue lying between the westerly extensions of
the north and south lines of said Tract C;
Also, that part of Tract A, as shown on said Registered Land
Survey, lying easterly and northeasterly of the easterly and
northeasterly walls of the Edina Liquor Store building now
located upon said Tract A, and lying northeasterly of the
northwesterly extension of the northeasterly wall of said
liquor store, and including the west one -half of Brookside
Avenue lying between the westerly extension of the north and
south lines of said Tract A, and including the east one -half
of Brookside Avenue, as shown by said plat of Grand View
Heights, which lies between easterly extension of the south
line of Lot 6, Block 3, said plat of Grand View Heights, and
the extension across said Brookside Avenue of the south line
of Hopkins Road, as shown on said plat of Grand View Heights.
N
REGISTERED LAND SURVEY NO.
RE ASSUMED HENNEPIN COUNTY, MINNESOTA
)NUMENT
80 120
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EXHIBIT 5
EASEMENT FOR PUBLIC DRIVEWAY PURPOSES
THIS INSTRUMENT, Made this day of , 1975,
by and between GRANDVIEW CONSTRUCTION COMPANY, a Minnesota corporation, and
JERRY'S ENTERPRISES, INC., a Minnesota corporation, parties of the first
part ( "Grantors "), and the City of Edina, a municipal corporation organized
under the laws of the State of Minnesota, party of the second party ( "Edina "),
WITNES-SETH, 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, nonexclusive easement for public driveway
purposes in and over the property situate in the County of Hennepin and
State of Minnesota, to -wit:
Those parts of Lots 11, 12, Block 4, and Lots 23 and 24, Block 3,
Grand View Heights, and of Summit 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,
(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, recon-
structing, or repairing a public driveway upon said Easement Area or Sub-
stitute Easement Area; provided, however, that no curbs or gutters shall be
constructed upon the Easement Area (or then substitute Easement 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 lot and driveway purposes.
I
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 Easement Area or Substitute Easement Area (" Improvements"),
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 increase in such estimate
shall be deposited with Edina by Grantors, in cash, on demand, and if not so
deposited, the amount demanded and not deposited shall bear 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 reasonable 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' 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.
-2-
t
Upon compliance with all of the foregoing ten-.q,,;-and condi-
tions 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. , Files of the Registrar
of Titles, Hennepin County, Minnesota,
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 Ares.) to the then
fee owners of the servie.nt 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 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 Sub-
stitute 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.
-3-
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.
STATE DEED TAX DUE HEREON: Exempt
lids instrument was drafted by
Dorsey, Marquart, Windhorst, West & Halladay
2400 1st National Sank Bldg,
Minneapolis, Minnesota 55.0,02
GRANDVIEW CONSTRUCTION COMPANY
by
and
JERRY f,$ ,ENTERPRIIS ES ,
by
its
and
�--�
and
Its
—4—
i'
STATE OF MINNESOTA )
�J ) SS.
COUNTY OF ✓����
The foregoing instrument was acknowle ed before me this
d of 1975, by and
as and
respectively, of GRANDVIEW CONSTRUCTION
COMPANY.
STATE OF MINNESOTA )
SS.
COUNTY OF )
day of
ROSE AIRY L. GRIGGS
Notary Public, lq. i1:(--.pin 'County, Minn.
My Commission Lxriras .jar. 30, 1976.
The foregoing instrument was acknowledged before me this
, 1975, by and
, as
; respectively, of JERRY'S ENTERPRISES,
INC.
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
and
The foregoing instrument was acknowledged before me this
day of , 1975, by JAMES VAN VALKENBURG and WARREN C. HYDE,
Mayor and City Manager, respectively, of the CITY OF EDINA.
FLORENCE B
Notary PL:! � . 1,
Lxp , 1
3
MV
CONSENT TO EASEMENT
WHEREAS, as evidenced by Document No. 4001905, in the office of
the Register of Deeds, Hennepin County, Minnesota, 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 Construc-
tion 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.
NOW, 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 created by said Easement instrument.
Dated: May 7, 1975
STATE OF MINNESOTA )
Ramsey ) SS.
COUNTY OF blEdRW2" )
by
-LOFN ASSOCIATION
Its_ Asst. Secret8r3_
On this 7th day of May , 1975, before me, a Notary
Public within and for said County, personally appeared John A. Hoffner
and Helen Ann Peters , to me personally known, who, being each by
me duly sworn, did say that they are respectively the Vice President
and Asst. Secretary of MINNESOTA FEDERAL SAVINGS AND LOAN
ASSOCIATION, the corporation named in the foregoing instrument, and that the
seal affixed to said instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation
by authority of its Board of Directors, and said John A. Hoffner
and Helen Ann Peters acknowledged said instrument to be the free act and
deed of said corporation.
This .istruw, /Gti1-
MAA11~,MAMM Y
Durspy, Marquart, Windl,or:,J, ',� cst & Hailaday < :; :> HYACINTH J. LE VASSEUR
2400 1st Natinnal gan1r PW <' NOTARY PUBLIC - h1iPJNE OTA
RAPASEY COUNTY
Mim*opoLN Minp1esQ14 55402 My Comm. Expires Sept. 17, 1980
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