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HomeMy WebLinkAbout2253510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. PAUL,MINNESOTA 55101 (612) 227 -8017 P. 0. BOX 846 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288 -3156 ZZ S3 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 -2600 TELEX:29 -0605 TELECOPIER : (612) 340-2868 312 FIRST NATIONAL BANK BUILDING THOMAS S. ERICKSON, P. A. WAYZATA, MINNESOTA 55391 (612)475 -0373 (612) 340 -2659 February 16, 1984 Mr. Fran Hoffman City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Fran: 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59,401 (406) 727 -3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202) 955 -1050 30 RUE LA BO&nE 75008 PARIS, FRANCE O11 331 562 32 50 Re: Outlot C, Walnut Ridge Third Addition Attached hereto is a memorandum to me from deEtt Allen, one of our paralegals, relative to the City easements on Outlot C, Walnut Ridge Third Addition. In addition to the older easements which are noted on the memorandum, there is attached a copy of the easements given by Novus Property Company on December 7, 1983. Please review this grant of easements and let me know if there are any problems. I am specifically concerned with the last full paragraph on page 1 which relates to construction of improvements on the easements. I know you were worried about the existence of improvements already on the easements. Also, the last paragraph of the easements seems to state there are, in fact, some improvements over the easements which were granted to you. Do these easement descriptions and the improvements on the easement areas (if any) cause you any difficulties? If so, please let me know. Very truly yours, Thomas S. Erickson TSE:jd enclosure MEMORANDUM TO: Tom Erickson FROM: deEtt Allen RE: Outlot C, Walnut Ridge Third Addition Title to this property is owned by Novus Property Company, a Massachusetts Business Trust, Certificate of Title No. 642774. There is memorialized on said Certificate the following easements relating to Edina: 982801 Easement dated 11 -6 -70 filed 11 -16 -70 for Scenic and Open Space over property described as follows: All that part of Outlot C . . . described as: Commencing at the point of intersection of the North line of said Outlot C and a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C; thence Southerly along a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C to the point of intersection of said parallel line with the Northerly line, extended Westerly, of West 60th Street as shown on the plat of Walnut Ridge and Walnut Ridge First Addition; thence Southwesterly to the point of intersection of the Southerly line, extended Westerly, of said West 60th Street with a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C; thence Southerly along a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C to the Southerly line of said Outlot C and there terminating. /,I 1363354 Easement dated 12 -11 -79 filed 12 -20 -70 granting an easement in perpetuity for drainage - purposes over Westerly 15 feet of the South 560 feet of the North 925 feet of Outlot C. 1550711 Copy Attached. 2 -14 -84 yRAKtS ,C-cF € N TU Za DEPh''`S T of PROPERTY TAXATION DEC 8 1983 "i NF:PiN COUNTY MILAN. 1550711 GRANT OF EASEMENTS 11/18/83 Novus Property Company, a Massachusetts Business Trust qualified to do business under the laws of Minnesota pursuant to Chapter 318, Lows of Minnesota (Grantor), is the owner of the following described tracts of land: The North 426.5 feet of Outlot C, Walnut Ridge Third Addition, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota (North Tract), and That Part of Outlot C, Walnut Ridge Third Addition, lying South of the North 426.5 feet thereof, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota (South Tract). Grantor hereby grants to the City of Edina, a municipal corporation, organized under the laws of the State of Minnesota (Grantee), and its successors and assigns, the following easements: 1. A non - exclusive easement described on Exhibit A, attached, over the North and South Tracts to provide access for the purpose of service, inspection, maintenance, and replacement of the hydrants now located on the Tracts as indicated on Exhibit B, attached. 2. A non - exclusive easement over and beneath the North and South Tracts described on Exhibit C, attached, for the purpose of maintaining, servicing and replacement of sanitary sewer pipes and water mains. Grantor, for itself, its successors and assigns, agrees not to erect any improvements or plant any shrubbery or trees on the premises subject to the easement described in Exhibit C which would interfere with the grant of easements set forth herein. In the event grantee enters upon Outlot C, Walnut Ridge Third Addition for the purpose of maintaining, servicing and replacing the sanitary sewer pipes and /or water mains, grantee agrees to repair any damage done to the premises in connection with such activities and restore the improvements to the condition prior to the making of any servicing, maintenance or replacement. Notwithstanding the provisions above set forth, the parties hereto agree that there now exists a swimming pool with f adjacent decks and a tennis court located on a portion of the premises described in Exhibit C. Grantor agrees that grantee has no obligation to restore the swimming pool with adjacent decks or the tennis court in case of damage by the grantee in the servicing, maintaining or replacement of sanitary sewer pipes and /or water main. IN TESTIMONY WHEREOF, Novus Property Company has executed this Grant of Easements this 7th day of December, 1983. NOVUS PROPERTY COMPANY By_� Its Vice Pr ent STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledge before me this 1_ day of December, 1983, by T. A. Rocheford, Jr., Vice President of Novus Property Company, a Massachusetts Business Trust qualified to do business under the laws of Minnesota pursuant to Chapter 318, Laws of Minnesota, on behalf of the Trust. Notary Public COUNTY G THIS INSTRUMENT WAS DRAFTED BY: My Commission Expires April 20, 1984, VWWWWvvVVVvWVVVVVnVVVV- VVW■ MACKALL, CROUNSE & MOORE 1600 TCF Tower Minneapolis, Minnesota 55402 -2- r i i U� h, EXHIBIT A EASEMENT FOR HYDRANT ACCESS A 28 foot easement for ingress and egress over, under and across Outlot C, Walnut Ridge Third Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota., The centerline of said easement-is described as follows: Commencing at the southeast corner of said Outlot C; thence South 62 029'21" West, assumed bearing,'along the southerly line of said Outlot C a distance of 392.33 feet to the point of beginning of centerline to be described; thence North 27 024123" West a distance of 60.97 feet; thence North 63 °33'02" East a distance of 94.14 feet; thence North 67 °33'00" East a distance of 99.97 feet; thence North 64 025'49" East a distance of 52.25 feet; thence northerly 61.50 feet along a tangential curve, concave to the northwest having a radius of 51.56 feet and a central angle of 68 020'08 "; thence North 3 054119" West tangent to said curve a distance of 373.48 feet; thence westerly 51.45 feet along a tangential curve concave to the southwest having a radius of 34.20 feet and a central angle of 86 °11'10 "; thence South 89 °54'31" West tangent to last described curve a distance of 89.63 feet to a point hereinafter known as point A; thence South 0 006'16" East a distance of 263.17 feet; thence South 34 039'13" West a distance of 61.75 feet; thence South 89 031'25" West a distance of 241 feet and there said centerline terminates. Together with a 28 foot easement for ingress and egress over, under and across the above described property. The centerline of said easement is described as follows: Beginning at the above mentioned point A; thence North 0 °06'16" West a distance of 181.44 feet; .thence North 89 048'25" West a distance of 256.23 feet; thence North 0 011'35" East a distance of 20.50 feet and there said centerline terminates. EXHIBIT B UTILITY EASEMENT FOR HYDRANTS A 15 foot easement for utility purposes over, under and across Outlot C, Walnut Ridge Third Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota.- The centerline of said easement is described as follows: Commencing at the southeast corner of said Outlot C; thence South 62 °29'21" West, assumed bearing, along the southerly line of said Outlot C a distance of 392.33 feet; thence North 27 °24'23" West a distance of 60.97 feet; thence North 63 033'02" East a distance of 94.14 feet; thence North 67 °33'00" East a distance of 99.97 feet; thence North 64 °25'49" East a distance of 52.25 feet; thence northerly 61.50 feet along a tangential curve, concave to the northwest having a radius of 51.56 feet and a central angle of 68 °20' 08 "; thence North 3 °54'19" West tangent to said curve a distance of 373.48 feet; thence westerly 51.45 feet along a tangential curve concave to the southwest having a radius of 34.20 feet and a central angle of 86 °11'10 "; thence South 89 054'31" West tangent to last described curve a distance of ^r 89.63 feet to a point hereinafter known as point A; thence South 89 °54'31" West a distance of 6 feet to the point of beginning of centerline to be CYj described; thence South 89 °54'31" West a distance of 15 feet and there said centerline terminates. Together with a 15 foot easement for utility purposes over, under and across the above described property. The centerline of said easement is described as follows: Commencing at the above mentioned point A; thence North 0 006'16" West a distance of 181.44 feet; thence North 89 048'25" West a distance of 256.23 feet; thence North 0 °11'35" East a distance of 20.50 feet to the point of beginning of centerline to be described; thence North 0 011'35" East a distance of 15 feet and there said centerline terminates. Together with a 15 foot easement for utility purposes over, under and across the first above described property. The centerline of said easement is described as follows: Commencing at the above mentioned point A; thence South 0 °06'16" East a distance of 263.17 feet; thence South 34 039'13" West a distance of 61.75 feet; thence South 89 031'25" West a distance of 233.5 feet; thence South 0 °2835" East a distance of 13 feet to the point of beginning of centerline to be described; thence South 0 °28'35" East a distance of 15 feet and there said centerline terminates. Together with a 15 foot easement for utility purposes over, under and across the first above described property. The centerline of said easement ins described as follows: Commencing,at the southeast corner of said Outlot C; thence South 62 029'21" / West, assumed bearing, along the southerly line of said Outlot C a distance of 141 feet to the point of beginning of centerline to be described; thence North 27 °30'39" West a distance of 32 feet and there said centerline 1 terminates. f i EXHIBIT C j' EASEMENT FOR SANITARY SEWER AND WATERMAINS i A 25 foot easement for utility purposes over, under and across Outlot C, Walnut Ridge Third Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota. Said easement being 17.5 feet to the right and 7.5 feet to the left of the following de- scribed line: Commencing at the southeast corner of said Outlot C; thence South 62 °29'21" West, assumed bearing, along the southerly line of said Outlot C a distance of 123.75 feet to the point of beginning of line to be described; thence North 3 047'40" West a distance of 507.75 feet to a point hereinafter known as point D and there said line terminates. Together with a 25 foot easement for utility purposes over, under and across the above described property. The centerline of,said easement is described as follows: Beginning at the above mentioned point D; thence North 26 °31'11" East a distance of 270.75 feet; thence North 82 °40'37" East to the east line of said Outlot C and there said centerline terminates. Together with a 25 foot easement for utility purposes over, under and across the first above described property. Said easement being 7.5 feet to the right and 17.5 feet to the left of the following described line: Beginning at the above mentioned point D; thence South 89 054'50" West to the west line of said Outlot C and there said line terminates. WALNUT RIDGE;� CARDARELLE & ASSOCIATES, INC. LAND SURVEYORS <' Tht NE y 'r qG the Sec le; I 144280 _u, NORTH The Ecist line o� -tt,e S.w. Sec 31,Tii "FRlI 27839 1 The N E' co `70514 1 /�— �•�__� 60 $ $�•1612w s WALNUT O r0 60 r r -I O , • 0 NOOI10 (� NI °13'12 "E Nr,3 %'W 499.43-- - IZZ.85 r 4bb44 NOOIIOW z 01 $ p 0 �\` Y 12000 RN O Ol 10"w { O�� �I: � It170.00 uj N00110W wt 'o ul W O $ d� � o oz I N00110!W ,w 23 \ O Ito.00 - O 12600 0 /�3 o�2if \. Nc 0110 J UP Q .10 o yW: O Z ?v h cr C p / �r O oo O N Ndo1'10 "w 6523 120.00 _ _�' = z.., • = a 120.00 ioF 6�' rvo 01' io W Uzi N W NcPo1'lokr�IO L91 7i i 11 g °a$ o Atz 120.00 too 110.00 225 00 - z 267.60` -' -` i23� 421.12 line parallel with the East 11 ne oOthe S.W4 Sec 31,T417,R21. NORTH THIRD 4DDITtON •orne-r of Wntrivt Ct M�_ 00 m-i A cf, rg 104, yi (00 229.87 CO, (\j rp C! 14: 50 nu idcje F �,P a( t'O. 5,?0. 00 100.00 nev- 0-F C� C�D -E ... . . ell - -it NORTH, Scale: I Inch = Id.. 0 feet denotes lro•:. monument set denotes - iron'!", monument found Bearings shown:,..are assumed -7 W 0 U- 0 0 U -W- 11 1 r, 1 -a -0 14 . t. ;;). �J \ z y77.00 Tl-+e SW corner lip +:�,e EOLSt loOY065 &F EV-,e S.W. - Sec 31,T11-7,RZ1. Sheet 2 of 2 Sheets A cf, yi -7 W 0 U- 0 0 U -W- 11 1 r, 1 -a -0 14 . t. ;;). �J \ z y77.00 Tl-+e SW corner lip +:�,e EOLSt loOY065 &F EV-,e S.W. - Sec 31,T11-7,RZ1. Sheet 2 of 2 Sheets