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TRANSFER ENTERED
MAY 12 1987
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NEPIN CWNfY MINN.
7 AGREEMENT AND EASEMENT
UTY (Conditions to Lot Division)
AGREEMENT, Made and entered into this 28cday of 'PRH_
1987 by and between WALLY IRWIN, INC., a Minnesota corporation, RUDY
TROVES CONSTRUCTION, INC., a Minnesota corporation ('Owners ") and the
CITY OF EDINA, a Minnesota municipal corporation (the "City ").
WITNESSETH, THAT:
WHEREAS, Owners and the fee owners of certain real property (the
"Property ") described as follows:
Lot 14, Block 1, The Habitat, according to the plat thereof on
file or of record in the office of the Registrar of Titles in
and for Hennepin County, Minnnesota;
WHEREAS, Owners have requested the subdivision of the Property into
separate parcels; and
WHEREAS, the City did on March 2, 1987, in Case No. LD -87 -3, grant a
Lot Division for the subdivision of the Property conditioned upon the
execution, delivery and recording of this Agreement and upon the
conditions hereinafter set out in this Agreement, which the City deems
necessary to impose to insure safe passage on and over the public streets
and rights -of -way adjoining the Property; and
WHEREAS, Owners are agreeable to the granting of the Lot Division
subject to the execution, delivery and recording of this Agreement, and
to the conditions hereinafter set out, and are willing, and represent
that they have the power to, enter into this Agreement.
NOW, THEREFORE, for $1.00 and other good and valuable consideration
to Owners in hand paid by the City, the receipt and sufficiency of which
is hereby acknowledged by Owners, and in consideration of the covenants
and agreements herein contained, Owners and the City do hereby agree as
follows:
1. Owners do hereby grant to the City an easement ( "Easement ") for
purposes of a clear view from the public streets and rights -of -way
adjoining the Property in, on and over the following described property
( "Easement Area ") situated in the County of Hennepin and the State of
Minnesota, to-wit:
Commencing at the southwest corner of Lot 14, Block 1, The
Habitat; thence easterly along the south line of said Lot 14
59.06 feet (as measured along said south line) to a point of
curve; thence easterly along said south line of said Lot 14 a
distance of 84 feet (as measured along said south line); thence
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westerly to a point on the west line of said Lot 14, 4 feet
north of the southwest corner thereof; thence south along the
west line of said Lot 14 to the point of beginning and there
terminating.
2. Owners will not place, erect or construct, or permit, suffer, or
allow to be placed, erected or constructed, or allow to exist, on the
Easement Area any Obstruction. For purposes hereof, an Obstruction shall
be any fence, wall, structure, vegetation, shrub, mound, berm, rock, tree
or other vegetative or natural material or man made object, now or
hereafter on any part of the Easement Area, which projects above an
elevation of 892 feet above mean sea level, 1927 U.S.G.S. datum (the "892
Elevation "). Also, for purposes hereof, and in addition to the foregoing
definition, an Obstruction shall be anything determined by the City
Manager or City Engineer, in their sole and absolute discreton, to be an
Obstruction.
3. Owners, without cost or charge to the City, will remove any
Obstruction now or hereafter on the Easement Area, such removal to be
done within ten (10) days after notice of such Obstruction is given to
Owners by the City.
4. In the event that Owners fail or refuse to remove the
Obstruction within said ten (10) day period, the City, in addition to any
other remedies then available to the City at law or in equity, shall have
the right to: (a) enter upon the Property with such personnel, equipment
and materials as the City deems necessary for the purpose of performing
the obligations of the Owners hereunder that they have failed or refused
to perform, without liability or obligation of any kind to Owners, or
either of them, or any owner or occupant of the Property, for trespass or
damage to the Property, or other property, or any, improvements thereon,
or for loss of business or business interuption, or for any other cause
or thing, all of which liability and obligation are hereby waived by
Owners, and if any person makes any claim against the City, or its
Officials, officers, employees, agents or representatives, for loss or
damage to property or business due to such entry, Owners agree to hold
the City and its officials, officers, employees, agents or
representatives, harmless from and indemnified against any loss, cost,
damage or expense, including reasonable attorneys' fees whether suit be
brought or not, arising out of such claim, and to pay to the City, upon
demand of the City, any such loss, cost, damage or expense, including
reasonable attorneys' fees, suffered or incurred by the City, or its
officials, officers, employees, agents or representatives, with interest
at twelve (12)X) percent per annum from the date demanded until paid; (b)
obtain enforcement of this Agreement by court order for mandatory
injunction or other appropriate relief; and (c) withhold, deny or revoke
any building permits, certificates of occupancy, utility connection
permits and any other permits and approvals now or hereafter issued or
granted, or to be issued or granted, by the City for any constructon or
occupancy of any improvements now or hereafter on that part of Lot 14 on
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i'59bh(jUD) : ESE: 04226i
which the Easement Area is located, until such failure or refusal ends
and this Agreement is fully complied with.
All of the foregoing remedies shall be usable and enforceable by the
City separately or concurrently as the City shall determine, and the use
of one remedy shall not waive or preclude the use of any one or more of
the other remedies. Also, the failure to exercise, or delay in
exercising, any remedy hereunder in the event of a failure or refusal by
Owners, shall not preclude the City from thereafter exercising any of its
remedies for the same or a subsequent failure or refusal. Owners agree
to pay to the City any and all costs and expenses incurred by the City in
enforcing this Agreement by the use of the remedies above set out or by
other remedies or means available to the City at law or in equity,
including reasonable attorneys' fees whether suit be brought or not, and
with interest on all such costs and expenses at the rate of twelve (122)
percent per annum from the dates incurred by the City until paid.
Owners also agree to pay all costs of collection of any moneys due to
the City by Owners pursuant hereto, again including reasonable attorneys'
fees and whether suit be brought or not, with interest thereon at the
rate of twelve (12X) percent per annum from the dates such costs of
collection were incurred until paid.
5. Any amounts due to the City under this Agreement, with interest
thereon not in excess of the interest rate herein provided. may be
assessed against that part of Lot 14 upon which the Easement Area is
located as a special assessment made pursuant to Minnesota Statutes,
Chapter 429, or other applicable statute, as amended and supplemented,
but payable in one or such additional installments as the City shall
determine, and Owners, and each of them, shall, and hereby does,
expressly waive all objections, defenses, petitions and appeals
pertaining to the process or amount of any such assessments, including,
without limitation, waiver of any and all notices required by any such
applicable statutes.
6. All notices, reports or demands required or permitted to be
given under this Agreement shall be ifn writing and shall be deemed to be
given when personally delivered 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:
To City: 4801 West 50th Street
Edina, Minnesota 55424
Attn: City Manager
To Owners: Wally Irwin, Inc.
Rnnn Wpat 78th Street
dina. Minnesota 55435
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- CUi:�JUi)):TSB.:U4.:1Si
Rudy Trones Construction, Inc.
7101 York Avenue South
Edina, Minnesota 55435
Such addresses may be changed by any party upon notice to the other party
given as herein provided.
7. The terms and provisions hereof shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and
assigns, and shall run with the title to the Property and be binding upon
all present and future owners of the Property. If there be at any future
time more than one owner of the Property, all of such then owners,
Including Owners named herein, while they are such owners, shall be
Jointly and severally liable for all obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be duly executed the day and year first above written.
CITY OF EDINA WALLY IR IN, INC.
By 12 J By
Its Mayor Its
And
I s Manager
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
And
RUT
By
Anc
Its
he foregoing instrument was acknowledged before me this /3:�"day of
1987, by Walter G. Irwin iaxodx ,
the 6
esidpnt Ar4 of WALLY IRWIN,
INC., a Minnesota corporation, on behaU of the corporation.
Or 1
NANCY L. SCHEI6E �. otary Public
x" NOTARY PUFLK - A'?NNZSOTA
;y H'NNEPIN COUNTY
h'v coamissiori expires July 23, 1991
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w J596h(3UD): 1'31::042'287
STATE OF MINNESOTA)
SS
COUNTY OF HENNEPIN)
e for going instrument was acknowledged before me this �y of
1987, by Rudy Trones XlXdx
the Pr ident AX* K�fi4�fdS�f1►SiCdt�ix�� of RUDY TRONES
CONSTRUC ON, INC., a Minnesota corporation, on behalf of the corporation.
NANCY L. SCHEIBE
�' � NUTAfY S`UPU� — A11'dK.SpTA
H:r'KEPIN COUNTY otary Public
1•` cor.imission expires July 23, 1991
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this ;?e Jay of
zR)I- _+ 1987, by C. Wgyyc: C,,aR, ,6y and Krly E, -)T7741vo
the Mayor and Manager, respectively sa , of the City of Edina, a Minnesota
municipal corporation, on behalf of municipal corporation.
This instrument drafted by:
Dorsey & Whitney (TSE)
2200 First Bank Place east
Minneapolis, Minnesota 55402
STATE OF MINNESOTA, COUNTY OF HENNEPIN
Certified to be a true and correct copy of the
original orrfile and of record In my office
OA) 6, g%
R Dan Carlson, Registrar of Titles
By *Deputy
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Notary Public
CRAIG L. LARSEN
NOTARY PUaL1C _ MINNESOTq
HENNEPIN y
M COUN7
Y Commraaon �Mroa Aug. 9 21, 1990
kiGISTE RED VOL PAGE
s
OF TITLES
11lMEPIN COUNTY. ampiw "
CERTIFIED FILEb ON
MAY 12 198 7
R IS a OF TRLEN
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