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HomeMy WebLinkAbout2347Title USA Insurance Corporation of New York 4820 West 77th Street Edina, MN 55435 (612) 835 -3320 ` FAX No. 612 - 835 -7731 USA JWTITLE To: City of Edina 4801 West 50th Street Edina, Mn. 55424 Attention: Marcela Daehn Re: Property: 4909 Sunnyside Road Edina, MN 55424 Buyer(s): LINDA A. EUGSTER Date: 9/14/88 File No.: 10022625 -11 Enclosed herewith please find the following in connection with the above transaction: Original Easement and Agreement Document No. 5446017 Yours truly, Walsh Title Corporation san 1B . Orpen Formerly Walsh Title Corporation GPS- 4(5!88) EASEMENT AND AGREEMENT THIS INSTRUMENT, Made this) ' Z-11 day of �vZ y 1988, by and between the CITY OF EDIT -NA, a municipal corporation organized under the laws of the State of Minnesota ( "Edina "), and LINDA A. EUGSTER, single, of Hennepin County, Minnesota ( "Grantor "). WITNESSETH THAT•. WHEREAS, Grantor is the owner of that certain property situated in the City of Edina, Hennepin County, Minnesota, described on Exhibit A attached hereto and made a part hereof (the "Subject Property "); and WHEREAS, there is presently existing, under and across the Subject Property a pipe for storm sewer purposes, the centerline (the "Centerline ") of said pipe being described on Exhibit B attached hereto and made a part hereof; and WHEREAS, said pipe runs under the house (the "Existing House ") now located on the Subject Property with a street address of 4909 Sunnyside Road, Edina, Minnesota; and WHEREAS, the parties desire to enter into this Agreement for the purpose of confirming the existence and location of the pipe, to release claims resulting from the pipe being under the Existing House, and to provide for repair of the pipe and possible relocation of the pipe. NOW, THEREFORE, for and in consideration of One Dollar and other good and valuable considerations to each of the parties hereto in hand paid by the other, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows; 1. Grantor does hereby grant, bargain, sell, convey and warrant to Edina an easement in perpetuity for storm sewer purposes, including the right to enter for the purpose of maintaining, altering, repairing and reconstructing a storm sewer system, in, under, over and across a ten foot strip of land (the "Easement Area ") lying five feet on either side of the Centerline. 2. Edina hereby waives any and all claims, demands and causes of action it may now or hereafter have or claim to have against the Grantor or future owners or occupiers of the Subject Property, for damage to any pipe Edina may now or hereafter have constructed or installed in the Easement Area due to the location on and over the Easement Area of the Existing House, except, however, for damage due to the gross negligence of Grantor or such future owners or occupiers, or the intentional misdeed of any of them. 3. Grantor, for herself, and all future owners, occupiers and encumbrances of the Subject Property, hereby waives any and all claims, demands and causes of action of any and every nature and kind whatsoever that she or they may now or hereafter have or claim to have against Edina, or any of its officers, employees or elected officials for damage or injury to the Subject Property or to any property, buildings, equipment or improvements now or hereafter located thereon, including, without limitation, the Existing House, resulting from or due to, or claimed to be resulting from or due to, the pipe being in, under or on the Easement Area, or from or due to the maintenance, alteration, repair or reconstruction of such pipe, and including, without limitation, any tunneling, trenching or digging in the Easement Area pursuant hereto, except, however, for damage or injury due to the gross negligence of Edina, or its officers, employees or elected officials, or the intentional misdeed of any of them. 4. Edina agrees, in connection with the exercise of its rights under the easement granted by paragraph 1 hereof, to maintain, alter, repair or reconstruct the storm sewer system on the Easement Area, that it will use all reasonable methods available at reasonable cost to do such maintenance, alteration, repair and reconstruction without trenching or digging, at least as to that portion of the pipe under the Existing House. 5. If Edina, in its sole opinion, determines that it cannot do any required or desirable maintenance, alteration, repair or reconstruction of the storm sewer system in the Easement Area without tunneling, trenching or digging or similar means, to access that part of the pipe under the Existing House, then Edina may do such tunneling, trenching or digging, but if the Grantor desires to avoid such tunneling, trenching or digging, Grantor, prior to the co.°mmencerment of such tunneling, trenching or digging, shall give written notice thereof to the City Manager of Edina at the then City Hall and, upon fullfillment of the following terms and conditions, Edina will release the Easement Area from the easement granted by paragraph 1 hereof and will then construct and thereafter maintain, alter, repair and reconstruct a storm sewer system in the Substitute Easement Area below defined: (a) Grantor shall deliver to Edina another easement (the "Substitute Easement "), fully executed and in recordable form, containing the same terms and conditions as those set out in paragraph 1 of this Agreement for storm sewer purposes in, under, over and across a strip of land of a width at least equal to the width of the Easement Area and extending from Sunnyside Road to Minnehaha Creek and in a location then reasonably acceptable to Edina (the "Substitute Easement Area "); - 2 - (b) Grantor shall deliver to Edina a title opinion from a law firm reasonably acceptable to Edina, or a commitment for a title policy issued by a title insurance company reasonably acceptable to Edina, addressed to Edina and dated as of a then current date, evidencing that the persons granting or consenting to the Substitute Easement over and across the Substitute Easement Area are all of the persons necessary to grant the Substitute Easement free and clear of all liens and encumbrances which are or may be prior to the Substitute Easement except such as are accepted by Edina in writing; (c) Grantor shall pay to Edina the cost of recording the Substitute Easement and all costs, including reasonable engineers' and attorneys' fees, incurred by Edina in connection with the obtaining and recording of the Substitute Easement; and (d) Edina shall have constructed the storm sewer system in the Substitute Easement Area. Upon fulfillment of the foregoing terms and conditions of this paragraph, Edina shall execute and deliver a fully executed, recordable quit claim deed releasing all of its right, title and interest in and to the Easement Area. 6. The provisions of paragraph 5 hereof notwithstanding, if Edina, in its sole discretion, determines that it cannot delay maintenance, alteration, repair or reconstruction of the storm sewer system in the Easement Area pending fulfillment of the terms and conditions for the Substitute Easement Area as set out in paragraph 5 hereof, then Edina may proceed to do such maintenance, alteration, repair or reconstruction in the Easement Area, including, without limitation, any tunneling, trenching or digging. 7. The terms, conditions and covenants of this Agreement shall run with the title to the Subject Property and shall be binding upon and inure to the benefit of Grantor and all future owners, occupiers and encumbrances of the Subject Property and the respective successors and assigns of the parties hereto. - 3 - IN WITNESS this instrument to be first above written. STATE OF MINNESOTA COUNTY OF HENNEPIN WHEREOF, the parties hereto have caused duly executed as of the day and year ss CITY OF EDINA BY= And; Linda A. Eugster On this end- day of � ufr , 1988, before me, a Notary Public within and for said�y personally appeared ('. (,y 6, ,Mc and K��,ne�L �; � the i and � Z , respectively, of the City of Edi a, to me known to gersonally, and acknowledged that they executed the same as their free act and deed. MARCELLA M. DAEHN �u ii���a: NOTARY PUBLIC — MINNESOTA `'.; s� HENNEPIN COLIPJTY #.. A4y Commission Expires Apr. 21, 1990 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this )3� day of -JUL-1 , 1988, before me, a Notary Public within and for said County, personally appeared Linda A. Eugster, single, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. [i r, p �- �P O � �. . \C-SO IIi - 4 - EXHIBIT A (the "Subject Property ") That part of Lot 20, Block 4, Country Club District, Brown Section, according to the recorded plat thereof which lies southwesterly of a line described as follows: Beginning at a point on the northwesterly line of said Lot 20 distant 20.00 feet southwesterly from the most northerly corner of said Lot 20; thence South 32 degrees 19 minutes 30 seconds East, assuming the line drawn between the northwest corner of Section 18, Township 28 North, Range 24 West of the 4th Principal Meridian and the East Quarter corner of Section 28, Township 117 North, Rance 21 West of the 5th Principal Meridian has a bearing South, to the shore line of Minnehaha Creek and said line there terminating. That part of Lot 21, Block 4, Country Club District, Brown Section, according to the recorded plat thereof which lies northeasterly of a line described as follows: Beginning at a point on the northerly line of said Lot 21 distant 35.00 feet southwesterly from the northeasterly corner of said Lot 21; thence South 20 degrees 12 minutes 05 seconds East, assuming the line drawn between the northwest corner of Section 18, Township 28 North, Range 24 West of the 4th Principal Meridian and the East Quarter corner of Section 28, Township 117 North, Range 21 West of the 5th Principal Meridian has a bearing South, to the shore line of Minnehaha Creek and said line there terminating. A -1 EXHIBIT B (the "Centerline ") A 10' strip of land lying 5' on either side of a centerline Sfi over Lots twenty (20) and twenty -one (21), Block Four (4), Country Club District, Brown Section, according to the recorded plat thereof, which centerline is described as follows; .•y Commencing at the Northeast corner of Lot 21, Block 4, Country Club District, Brown Section; thence Westerly along the North line of said Lot 21, 11.5 feet to the beginning of the centerline to be described; thence Southeasterly to a point 11.4 feet Northeasterly of the Southwest corner of Lot 20, Block 4, Country Cl-,ib DiFj_ric4-, Drov,7n Section, as measured along the Southerly platted survey line of said Lot 20; thence continuing along an extension of said centerline to the shore line of Minnehaha Creek and there terminating. B -1 'CORCER OFFI HL CR 6- (03 AEG 22 Fri 2: 52 As !--NT 44544601L7 Ca RfiM CY N DEPUTY IN'S C�rtif, 50 C-. TrME U-SA- 13OX 423 350 PARE AVENUE NEW YORE, NEW YORK 10022 (212)415 -9200 3 GRACECHURCH STREET LONDON EC3V OAT, ENGLAND 01 -929 -3334 36, RUE TRONCHET 75009 PARIS, FRANCE 01- 42- 66 -59 -49 340 FIRST NATIONAL BANK BUILDING P. O. BOX 848 IIOCHESTER, MINNESOTA 55903 (507)288 -3156 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. PAUL, MINNESOTA 55101 (612) 227 -8017 Mr. Kenne -'.h E. Eosland City of Edina 4801 West 50 Street Edina, Minnesota 55424 Dear Ken: DoRSEY & WHITNEY A PARTNERSHIP INCLUDING PROPESSIONAL CORPORATIONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612 ) 340 -2600 TELEX 29 -0605 TELECOPIER (612) 340 -2868 THOMAS S. ERICKSON, P. A. (612) 340- -26$9 July 18, 1988 Re: 4909 Sunnyside Road Storm Sewer Easement 1200 FIRST INTERSTATE CENTER 401 NORTH 31" STREET P. O. BOX 7188 BILLINGS, MONTANA 59103 (406)252 -3800 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (406) 721 -6025 315 FIRST NATIONAL BANK BUILDING WAYZATA,MINNRSOTA 55391 (612)475 -0373 I have been working with Fran Hoffman and the attorney for a Linda Eugster, the owner of property at 4909 Sunnyside Road. Apparently the City of Edina has a storm sewer that goes directly under the house presently at 4909 Sunnyside Road, but has no easement for that pipe. Also, the owner of the property, and that owner's prospective mortgagee, desires to have some agreement with the City relative to noving of the pipe and the easement in the event that it becomes necessary to repair or replace that pipe. The result of our discussions has been the enclosed Easement and Agreement. Four copies are enclosed. All of then have been signed by Linda Eugster, owner of the property at 4909 Sunnyside Road. As stated, Fran Hoffman is aware of this agreement, and agrees that it is proper and appropriate. If it meets with your approval, will you please put it on the agenda for an upcoming council meeting, preferably August 1. Mr. Dale Moe, Eugster's attorney, would like to pick up the signed agreement on August 2 for a closing that day. I have advised him to call Marce on August 2 to get the signed agreement. He will then have the agreement recorded and return a recorded copy to the City for its files. If you have any questions, please advise. TSE:jd enclosures cc: Ms. Marcella Daehn Mr. Fran Hoffman Very truly yours, Thomas S. Erickson