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PERPETUAL NON - EXCLUSIVE PEDESTRIAN AND VEHICULAR ACCESS EASEMENT .
EASEMENT ,AGREEMENT DATED MARCH 13, 1989 -
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•»� FIRST AMENDMENT' TO EASEME " .GR EMENT
M
/ THIS FIRST AMENDMENT is made and entered into as of
this /dot day, of December, 1992, by and between DAYTON HUDSON
CORPORATION, a Minnesota corporation ( "Dayton "), and CENTENNIAL
t LAKES THEATRE, a Minnesota general partnership ( "Centennial"
a
RECITALS_
_ A. Dayton is the current owner of a parcel of real
i estate in the City of Edina, Hennepin County, Minnesota, legally
described as Lot 3, Block 7, Yorktown, according to the recorded
V plat thereof in the Office of the Registrar of Titles in and for
Hennepin County, Minnesota (the "Dayton Parcel").
B. centennial is the current owner of a parcel of
real estate adjacent to the Dayton Parcel, legally described as
Lot 1, Block 1, South Edina Development Addition, according to
the recorded plat thereof in the Office of the County Recorder in
and for Hennepin County, Minnesota (the "SCA Parcel ").
C. Dayton, as owner of the Dayton Parcel, and SCA,
Inc. of Minneapolis, a Minnesota corporation ( "SCA"), as owner of
r the SCA Parcel, entered into that certain Easement Agreement,
( dated March 13, 1989, tiled June 9, 1989, in the Office of the
Register of Title of Hennepin County, Minnesota, as Document No.
2018711, and recorded November 2, 1989, in the Office of the
County Recorder of Hennepin County, Minnesotat subject to
No. 5590879 (the Easement Agreement ), p sun and
which Dayton granted to SCA, it successors and assigns, for the
benefit of the SCA Parcel, a perpetual, non- exclusive easement
�- for vehicular and pedestrian ingress and egress over a portion of
the Dayton Parcel depicted on Exhibit A to the Easement Agreement
and referred to therein and hereinafter as the "Easement Area".
w D. Section 2 of the Easement Agreement provides that
upon completion of certain improvements in the Easement Area by
SCA, and approval by Dayton of a legal description of the
ti-- Easement Area as prepared by SCA, SCA and Dayton would execute
and record an amendment to the Easement Agreement setting forth
f the legal description of the Easement Area.
3 '
E. Centennial, as successor to SCA as owner of the
SCA Property, and Dayton now desire to so amend the Easement
Agreement.
NOW, THEREFORE, Dayton and Centennial agree as follows:
1. The Easement Area, as defined in
Agreement, is the area legally described on the
Restated Exhibit A attached to this Amendment.
VD PRIOR TAXES PAID
DEPT. OF PRCFERTY TAX & PUBLIC RECMDS
'TRANSFER ENTERED
FM W
-ry COUNTY MINN.
the Easement
First NND PRIOR TAXES PAIQ
[.0 PROPERTY TAX S PUBLIC RECOROS
MANSFER ENTERED
DEC 22 1 9?
HENNEPIN N MILAN
DEPT QTY
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2. Except as specifically amended in this Amendment,
the terms and conditions of the Easement Agreement shall remain
unchanged and in full force and effect.
Dayton and Centennial have caused this Amendment to be
executed as of the day and year first above written.
DAYTON HUDSON CORPORATION
Q_
By k4 �°'_�"� L
Its _ UIIE � ,Ux'
CENTENNIAL LAKES THEATRE
By: Centennial Cinema Associates, a
Minnesota general partnership, the
managing general partner of
Centennial Lakes Theatre and acting
for and on behalf of Centennial
Lakes Theatre
By: � %lMr±r. X Ljz--
Warren L. Beck
Its: Managing General Partner
STATE OF MINNESOTA )
,) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me
this I'Le day of December, 1992, by F�1 4-7rvi 2 :f eP , the
. & 1 1 1 „4- of Dayton Hudson Corporation, a Minnesota
corporation, on behalf of the corporation.
STATE OF MINNESOTA )
as.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me
this day of December, 1992, by Warren L. Beck, the managing
genera partner of Centennial Cinana Associates, a Minnesota
general partnership, the managing general artner of Centennial
Lakes Theatre, on behalf of Centenn La h atre.
�.. SCOTT A. ANDEREGG
Z H2NN PIN C: ; V, y Not Publ c
_2_
My Co=ission Expires Jan. 23, 1996.
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THIS INSTRUMENT WAS DRAFTED BY:
Faegre & Benson (SAA)
2200 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402
Phone: (612) 336-3000
MRR043AE.WP5
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FIRST AMENDED-AND RESTATED EXHIBIT
Legal Description of Easement Area
The southerly 85.00 feet of the westerly 360.00 feet of....
Lot 3, Block 7, Yorktown, according to the recorded
plat thereof, Hennepin county, Minnesota.
HRR043hE.WPS
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23DEC9211;32 C6012863 SGO
$2.00
23DEC9211132 C6012863 OUC
$16.00 v
dFFIDE DF CGt RIY RECMR
. }'EF ;hEPe4 CO1Ci1Y. MllitiESOIA
CERT ",ET Eti AUD OR
92 DEC 23 AH It: 35
ASr/,U .E!,i it 6012863
C' CO. RECORDER
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2349397
IRF61-SIERR) VOL. t2a PA(;FL3,- Lq S
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OFFICE OF
THE
RENIVEplA OF TITLJS
COUNTY, M , "t§0TA
FILED ON
FEB 2519
43V
DEPUTY
BOX 121
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