HomeMy WebLinkAbout2428EASEMENT AND AGREEMENT
EASEMENT AND AGREEMENT, made effective as of / 9 J v [ / , 19 R '? , by
and between SuperAmerica Stations, Inc., a Minnesota corporation, with a
mailing address of P. 0. Box 14000, Lexington, Kentucky 40512, Attention:
Jack K. Lemley ( "Grantor "), and the city of Edina, a municipal corporation
organized under the laws of the state of Minnesota, with a mailing address
of 4801 West 50th Street, Edina, Minnesota 55424 ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor is tree owner of property located at 205 vcruoii Avenue,
Edina, Hennepin Courc_v, Minnesota (the "Premises "), and
WHEREAS, Grantee required an easement over and across the Premises for the
purposes set forth below, and
WHEREAS, Grantor is willing to grant an easement to Grantee on the terms and
conditions set forth.
NOW, THEREFORE, in consideration of One and No /100 Dollar(s) ($1.00) cash in
hand paid by Grantee to Grantor, receipt of which is hereby acknowledged,
and in consideration of the mutual covenants set forth below, Grantor hereby
grants unto Grantee a perpetual easement over and across the Premises for
the sole purpose of construction, maintenance, operation, removal, and
replacement of a public road.
The easement granted hereby (the "Easement ") shall be strictly limited to
that portion of the Premises more particularly described as set forth on
Exhibit A attached hereto.
The Easement shall be subject to the following terms and conditions:
1. Business Interruption. Grantee shall use the Easement in a responsible
and ;orkmaniike manner, so as Lo cd.'use P,ciilimum, i:ea6 uua1jic: dis'rupci_u 1
to the safe use and enjoyment of the premises. Grantee shall at all
times use the Easement in a safe and lawful manner and shall maintain
the public roadway contemplated hereby in good order and condition.
2. Restoration. The Grantee hereby covenants and agrees that its use of
this Easement shall be limited to use for a public road, and that if
such road is not constructed within one (1) year from the date of this
Easement Agreement, or is permanently removed, that it shall convey the
Easement back to the Grantor.
3. Indemnification. By its acceptance hereof, Grantee hereby agrees to
indemnify and hold harmless Grantor from and against, any loss, cost,
damage claim, liability, judgments or expenses, including reasonable
attorney fees and other litigation expenses, for personal injury,
death, or damage to crops, fences or other property, which results from
or arises out of Grantee's use of or access to the Easement. It is
understood, however, that the obligations of the Grantee shall not
extend to property damage caused by or resulting from the negligent use
of the public roadway by the general public.
4. Title. The Easement is granted subject to all easements, restrictions,
and encumbrances of record in the chain of title to the Premises.
5. Flammable Liquids Storage. Grantee acknowledges that it has been
informed that underground storage tanks containing flammable substances
may be located under the surface of the premises, possibly in close
proximity to the Easement, and Grantee in using the Easement shall keep
all installations the minimum distance away from any such storage tanks
recommended or required by applicable codes, laws and regulations.
6. General Terms. This Easement and Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs,
personal representatives, successors, and assigns, and shall be
governed by and construed in accordance with the laws of the State of
Minnesota. This Easement and Agreement sets forth the entire agreement
of the parties hereto with respect to its subject matter, and may not
be amended except in a writing signed by the parties hereto.
IN WITNESS WHEREOF, Ashland has executed this Easement Agreement effective
as of the date first above written.
Witnesses as to signatures
are requ' ed).
CL
G
STATE OF Ke n fUCKQ )
SS:
COUNTY OF Y—CQ
The foregoing instrument was
of U.l 19
yi Ce. 1p rez r* of 5
corporation, on behalf of the corp
My commission expires:
T� Instrument prepared by:
KiltberlyJ Owen, Attorney
SuperAmer'ca
Division of Ashland Oil, Inc.
P. 0. Box 14000
Lexington, KY 40512
SUPERAMERICA STATIONS, INC.
By J s D. Williams
Its: Vice President
acknowledged before me this
�, by Zyo-me:5 lc l- US \ ,
c�.Ck%- 00ket-►M 5*C&%on5 a
oration.
Notary Public
(S
EXHIBIT A
That part of Lot 2, Block 1, ENROTH'S FIRST ADDITION, according to the
recorded plat thereof and situate in Hennepin County, Minnesota, described
as follows:
Commencing at the intersection of the northerly line of said Lot 2 with a
line 40 feet easterly of, measured at a right angle to and parallel with the
westerly line of said Lot 2; thence on an assumed bearing of South 18
degrees 27 minutes 00 seconds West along said parallel line, a distance of
100.83 feet to the point of beginning of the land to be described; thence
South 52 degrees 13 minutes 00 seconds East, a distance of 40.38 feet;
thence Essterly along a tangential curve concave to the north having a
radius of 187.00 feet and a central angle of 49 degrees 15 minutes 34
seconds; a distance of 160.77 feet to the east line of said Lot 2; thence on
a bearing of South along said east line, a distance of 0.36 feet to the
southeasterly line of said Lot 2, said southeasterly line being a
nontangential curve concave to the southeast having a radius of 1179.28
feet, a central angle of 04 degrees 44 minutes 41 seconds, a chord of 97.63
feet and a chord bearing of South 61 degrees 23 minutes 59 seconds West;
thence Southwesterly along said southeasterly line, a distance of 90.32 feet
to the intersection with a line 40 feet northeasterly of, measured at a
right angle to and parallel with a southwesterly line of said Lot 2, which
line has a length of 94.50 feet; thence North 46 degrees 29 minutes 14
seconds West along said parallel line, a distance of 144.82 feet to an
intersection with a line drawn easterly perpendicular to the westerly line
of said Lot 2 from a point distant 50.00 feet northeasterly from the most
westerly corner of said Lot 2; thence North 71 degrees 33 minutes 00 seconds
West along said perpendicular line, a distance of 0.51 feet to an
intersection with a line 40.00 feet easterly of, measured at a right angle
to and parallel with the westerly line of said Lot 2; thence North 18
degrees 27 minutes 00 seconds East along said parallel line, a distance of
3.88 feet to the point of beginning.
The property comprising the easement granted hereby contains 3478 square
feet or 0.0798 acres.
Being a portion of the property conveyed to U;:antor by Deed dated July i8,
1966, of record at Deed Book 2553, Page 59 in the office of the County
Clerk, Hennepin County, Minnesota.
71089k -1
._... AND PRIOR TAXES PAID
DEPT. OF PROPERTY ?AX & PUBUC RECORDS
TRANSFER ENTERED
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350 PARE AVENUE
NEW YORK, 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
ROCHESTER, MINNESOTA 55903
(507) 288 -3156
510 NORTH CENTRAL LIFE TOWER
445 MINNESOTA STREET
ST. PAUL, MINNESOTA 55101
(612) 227 -8017
DOASEY & WHITNEY
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
(6512)340-2600
TELEX 29 -0605
TELECOPIER (612) 340 -2868
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Gentlemen:
July 5, 1989
1200 FIRST INTERSTATE CENTER
401 NORTH 31 "T 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, MINNESOTA 55391
(612)475 -0373
Re: Lot 2, Block 1, Enroth's First Addition, according
to the plat thereof on file and of record in
the office of the County Recorder, in and for
Hennepin County, Minnesota
We have examined the title to the above - described
premises as shown by a photocopy of an Abstract of Title
last certified to as of February 28, 1969, at 7:00 A.M.,
and by our examination of the records in the office of the
County Recorder from that date until June 19, 1989, at 7:00
A.M. and upon searches for judgments, tax liens and bankruptcies
done by Title Insurance Company of Minnesota as of June 19,
1989, at 7:00 A.M. Based upon such examination, we are of
the opinion that as of June 19, 1989, at 7:00 A.M., fee title
to said premises was vested in SUPER AMERICA STATIONS, INC.,
free and clear of all liens, charges and encumbrances, except
as follows:
1. In a highway easement dated May 14, 1926, filed
July 9, 1926, and recorded in Book 1117 of Deeds, page 279,
the State of Minnesota acquired the right to construct and
maintain upon the subject premises such portable snow fences
during such months as weather conditions make necessary.
We recommend that this snow fence easement be removed from
the subject premises.
2. Subject to a Grant of Easement dated April
2, 1968, filed April 17, 1968, and recorded in Book 68 of
Hennepin County Records, page 3710186. Said Grant of Easement
executed by the present fee owner conveys to the Village
of Edina an easement for public road and utility purposes,
DoILSEY & WHITNEY
City of Edina
July 5, 1989
Page Two
said road being a so- called "Link Road" over and upon
approximately the Southwesterly 40 feet of the subject premises.
In the event said easement is vacated or abandoned by the
Village of Edina, the then owner of the captioned premises
is required to pay to the Village of Edina, upon demand,
the sum of $9,000.00 or, if only part of said easement is
vacated or abandoned, a portion of said $9,000.00, based
on the ratio the number of square feet vacated or abandoned
bears to the total number of square feet originally in the
easement area. If said sum is not paid, the Village of Edina
has a lien upon the whole of the captioned premises for the
amount due plus interest and said lien may be foreclosed
in the same manner as a mortgage on real estate.
3. Subject to a Grant of Easement dated April 2,
1968, filed April 17, 1968, in Book 68 of Hennepin County
Records, page 3710187. Said Grant of Easement executed by
the present fee owner conveys to the Village of Edina an
easement for public road and utility purposes, said road
being a so- called "Service Road" over and upon approximately
the Westerly 40 feet of the subject premises. In the event
said easement is vacated or abandoned by the Village of Edina,
the then owner of the captioned premises is required to pay
to the Village of Edina, upon demand, the sum of $3,000.00
or, if only part of said easement is vacated or abandoned,
a portion of said $3,000.00, based on the ratio the number
of square feet vacated or abandoned bears to the total number
of square feet originally in the easement area If said sum
is not paid, the Village of Edina has a lien upon the whole
of the captioned premises for the amount due plus interest
and said lien may be foreclosed in the same manner as a mortgage
on real estate.
4. The descriptions used in describing the premises
of which are subject premises are a part prior to the platting
of Enroth's First Addition are such as to create an ambiguity
as to whether or not a conveyance of the subject premises
would include the underlying rights in Eden Avenue and U.S.
Highway No. 169 and 212. This ambiguity would present no
problem unless either of said right -of -ways were vacated.
5. Taxes due and payable in 1988 and prior years
have been paid in full. Taxes due and payable in 1989 are
in the amount of $10,449.34 and of this amount of the first
half has been paid (base tax $10,190.90) (PID No.
28- 117- 21 -34- 0016).
DoRsEY & WHITNEY
City of Edina
July 5, 1989
Page Three
6. No special assessment search has been obtained,
but as noted in paragraph 5 above, there is an installment
of special assessments amounting to $258.44.
This opinion is limited to the matters shown by
said photocopy of the Abstract of Title. All matters not
so shown are excepted from this opinion and include (a) rights
of any parties in possession, (b) possibility of liens for
improvements in process or completed on the premises within
the last one hundred twenty (120) days, (c) general zoning,
building and environmental protection laws, ordinances,
regulations and restrictions, (d) special assessments, (e)
matters which an accurate survey of the premises would disclose,
(f) security interests in crops or fixtures under Chapter
336, Minnesota Statutes, and (g) the presence of hazardous
substances, hazardous waste, pollutants or contaminants not
appearing in the photocopy of the Abstract of Title.
With respect to (a) above, we suggest that you
satisfy yourself that no one is in possession of the premises
other than the above -named fee owner, or if anyone else is
in possession, that they do not claim any title or interest
in the premises. With respect to (b) above, we further suggest
that you satisfy yourself by a visual inspection of the premises
that there have been no improvements in process or completed
on the premises within the last one hundred twenty (120)
days, or if there have been such improvements, inquiry should
be made to determine that said improvements have been paid
for in full. With respect to (g) above, we further suggest
that you satisfy yourself by testing and investigation of
the premises that no such substances, wastes, pollutants
or contaminants are present in or on the premises.
We call your attention to the fact that no examination
has been made of the original records or proceedings referred
to in said photocopy of the Abstract of Title, and this opinion
is further subject to any and all matters which would be
disclosed by such an examination.
JRH:slg
cc: Thomas S. Erickson, Esq.
Very truly yours,
DORSEY,& WHITNEY
C..
By ,,'
�J Robert Hibbs
fr
r
•
AWL
�,.�'
EASEMENT AND AGREEMENT
EASEMENT AND AGREEMENT, made effective as of J 9 J 01;Z , 19 do by
and between SuperAmerica Stations, Inc., a Minnesota corporation, with a
mailing address of P. 0. Box 14000, Lexington, Kentucky 40512, Attention:
Jack K. Lemley ( "Grantor "), and the city of Edina, a municipal corporation
organized under the laws of the state of Minnesota, with a mailing address
of 4801 West 50th Street, Edina, Minnesota 55424 ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the owner of property located at 5205 Vernon Avenue,
Edina, Hennepin County, Minnesota (the "Premises "), and
WHEREAS, Grantee required an easement over and across the Premises for the
purposes set forth below, and
WHEREAS, Grantor is willing to grant an easement to Grantee on the terms and
conditions set forth.
NOW, THEREFORE, in consideration of One and No /100 Dollar(s) ($1.00) cash in
hand paid by Grantee to Grantor, receipt of which is hereby acknowledged,
and in consideration of the mutual covenants set forth below, Grantor hereby
grants unto Grantee a perpetual easement over and across the Premises for
the sole purpose of construction, maintenance, operation, removal, and
replacement of a public road.
The easement granted hereby (the "Easement ") shall be strictly limited to
that portion of the Premises more particularly described as set forth on
Exhibit A attached hereto.
The Easement shall be subject to the following terms and conditions:
1. Business Interruption. Grantee shall use the Easement in a responsible
and workmanlike manner, so as to ca-ase minimu,n, reasOi.able disruption
to the safe use and enjoyment of the premises. Grantee shall at all
times use the Easement in a safe and lawful manner and shall maintain
the public roadway contemplated hereby in good order and condition.
2. Restoration. The Grantee hereby covenants and agrees that its use of
this Easement shall be limited to use for a public road, and that if
such road is not constructed within one (1) year from the date of this
Easement Agreement, or is permanently removed, that it shall convey the
Easement back to the Grantor.
3. Indemnification. By its acceptance hereof, Grantee hereby agrees to
indemnify and hold harmless Grantor from and against, any loss, cost,
damage claim, liability, judgments or expenses, including reasonable
attorney fees and other litigation expenses, for personal injury,
death, or damage to crops, fences or other property, which results from
or arises out of Grantee's use of or access to the Easement. It is
understood, however, that the obligations of the Grantee shall not
extend to property damage caused by or resulting from the negligent use
of the public roadway by the general public.
4. Title. The Easement is granted subject to all easements, restrictions,
and encumbrances of record in the chain of title to the Premises.
5. Flammable Liquids Storage. Grantee acknowledges that it has been
informed that underground storage tanks containing flammable substances
may be located under the surface of the premises, possibly in close
proximity to the Easement, and Grantee in using the Easement shall keep
all installations the minimum distance away from any such storage tanks
recommended or required by applicable codes, laws and regulations.
6. General Terms. This Easement and Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs,
personal representatives, successors, and assigns, and shall be
governed by and construed in accordance with the laws of the State of
Minnesota. This Easement and Agreement sets forth the entire agreement
of the parties hereto with respect to its subject matter, and may not
be amended except in a writing signed by the parties hereto.
IN WITNESS WHEREOF, Ashland has executed this Easement Agreement effective
as of the date first above written.
Witnesses as to signatures
are requ. ed),.
G
STATE OF Y1en fUCKL1 )
SS:
COUNTY OF Gf'Fe_ )
SUPERAMERICA STATIONS, INC.
J s D. Wil.liarm
By: W
Its: vice President
The foregoing instrument was ackciowledged before me this f� day
of 1 19�, by Z-5orrZe-z Z�. 1ASMl4du•3 ,
of y,.kMr a.MerjQ o. 5io- *ron s a -Ker -O b eiEctlrl/�
corporation, on behalf of the corporation. _lwt
My commission expires:
Thi�lnstrument prepared by:
KiAberlyI Owen, Attorney
SuperAmer(i/ca
Division of Ashland Oil, Inc.
P. 0. Box 14000
Lexington, KY 40512
�a&CL L/;C . bjnr -
Notary Public
/- ICQ -q0
(SEAL)
That part of
recorded plat
as follows:
EXHIBIT A
Lot 2, Block 1, ENROTH'S FIRST ADDITION, according to the
thereof and situate in Hennepin County, Minnesota, described
Commencing at the intersection of the northerly line of said Lot 2 with a
line 40 feet easterly of, measured at a right angle to and parallel with the
westerly line of said Lot 2; thence on an assumed bearing of South 18
degrees 27 minutes 00 seconds West along said parallel line, a distance of
100.83 feet to the point of beginning of the land to be described; thence
South 52 degrees 13 minutes 00 seconds East, a distance of 40.38 feet;
thence Easterly along a tangential curve concave to the north having a
radius of 187.00 feet and a central angle of 49 degrees 15 minutes 34
seconds, a distance of 160.77 feet to the east line of said Lot 2; thence on
a bearing of South along said east line, a distance of 0.36 feet to the
southeasterly line of said Lot 2, said southeasterly line being a
nontangential curve concave to the southeast having a radius of 1179.28
feet, a central angle of 04 degrees 44 minutes 41 seconds, a chord of 97.63
feet and a chord bearing of South 61 degrees 23 minutes 59 seconds West;
thence Southwesterly along said southeasterly line, a distance of 90.32 feet
to the intersection with a line 40 feet northeasterly of, measured at a
right angle to and parallel with a southwesterly line of said Lot 2, which
line has a length of 94.50 feet; thence North 46 degrees 29 minutes 14
seconds West along said parallel line, a distance of 144.82 feet to an
intersection with a line drawn easterly perpendicular to the westerly line
of said Lot 2 from a point distant 50.00 feet northeasterly from the most
westerly corner of said Lot 2; thence North 71 degrees 33 minutes 00 seconds
West along said perpendicular line, a distance of 0.51 feet to an
intersection with a line 40.00 feet easterly of, measured at a right angle
to and parallel with the westerly line of said Lot 2; thence North 18
degrees 27 minutes 00 seconds East along said parallel line, a distance of
3.88 feet to the point of beginning.
The property comprising the easement granted hereby contains 3478 square
feet or 0.0798 acres.
Being a portion of the property conveyed to Grantor by Deed dated July 18,
1966, of record at Deed Book 2553, Page 59 in the office of the County
Clerk, Hennepin County, Minnesota.
71089k -1
EASEMENT FOR PUBLIC ROAD PURPOSES
THIS INSTRUMENT, Made this day of ,
19 , by and between
a corporation under the laws of the State of Minnesota, party of
the first part, and the City of Edina, a municipal corporation
organized under the laws of the State of Minnesota, party of the
second part;
WITNESSETH, That the said party of the first part, in
consideration of One and No /100 Dollars ($1.00), to it in hand
paid by the said party of the second part, the receipt whereof is
hereby acknowledged, does Grant, Bargain, Sell, Convey and
Warrant to said party of the second part an Easement in
perpetuity for public road purposes, in, under and over the
following described property situate in the County of Hennepin
and State of Minnesota, to -wit:
That part of Lot 2, Block 1, ENROTH'S FIRST ADDITION, according
to the recorded plat thereof and situate in Hennepin County,
Minnesota, described as follows:
Commencing at the intersection of the northerly line of said Lot
2 with a line 40 feet easterly of, measured at a right angle to
and parallel with the westerly line of said Lot 2; thence on an
assumed bearing of South 18 degrees 27 minutes 00 seconds West
along said parallel line, a distance of 100.83 feet to the point
of beginning of the land to be described; thence South 52 degrees
13 minutes 00 seconds East, a distance of 40.38 feet; thence
Easterly along a tangential curve concave to the north having a
radius of 187.00 feet and a central angle of 49 degrees 15
minutes 34 seconds, a distance of 160.77 feet to the east line of
said Lot 2; thence on a bearing of South along said east line, a
distance of 0.36 feet to the southeasterly line of said Lot 2,
said southeasterly line being a nontangential curve concave to
the southeast having a radius of 1179.28 feet, a central angle of
04 degrees 44 minutes 41 seconds, a chord of 97.63 feet and a
chord bearing of South 61 degrees 23 minutes 59 seconds West;
thence Southwesterly along said southeasterly line, a distance of
90.32 feet to the intersection with a line 40 feet northeasterly
of, measured at a right angle to and parallel with a
southwesterly line of said Lot 2, which line has a length of
94.50 feet; thence North 46 degrees 29 minutes 14 seconds West
along said parallel line, a distance of 144.82 feet to an
intersection with a line drawn easterly perpendicular to the
westerly line of said Lot 2 from a point distant 50.00 feet
northeasterly from the most westerly corner of said Lot 2; thence
North 71 degrees 33 minutes 00 seconds West along said
perpendicular line, a distance of 0.51 feet to an intersection
with a line 40.00 feet easterly of, measured at a right angle to
and parallel with the westerly line of said Lot 2; thence North
18 degrees 27 minutes 00 seconds East along said parallel line, a
distance of 3.88 feet to the point of beginning.
IN TESTIMONY WHEREOF, The said first party has caused these
presents to be executed in its corporate name by its
and its corporate seal
to be hereunto affixed the day and year first above written.
(Corporate Seal)
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
By —
Title
By —
Title
On this day of , 1989 ,
before me, a Notary Public within and for said County, personally
appeared:
to me personally known who,
that they are respectively
and
and
being each by me duly sworn, did say
the
the foregoing instrument, and
instrument was signed and sealed
by authority of
of the corporation named in
that the seal affixed to said
in behalf of said corporation
and
acknowledged said instrument to be
the free act and deed of said corporation.
(Notarial Seal)
THIS DOCUMENT IS EXEMPT FROM DEED TAX
This instrument was drafted by: City of Edina
4801 West 50th Street
Edina, Minnesota 55424
EASEMENT AND AGREEMENT
EASEMENT AND AGREEMENT, made effective as of J v 4 y / o , 19 8 c/ , by
and between SuperAmerica Stations, Inc., a Minnesota corporation, with a
mailing address of P. 0. Box 14000, Lexington, Kentucky 40512, Attention:
Jack K. Lemley ( "Grantor "), and the city of Edina, a municipal corporation
organized under the laws of the state of Minnesota, with a mailing address
of 4801 West 50th Street, Edina, Minnesota 55424 ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the owner of property located at 5205 Vernon Avenue,
Edina, Hennepin County, Minnesota (the "Premises "), and
WHEREAS, Grantee required an easement over and across the Premises for the
purposes set forth below, and
WHEREAS, Grantor is willing to grant an easement to Grantee on the terms and
conditions set forth.
NOW, THEREFORE, in consideration of One and No /100 Dollar(s) ($1.00) cash in
hand paid by Grantee to Grantor, receipt of which is hereby acknowledged,
and in consideration of the mutual covenants set forth below, Grantor hereby
grants unto Grantee a perpetual easement over and across the Premises for
the sole purpose of construction, maintenance, operation, removal, and
replacement of a public road.
The easement granted hereby (the "Easement ") shall be strictly limited to
that portion of the Premises more particularly described as set forth on
Exhibit A attached hereto.
The Easement shall be subject to the following terms and conditions:
1. Business Interruption. Grantee shall use the Easement in a responsible
and workmanlike manner, so as to cause minimum disruption to the safe
use and enjoyment of the premises. Grantee shall at all times use the
Easement in a safe and lawful manner and shall maintain the public
roadway contemplated hereby in good order and condition.
2. Restoration. The Grantee hereby covenants and agrees that its use of
this Easement shall be limited to use for a public road, and that if
such road is not constructed, or is permanently removed, that it shall
convey the Easement back to the Grantor.
3. Indemnification. By its acceptance hereof, Grantee hereby agrees to
indemnify and hold harmless Grantor, the Easement and the Premises from
and against, any loss, cost, damage claim, liability, judgments or
expenses, including reasonable attorney fees and other litigation
expenses, for personal injury, death, or damage to crops, fences or
KIJ
other property, which results from or arises out of Grantee's use of or
access to the Easement.
4. Title. The Easement is granted subject to all easements, restrictions,
and encumbrances of record in the chain of title to the Premises.
5. Flammable Liquids Storage. Grantee acknowledges that it has been
informed that underground storage tanks containing flammable substances
may be located under the surface of the premises, possibly in close
proximity to the Easement, and Grantee in using the Easement shall keep
all installations the minimum distance away from any such storage tanks
recommended or required by applicable codes, laws and regulations.
6. General Terms. This Easement and Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs,
personal representatives, successors, and assigns, and shall be
governed by and construed in accordance with the laws of the State of
Minnesota. This Easement and Agreement sets forth the entire agreement
of the parties hereto with respect to its subject matter, and may not
be amended except in a writing signed by the parties hereto.
IN WITNESS WHEREOF, Ashland has executed this Easement Agreement effective
as of the date first above written.
Witnesses as to signatures
(two are required):
COUNTY OF )
SUPERAMERICA STATIONS, INC.
Jame D. Williams
Its: ce President
The foregoing instrument was acknowledged before me this 10 +h day
of u1 19,99 by W I MOLM-5
YiCe- 9r-2:5i -r\-1r of pecPte�e�ica. S }w r)5Mr,c,a
corporation, on behalf of the corporation.
ate. ` -. wcrs �--
Notary Public (SEAL)
My commission expires: i - 1(0-q0
ThiVInstrument j2repared by:
Kimberly /f. Owen, Attorney
SuperAme ica
Division of Ashland Oil, Inc.
P. 0. Box 14000
Lexington, KY 40512
�J
EXHIBIT A
That part of Lot 2, Block 1, ENROTH'S FIRST ADDITION, according to the
recorded plat thereof and situate in Hennepin County, Minnesota, described
as follows:
Commencing at the intersection of the northerly line of said Lot 2 with a
line 40 feet easterly of, measured at a right angle to and parallel with the
westerly line of said Lot 2; thence on an assumed bearing of South 18
degrees 27 minutes 00 seconds West along said parallel line, a distance of
100.83 feet to the point of beginning of the land to be described; thence
South 52 degrees 13 minutes 00 seconds East, a distance of 40.38 feet;
thence Easterly along a tangential curve concave to the north having a
radius of 187.00 feet and a central angle of 49 degrees 15 minutes 34
seconds, a distance of 160.77 feet to the east line of said Lot 2; thence on
a bearing of South along said east line, a distance of 0.36 feet to the
southeasterly line of said Lot 2, said southeasterly line being a
nontangential curve concave to the southeast having a radius of 1179.28
feet, a central angle of 04 degrees 44 minutes 41 seconds, a chord of 97.63
feet and a chord bearing of South 61 degrees 23 minutes 59 seconds West;
thence Southwesterly along said southeasterly line, a distance of 90.32 feet
to the intersection with a line 40 feet northeasterly of, measured at a
right angle to and parallel with a southwesterly line of said Lot 2, which
line has a length of 94.50 feet; thence North 46 degrees 29 minutes 14
seconds West along said parallel line, a distance of 144.82 feet to an
intersection with a line drawn easterly perpendicular to the westerly line
of said Lot 2 from a point distant 50.00 feet northeasterly from the most
westerly corner of said Lot 2; thence North 71 degrees 33 minutes 00 seconds
West along said perpendicular line, a distance of 0.51 feet to an
intersection with a line 40.00 feet easterly of, measured at a right angle
to and parallel with the westerly line of said Lot 2; thence North 18
degrees 27 minutes 00 seconds East along said parallel line, a distance of
3.88 feet to the point of beginning.
The property comprising the easement granted hereby contains 3478 square
feet or 0.0798 acres.
Being a portion of the property conveyed to Grantor by Deed dated July 18,
1966, of record at Deed Book 2553, Page 59 in the office of the County
Clerk, Hennepin County, Minnesota.
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