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MONUMENT EASEMENT
THIS INSTRUMENT, Made as of the f---- day of ,
1990, by and between R.E.C., INC., a Minnesota corporatioil
( "Grantor "), and the City of Edina, a municipal corporation
organized under the laws of the State of Minnesota ( "City ");
WITNESSETH, That the Grantor, in consideration of One
and no /100 ($1.00) Dollars, to it in hand paid by the City, the
receipt whereof is hereby acknowledged, does hereby Grant,
Bargain, Sell, Convey and Warrant to the City an easement in
perpetuity for historical monument purposes, including the
right to enter for the purpose of constructing, maintaining,
altering, repairing, replacing and reconstructing a monument
and related retaining walls, walkways and landscaping, (which
monument, and related retaining walks, walkways and landscaping
shall be maintained by the City, at its cost, in good repair
and condition), and including the right of the public to enter
to view and enjoy the monument, on and over the following
described property situate in the County of Hennepin and State
of Minnesota, to -wit:
That part of Lot 35, Block 1, Clarks 2nd Addition, Hennepin
County, Minnesota, described as follows:
Commencing at the northeast corner of said Lot 35,
Block 1, Clarks 2nd Addition; thence southerly along
the east line of said Lot 35, a distance of 45 feet;
thence northwesterly to a point on the north line of
said Lot 35, 45 feet west of the northeast corner
thereof when measured along said north line; thence
easterly along the north line of said Lot 35 to the
point of beginning and there terminating.
IN TESTIMONY WHEREOF, Grantor has caused these
presents to be executed as of the day and year first above
written.
R.E.C., INC.
By
TRANSF n ENTERS9 Its
DEPT. OF PROPER7'V TAX & PUBUC WCORDS
AUG 27 1890 And
NENNE 'N 7Y MINN.
BY _ DEPUTY
-;
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument�as acknowledged before me
this - day of J�1,y, 990 �' '�) '� �� the
�t ? and the of
R.E.C., INC., a Mi esota corporation, on behalf of the
corporation.
ROBYN M. QRUND
i, NOTAFY PUBLIC — MINNE30TA
'ate HENNEPIN COUNTY
�Y�l..•• M.y Commission Expires Apr 14. 1993
2taL,"n A-4j-L'A'
Notary Public
-2-
;•a •
The undersigned, being the holder of liens on and
interests in the property described in the Easement to which
this Subordination is attached pursuant to the following
described documents: Mortgage, Security Agreement,-Fixture Financing Statement
and Assignment of Leases and Rents dated July 18, 1990, executed by R.E.C., Inc., a Minnesota
corporation, in favor of American'National Bank and Trust Company, filed of record in the office
of the Hennepin County Recorder on _'Tv / / 7 , / `! S� , as Document No.
and in the office of the Hennepin County Registrar of Titles on
j u L f 1 q 1 , as Document No. a, // / 5 3,� .
does hereby agree that the liens and interests created by such
documents and all renewals, modifications and extensions
thereof, are and shall be subordinate to the easement rights
granted to the City of Edina by the Easement to which this
Subordination is attached.
Dated: AMERICAN NATIONAL BANK AND
TRUST COMPANY
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
By—
Its-
And
Its
��The foregoing Subordination was acknowledged before me
�
thi _ day of July, 1990, by chime\ G Q_ 2k I C11__ the
UL.c and aa0br..yc, the
Of AMERICAN NATIONAL BANK AND TRUST COMPANY, a national banking
association, on behalf of the association.
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Nary Pu bl"Inn ea
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Dakota
o t a Public
l i c %_) Mw r . 5 9
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Z
130 AUG �7 FM 2: 10
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D� ; -llicate
�' .ling
Certificate
50 Cents
350 PARK AVENUE
NEW YORK, NEW YORE 10022
(212)415 -9200
1330 CONNECTICUT AVENUE, N. W.
WASHINGTON, D. C. 20036
(202) 857 -0700
3 GRACECHURCH STREET
LONDON BC3V OAT, ENGLAND
01- 929 -3334
36, RUE TRONCHET
75009 PARIS, FRANCE
01- 42-66 -59 -49
FAR EAST FINANCE CENTER
HONG KONG
852 -5- 8612555
Mr. Craig Larsen
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Highcroft
DOI3SEY & WHITNEY
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
612) 340 -2600
TELEX 29 -0605
FAX (612) 340 -2868
THOMAS S. ERICESON
September 4, 1990
340 FIRST NATIONAL BANK BUILDING
ROCHESTER, MINNESOTA 55903
(507) 288 -3156
315 FIRST NATIONAL BANK BUILDINO
WAYZATA,MINNESOTA 55391
(612) 475 -0373
1200 FIRST INTERSTATE CENTER
BILLINGS, MONTANA 59103
(406)252 -3800
201 DAVIDSON BUILDING
GREAT FALLS, MONTANA 59401
(406)727 -3632
127 EAST FRONT STREET
MISSOULA., MONTANA 59802
(406) 721 -6025
Dear Craig: See
The Monument Easement and the Conservation Easement on the
Highcroft matters have now been recorded. The Monument Easement was recorded
in the office of the County Recorder on August 27, 1990, as Document No. 5696246.
A copy thereof with recording date thereon is enclosed. The Conservation
Easement was recorded in the office of the Registrar of Titles on August 27, 1990, on
two separate Certificates of Title, Nos. 751304 and 751305. We will receive an
attested copy shortly and will then give you the recording information. I also
enclose herewith, for your file, an original of the Conservation Easement, fully
executed, including the Subordination by the holder of the mortgage thereon.
If you have any questions, please advise.
Very truly yours,
Tho as S. Erickson
TSE:kks
Enclosures
EXHIBIT C
CONSERVATION EASEMENT
THIS INDENTURE, Made as of this � day of -Su 1990,
between R.E.C., INC., a Minnesota corporation (hereinafter called "O er," whether
one or more), and the CITY OF EDINA, a municipal corporation under the laws of
the State of Minnesota (hereinafter called "Edina ").
WITNESSETH:
That Owner, in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, does hereby
Grant, Bargain, Sell and Convey unto Edina, its successors and assigns, Forever, a
Conservation Easement pursuant to Minnesota Statutes § 84.64, for the purposes
and on the terms hereinafter specified, over, on and across the tracts or parcels of
land lying and being in the County of Hennepin, State of Minnesota, described in
Exhibit I attached hereto and made a part hereof (said tracts and parcels of land being
hereinafter together called the "Easement Area ").
TO HAVE AND TO HOLD THE SAME, Together with all the
hereditaments and appurtenances thereunto belonging, or in anywise appertaining,
to Edina, its successors and assigns, Forever. And Owner, for Owner and Owner's
successors and assigns, covenants with Edina, its successors and assigns, that it is
well seized in fee simple of the Easement Area, and has good right to convey the
interests therein pursuant hereto, and that the Easement Area is free from all
encumbrances, except real estate taxes and installments of special assessments
payable therewith which are not yet due, and except for easements of record as of the
date hereof, if any. And the Easement Area, in the quiet and peaceable possession of
Edina, its successors and assigns, for the purposes hereby granted against all persons
lawfully claiming or to claim the whole or any part thereof, subject to the
encumbrances hereinbefore mentioned, Owner will warrant and defend.
The purposes of this Conservation Easement is to assure that the
Easement Area shall at all times: (i) remain substantially in its present natural
condition; (ii) constitute scenic surroundings; and (iii) constitute a suitable habitat
for wildlife. To accomplish this purpose, Owner, for Owner and Owner's successors
and assigns, does hereby covenant and agree that:
1. No buildings, roads, signs, billboards or other advertising of any
kind, and no utilities or other structures of any kind shall be hereafter erected or
placed on or above any part of the Easement Area without the express prior -written
approval of Edina. TRANSFOR ENTIRE&
DEPT. OF PROPERTY TAX & PUBUC ECORDS
AM 27 Sri
H N COUNTY MINN.
DEPUTY
2. No soil or other substance or material shall be dumped or placed as
landfill on any part of the Easement Area without the express prior written
approval of Edina.
3. No trash, waste or unsightly or offensive materials shall be dumped
or placed on any part of the Easement Area.
4. No trees, shrubs or other vegetation shall be removed from any part
of the Easement Area without the express prior written approval of Edina.
5. No loam, peat, gravel, soil, rock or other material substance shall be
excavated, dredged or removed from any part of the Easement Area without the
express prior written approval of Edina.
6. No activities detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, fish and wildlife habitat
preservation or other acts or uses detrimental to the Easement Area as a natural and
scenic open or wooded space or as a wildlife habitat, shall be conducted or permitted
to be conducted on any part of the Easement Area.
7. No surface use shall be made of any part of the Easement Area
except for purposes consistent with the maintenance of the Easement Area in its
natural condition without the express prior written approval of Edina. However,
pedestrian travel over any lot within the Easement Area by the fee owners of such
lot or his or her invitees shall be allowed, but without construction of paths or other
surface improvements of any kind.
8. The Easement Area shall be maintained at all times by Owner,
Owner's successors and assigns, in full compliance with all applicable ordinances of
Edina now or hereinafter enacted and in full compliance with the provisions of this
Conservation Easement.
9. This Conservation Easement shall not operate to grant to Edina the
right to enter upon or use or improve, or to permit the public to enter upon or use
or improve, the Easement Area for any purpose whatsoever, including without
limitation, as or for a park. Provided, however, that the provisions of the
immediately preceding sentence shall not restrict or prevent Edina from exercising
its remedies as provided in paragraph 10 hereof.
10. The rights and remedies, in law and in equity, given by the laws of
Minnesota, including, without limitation, Minnesota Statutes § 84.65 or any
successor statute, as they may hereafter be supplemented, modified or amended,
shall be available to Edina. Also, if there shall be a violation or breach, or an
attempt to violate or breach, any of the terms, covenants or conditions of this
Conservation Easement, Edina may prosecute any proceedings at law or in equity
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against the person, firm or corporation violating or breaching, or attempting to
violate or breach, any such term, covenant or condition, to either prevent such
violation or breach or to recover damages for such violation or breach. Also, in the
event of such violation or breach, and if such violation or breach is not cured
within thirty (30) days after the mailing or delivery by Edina of written notice of
such violation or breach to the then record owners (as such owners and their
addresses are shown on the records of the Edina assessor) of the lot or lots in the plat
of Clarks 2nd Addition within the Easement Area upon which such violation or
breach occurred, then Edina may, at its option, enter upon the Easement Area with
such personnel, equipment and material as it determines necessary, to undertake to
perform the term, covenant or condition so violated or breached, or to cure the
violation or breach, and the cost incurred, including attorneys' fees, with interest at
the highest rate then allowed by law, or, if no maximum rate is applicable, then at
the rate of twelve percent (12%'0) per annum, shall be payable by the then record
owners of the lot within the Easement Area in Clarks 2nd Addition upon which
such violation or breach is threatened or has occurred, on demand made by Edina,
its successors and assigns, and such record owners shall also pay all costs of
collection thereof, including attorneys' fees, with interest thereon as above
provided, if payment is not made on demand, whether or not suit be brought. In
addition to other remedies then available for collection of such costs and interest,
Edina may levy such costs and interest against any lot within the Easement Area in
Clarks 2nd Addition upon which such violation or breach was threatened or
occurred, in the same manner as special assessments (without, however, any notice
or hearing of any kind) and collect the same with the real estate taxes against the
whole of such lots which are payable in the year following the year such costs and
interest are so charged, and Owner, for itself, its successors and assigns, hereby
waives any and all objections to such assessment, including, without limitation, the
amount thereof, the hearing process (including the giving of, or failure to give, or
error in giving of,.any required notice) and including all rights of appeal from such
levy. If such assessments are not paid, the whole of the lots against which the
assessment is levied may be sold and conveyed in the same manner as lands
forfeited for nonpayment of real estate taxes are sold and conveyed. The lien of such
assessment shall be subordinate to the lien of any mortgage against the lots against
which such assessment is levied which is of record as of the date of such levy.
11. The terms, covenants and conditions hereof shall run with the
land and shall be binding on all present and future owners and occupiers of the
Easement Area, and shall only inure to the benefit of Edina, its successors and
assigns, and may be amended or modified as to any lot described in Exhibit I hereto,
at any time and from time to time by the sole act of Edina and the then record
owners of that lot, and may be released at any time by the sole act of Edina.
12. Each person who is a record owner of a lot described in Exhibit I
hereto shall be liable and obligated hereunder for all liabilities and obligations
accruing while such a record owner, but such liability and obligation shall cease as to
3
such person when no longer such a record owner, except, however, for liabilities
and obligations which accrued while such a record owner. If there be more than one
record owner of any such lot, such owners shall be jointly and severally liable.
IN TESTIMONY WHEREOF, Owner has caused these presents to be
executed as of the day and year first above written.
R E. C., INC.
B
its
And - bk. -� -f �--
STATE OF MINNESOTA )
) ss.
COUNTY OF FEENNEPIN)
The foregoing instrument was acknowledged before me this 3 J_ day
of July, 1990, by E. Go,- t' the and
the v . ce of RE.C., INC., a Minnesota
corporation, on. behalf of the corporation.
oROBYN M. GRUND
NOTARY PUBLIC — MINNESOTA
HENNEPIN COUNTY
My Commission Expires Apr 14, 1993
4
��i tiMa., Nn w.1.iA�Wi A.nba.... ... ".�i
CONSENT AND SUBORDINATION
The undersigned, being the holder of liens on and interests in the lots
in the "Easement Area" as described in the Conservation Easement to which this
Consent and Subordination is attached, pursuant to the following described
documents: Mortgage, Security Agreement, Fixture Financing Statement and Assignment of
Leases and Rents dated July 18, 1990, executed by R.E.C., Inc., a Minnesota corporation, in
favor of American National Bank and Trust Company, filed of record in the office of the
Hennepin County Recorder on .Iv /,/ ?, /Ub , as Document No. S6 P /�, and in the office
of the Hennepin County Registrar of Titles on __T U J_ % q, /$�O , as Document No. ;t / 31.
does hereby agree and consent to all of the terms and conditions of the Conservation
Easement to which this Consent and Subordination is attached, and agrees that the
liens and interests created by such documents, and all renewals, modifications and
extensions thereof, are and shall be subordinate to the easements and interests
created by said Conservation Easement, and agrees to be bound by all of the
obligations of, -and subject to all of the remedies available against, Owner, as defined
in such Conservation Easement, and record owners of lots within the Easement
Area as described in such Conservation Easement, in the event it becomes the
owner of one or more of the lots within the Easement Area.
Dated: IkJL n__
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
AMERICAN NATIONAL BANK
AND TRUST COMPANY
By
Its V/cc, cdz
• 1_
The for oin Consent and Subordination was acknowledged before
me -day of , , by ' the this
and En . the r.e e � o - �9 -. f AMERICAN NATIONAL
BANK AND MUST COMPANY, a national banking association, on behalf of the
association.
SALLY J. THOMPSON
NOTARY PUBLIC — MINNESOTA No Public
WASHINGTON COUNTY
My Comm. Expires Apr 15. 199
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