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HomeMy WebLinkAbout2442350 PARE 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 S03V OAT, ENGLAND 44- 71- 929-3334 36, RUE TRONCHET 75009 PARIS, FRANCE 33- 1- 42-66-59 -49 45, RUE DE TREVHS B-1040 BRUSSELS, BELGIUM 32- 2-238 -78 -11 Mr. Craig Larsen City of Edina 4801 West 50th Street Edina, MN 55424 Dear Craig: DORSEY & WHITNEY A PAuT zu.- IxcLuD-o Psorzwo.AL CpBPDB -o.B 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 5 540 2-1498 (612) 340 -2600 TELEX 29 -0605 FAX (612) 340 -2868 THOMAS S. MUCSSON (612) 340 -2669 July 10, 1991 201 FIRST AVENUE, S. W., SUITE 340 ROCHESTER, MINNESOTA 55902 (507) 288-3156 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 Re: Sign and Monument Easement - Semper Holdings, Inc. I enclose herewith a duplicate original of the Sign and Monument Easement, filed on July 8, 1991 in the office of the County Recorder, Hennepin County, Document No. 5797707. Please retain this document in your files. Where is our antenna screening agreement? Very truly yours, Tw\-� Thomas S. Erickson TSE:kks Enclosure �.1 d, t THIS INSTRUMENT, Made as of the '1.0 day of J , 1991, by and between Semper Holdings, Inc., a Minnesota corporation ( "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) Dollar, and other good and valuable consideration, to it in hand paid by the City, the receipt and sufficiency whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, Convey and Warrant to the City an easement in perpetuity on, over and across the property situated in Edina, Minnesota and described on Exhibit A attached hereto and hereby made a part hereof (the "Easement Area ") for sign and monument purposes, including the right to enter upon the Easement Area for the purpose of constructing, maintaining, altering, repairing, replacing and reconstructing a sign and /or monument. The sign and /or monument above - referenced and to be constructed and maintained on the Easement Area as above provided, shall be in substantially the shape, design and size shown on Exhibit B attached hereto and hereby made a part hereof, and shall be of such color or colors as is determined, from time to time, solely by City. The City, by acceptance of this easement, hereby agrees to maintain the sign and /or monument in good condition and repair. The City shall promptly repair any damage to the Easement Area or other property of Grantor around the Easement Area which is caused by the installation, repair or presence of the sign and /or monument, and which is due to the act or negligence of City, its contractors, employees, agents or representatives. The City shall at all times hold Grantor, and its successors, assigns and tenants, harmless from any damages and reasonable costs which are caused by the installation, repair or presence of the sign and /or monument in the Easement Area and which are due to the act or neglect of City, its contractors, employees, agents or representatives. IN TESTIMONY WHEREOF, Grantor has caused these presents to be executed as of the day and year first above written. TRANSFER ENTERED DEPt. OF PROPERTY TAX S PUBLIC RECpRM JUL 8 1991 P�N COUNTY MINN. Y------ """_ -- -. DEPIJTY STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknow�}edged before me this ZO day of jzu 4 � ,1991, by PX- dl and Fc2e, and P f , respectively, of S6nper Holdings, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public This Document Prepared By: Ar'tfNIE L AN `r,R.' :e NOTARY PI,'LIG I` i 't1LSOTA Dorsey & Whitney (TSE) HENNEPIN COUNTY 2200 First Bank Place East My Commission Expires June 17, 1994 Minneapolis, Minnesota 55402 " x THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. 2 SUBORDINATION The undersigned being the holder of liens on and interest in the Easement Area described in the Sign and Monument Easement to which this Subordination is attached pursuant to the following described documents: Combination Mortgage Deed, Assignment of Rents, Security Agreement and Financing Statement filed October 17, 1990, in the office of the County Recorder, Hennepin County, Minnesota, as Document No. 5712659 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 +.he Sign and Monument Easement to which this Subordination is attached. Dated: February '1991 THE MIDWAY NATIONAL BANK STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) " ° "'4 - The foregoing instrumen as acknowledged before me this J/ da of F0��'► 1991, by ���,EO� t.�., �� 1,:�' and the rjk', and respectively, of The Midway National Bank of St. Paul, a national banking association, on behalf of the association. Notary Public AAAAAAMAAAAMAMAAAM AA&V NAAAW M MANY ANN CON89Y NOTARY PUNI.IC- MINN960TA RAMSEY COUNTY My Comm. Expires June 20, 1996 a vvwvvwvvvvvvvvwvvvvvvvvvwvww r AS15- 187.DOC CONSENT THE UNDERSIGNED, WALGREEN CO., an Illinois corporation, as Tenant under that certain Lease dated August 1, 1990, recorded by Memorandum of Lease of even date, on October 17, 1990, as Document Number 5712657 in the Office of County Recorder for Hennepin County, Minnesota, does hereby consent to the foregoing Sign and Monument Easement dated June 20, 1991. IN WITNESS WHEREOF, the undersigned has executed this Consent the 47 day of -'L , 1991. WALGREEN CO. �4 y .1t� Vice President Attest: Assistant Secretary STATE OF ILLINOIS ) ) SS. COUNTY OF LAKE ) On this _6� day of -�kr� , 1991, before me appeared &1 S t-lt&iSS to me personally known, who, being by me duly sworn, did say that he is the vice president of WALGREEN CO., and that the seal affixed to said instrument is the corporate seal of said corporation, that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and as such vice president acknowledged said instrument to be the free act and deed of said corporation. N Public My commission expires: OFFICIAL SEAL MARY N. BUTLER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 1130!93 EXHIBIT A (Easement Area) Sian Easement The North 5 feet of the East 7 feet of t:e South 42.5 feet of Lot 20, Auditors Sub. No. 172, according to the recorded plat thereof, Hennepin County, Minnesota. EXHIBIT B (Monument Specificat}jons) v�• r�.M�I�UM RIB+ � ',oV1�'r �y14GFh uNY�G+F� GoNr►E[�fA�� Zyiz U' %a.J�JEC. ?iorl TVA � ' 4GPC9i Sheet No. D7 of Phase Two 50th & France Streetscape Improvements dated 1/16/91 and prepared by BRW, Inc. :Gt7iL �O iK+GfOGfs iG ILWNIIhV►Tt:EL UNIT ..oLoRfi.D Cee -�G, ts�irllw -� I� • 4 t --ECORDER li LN'SUA —;l cmlr� X767707 55 j U;L - cate ,-i ing Gertificate 50 Cents 350 PARK AVENUE NEW YORK, NEW YOUR 10022 (212) 415 -9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202) 857 -0700 3 GRACECHURCH STREET LONDON 203V OAT, ENGLAND 44- 71- 929 -3334 36,RUE TRONCHET 73009 PARIS, FRANCE 33- 1- 42- 66 -59 -49 45, RUE DE TR$VES B -1040 BRUSSELS, BELGIUM 32-2 - 238-78 -11 Mr. Craig Larsen City of Edina 4801 West 50th Street Edina, MN 55424 Dear Craig: DORSEY & WHITNEY A PAHSNHHSAIP INOLODINO P- 1-- siONAL 1v- --A-O- 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402-1498 (612) 340 -2600 TELEX 29 -0605 FAX (612) 340 -2868 THOMAS S. MCKSON (612) 340.2659 July 30, 1991 f r 201 FIRST AVENUE, S. W., SUITE 340 ROCHESTER, MINNESOTA 55902 (507) 288 -3156 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 (406) 862 -3800 201 DAVIDSON BUILDINO GREAT FALLS, MONTANA 59401 (408) 727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (406) 721 -6025 Re: Sign and Monument Easement - Semper Holdings, Inc. I enclose herewith an executed original of the Sign and Monument Easement, filed on July 8, 1991 in the office of the County Recorder, Hennepin County, Document No. 5797707. Please retain this document in your files. Very truly yours, ThWas Er ickson TSE:kks Enclosure V.,. i.$ r_� 5797707 THIS INSTRUMENT, Made as of the 20 day of 1991, by and between. Semper Holdings, Inc., a Minnesota corporation C;QWantorl, 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) Dollar, and other good and valuable consideration, to it in hand paid by the City, the receipt and sufficiency whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, Convey and Warrant to the City an easement in perpetuity on, over and across the property situated in Edina, Minnesota and described on Exhibit A attache' Hereto and hereby made a part hereof (the "Easement Area") for sign ar monument purposes, including the right to enter upon the Easement Area for the purpose of constructing, maintaining, altering, repairing, replacing and reconstructing a sign and /or monument. The sign and /or monument above - referenced and to be constructed and maintained on the Easement Area as above provided, shall be in substantially the shape, design and size shown on Exhibit B attached hereto and hereby made a part hereof, and shall be of such color or colors as is determined, from time to time, solely by City. The City, by acceptance of this easement, hereby agrees to maintain the sign and /or monument in good condition and repair. The City shall promptly repair any damage to the Easement Area or other property of Grantor around the Easement Area which is caused by the installation, repair or presence of the sign and /or monument, and which is due to the act or negligence of City, its contractors, employees, agents or representatives. The City shall at all times hold Grantor, and its successors, assigns and tenants, harmless from any damages and reasonable costs which are caused by the installation, repair or presence of the sign and /or monument in the Easement Area and which are due to the act or neglect of City, its contractors, employees, agents or representatives. IN TESTIMONY WHEREOF; Grantor has caused these presents to be executed as of the day and year first above written. T R A N S F E.9.r �,'- NTRiE0 DEPT, Of PPjPE',1-iy ?UbUC Nr E40RDS 6. L 1 E,[PUTY SEMPER HOLDINGS, INC. V STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instr7ZAJ ent was acknow dged before, Me this (9 day of ;/� ,1991, by J a nd Gam ` 'S' the P"5 and L/I respectively, of Se per Holdings, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public Ti LS Document Prepared By%. xnne rtannnn w AR!, FNIE L. ANDERFON Dorsey & Whitney (TSE),; PuBuc hI�NNESOrA 2200 First Bank Place East 17 '-94 Minneapolis, Minnesota 55402 ;' 'r tilt/ ✓ / s ^N`1 nIV x THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. 2 SUBORDINATION The undersigned being the holder of liens on and interest in the Easement Area described in the Sign and Monument Easement to which this Subordination is attached pursuant to the following described documents: Combination Mortgage Deed, Assignment of Rents, Security Agreement and Financing Statement filed October 17, 1990, in the office of the County Recorder, Hennepin County, Minnesota, as Document No. 5712659 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 Sign and Monument Easement to which this Subordination is attached. Dated: February '1991 THE MIDWAY NATIONAL BANK OF ST. PAUL C By Its STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing in%rument was acknowledged before me this day of Fsb4aary, 1991, by - and the -% e.6' and respectively, of The Midway National Bank of St. Paul, a national banking association, on behalf of the association. Y Notary' Public MARY ANN COR09Y lo'. NOTARY PUBLIC - MINNESOTA RAMSEY COUNTY My Comm. Explres June 20, 1996 • VVVVVVVVVVV 'JVVVVVVVVVVVVVVVVIlVVVW ■ AS15- 187.DOC CONSENT THE UNDERSIGNED, WALGREEN CO., an Illinois corporation, as Tenant under that certain Lease dated August 1, 1990, recorded by Memorandum of Lease of even date, on October 17, 1990, as Document Number 5712657 in the Office of County Recorder for Hennepin County, Minnesota, does hereby consent to the foregoing Sign and Monument Easement dated June 20, 1991. IN WITNESS WHEREOF, the undersigned has executed this Consent the )7 day of 1991. WALGREEN CO. By Vice President Attest: A7ss- i 9-UnY-6ecre—t ary STATE OF ILLINOIS ) ) SS. COUNTY OF LAKE ) On this 01 day of �-� 1991, before me appeared Sass to me personally known, who, being by me duly sworn, did say that he is the vice president of WALGREEN CO., and that the seal affixed to said instrument is the corporate seal of said corporation, that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and as such vice president acknowledged said instrument to be the free act and deed of said corporation. My commission expires: Not ublic " OFFICIAL SEAL MARY N. BU?LER NOTARY PUBLIC, STATE Of ILLINOIS MY COMMISSION EXPIRES 1/30/93 �r EXHIBIT A (Easement Area) Sign Easement The North 5 feet of the East 7 feet of the South 42.5 feet of Lot 20, Auditors Sub. No. 7.72, according to the recorded plat thereof, Hennepin County, Minnesota. K 1 EXHIBIT B (Monument Specif icai*ljons ) w• r= .•�.MtIJUM `Zl�d`+ � & -ifIGN no Tueos, w/ :tilVtW -A4j. �N� c•or'N+%v�OFZh �?.al.• SGT I l =3tL rya' L — ,:l3rtrCv. � Sheet No. D7 of Phase Two 50th & France Streetscape Improvements dated 1/16/91 and prepared by BRW, Inc. .AIL ILWNN►.L+TQ=— SIT i �-o i r; • I i I� i � Ile 71 Ill 0 5797707 L31 4-::=0 7i_ f cmb,lfi Y, MANESOT A CER Ty.11, AND oil AL -8 PH 3: 55 5797707 r E S-0 �,uPY FEE