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HomeMy WebLinkAbout2495I x a 12/29/97 ACCESS EASEMENT AGREEMENT This Agreement is made and entered into as of this ASTday of December, 1997, by and between NORMANDALE GOLF, INC., a Minnesota corporation (the "Grantor ") and the CITY OF EDINA, a body corporate and politic under the laws of the State of Minnesota ( "Grantee "). RECITALS: A. Grantor is the fee owner of certain real property located in Hennepin County, Minnesota, legally described on Exhibit A, attached hereto and made a part hereof (the "Burdened Property "); and B. Grantee owns certain adjoining real property located in Hennepin County, Minnesota, legally described on Exhibit B, attached hereto and made a part hereof (the "Benefitted Property "); and C. The parties hereto wish to create an easement for vehicular access purposes over, under and across the Burdened Property for the benefit of the Benefitted Property; AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, and in consideration of one dollar and other valuable consideration paid by Grantee to the Grantor, the receipt of which is hereby acknowledged by the Grantor, it is hereby agreed by and between the parties as follows: 1. The Grantor hereby grants and conveys to Grantee, its successors and assigns, a non - exclusive perpetual easement for vehicular access and driveway purposes only (and not for parking purposes) for use in the maintenance and repair of the golf course located on the Benefitted Property ( "Easement "), over and across the portion of the Burdened Property described on Exhibit C, attached hereto and made a part hereof ( "Easement Area "), for the benefit of the Benefitted Property. Grantor shall have the right to relocate the Easement Area on the Burdened Property if necessary in connection with any material re- configuration of the parking lot over which the Easement lies. The new location of the Easement shall be of the same width and shall provide as direct as reasonably possible an access and driveway easement as possible from West 77th Street to the driveway located on the Benefitted Property. Grantor shall pay all costs and expenses in connection with such relocation, including but not limited to the City's reasonable attorney's fees. Upon reaching agreement on the new location of the Easement, the parties hereto shall amend this Agreement in accordance with paragraph 5 hereof. 2. Grantor shall, at its own cost, construct a curb cut where the Easement Area intersects West 77th Street and where the Easement Area exits the parking lot to the northeast. Grantee shall be solely responsible for the surfacing, repair and maintenance of the Easement Area between the parking lot and the Burdened Property's boundary line in the manner determined in the sole and absolute discretion of Grantee. Grantee shall also construct and maintain a gate, chain and posts, fence or other similar structure at the location where the Easement Area and the boundary line between the Burdened Property and Benefitted Property meet so as to restrict the use of the Easement to the uses and users authorized herein. 3. Grantee, for itself, its successors and assigns, hereby covenants that Grantee's use of the Easement herein granted shall not materially impair or impede Grantor's access to or use of the Burdened Property. 4. The Grantee shall indemnify and hold the Grantor harmless from all claims, demands, damages, costs and expenses, including attorney's fees for the defense thereof, arising out of or in connection with the existence or use of the Easement by Grantee, its successors, assigns, visitors, guests, employees, contractors and invitees and the Grantee shall pay to Grantor, upon demand of Grantor, any such cost damage or expense, including attorney's fees, suffered or incurred by Grantor, with interest at the rate of eight percent (8 %) per annum from the dates incurred until paid. 5. The Easement and covenants set forth in this Agreement shall run with the title to both the Benefitted Property and the Burdened Property as easements or covenants appurtenant to the Benefitted Property without the necessity of specific reference thereto in any instrument of conveyance. 6. This Easement Agreement may at any time and from time to time be amended or terminated, but only upon the filing for record in the office of the Registrar of Titles, Hennepin County, Minnesota, of a written agreement amending or terminating this Agreement, executed in the manner required by law for the recording of a conveyance of real property by the then owners, both legal and equitable, of the Benefitted Property and Burdened Property. 7. The covenants and obligations of this Agreement shall bind and inure to the benefit of the Grantor and Grantee and their respective successors and assigns. -2- IN WITNESS WHEREOF, the undersigned have caused this Easement Agreement to be duly executed as of the day and year first above written. NORMANDALE GOLF, INC. By J1 ' Its STATE OF MINNESOTA) COUNTY OF LEA ) ss. i✓�P�N) The foregoing nstru ent was acknowl dged before me this 3 D day of December, 1997, by �v'z- AmrA ,the E _s of NORMANDALE GOLF, INC., a Minnesota corporation, on behalf of the corporation. • ry Public is A KONNIE K. SMITH NOTARY PUBLIC - MINNESOTA Mr Commbsim Eon Jan. 31, 2000 x tf -3- CITY OF EDINA B Y Its By Its STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrume ways acknowle ged before me th' day of Dece ber, 1997, bye G - rz-�G� and �te pectively, of the CITY OF EDINA, a ody corporate and p itic uns of the State of Minnesota, on behalf of the City. DARLENE R. WALLIN NOTARY PUBLIC. MINNESOTA HENNEPIN COUNTY ',.• My Commission Expires Jan. 31, 299 This instrument drafted by: Dorsey & Whitney LLP (JES) 220 South Sixth Street Minneapolis, Minnesota 55402 -4- Public EXHIBIT A "Burdened Property" Lot 1, Block 1, Edina Corporate Center. -5- EXHIBIT B "Benefitted Property" Outlot A, Edina Corporate Center. BR'M EXHIBIT C "Basement Area" A 12.00 foot easement over and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota, the centerline of said easement is described as commencing at the southeast corner of said Lot 1; thence on an assumed bearing of West, along the south line of said Lot 1 a distance of 22.73 feet to the point of beginning of the centerline to be described: thence North 0 degrees 21 minutes 41 seconds East a distance of 184.46 feet; thence North 24 degrees 39 minutes 00 seconds West a distance of 99.66 feet; thence North 0 degrees 00 minutes 15 seconds East a distance of 193.76 feet; thence North 63 degrees 48 minutes 58 seconds East a distance of 61.49 feet to the northeast line of said Lot 1 and said centerline there terminating. The sidelines of said easement should be lengthened or shortened to terminate at said south line of Lot 1 and said northeast line of Lot 1. -7- 12/29/97 AGREEMENT REGARDING PLATTED UTILITY EASEMENTS THIS AGREEMENT is effective as of the 31s�-day of December, 1997 and is made by and between the City of Edina, a body corporate and politic (the "City ") and Normandale Golf, Inc., a Minnesota corporation ( "NGI "). RECITALS A. The City has caused certain real property located in Hennepin County, Minnesota to be platted as Edina Corporate Center, according to the recorded plat thereof, Hennepin County, Minnesota ( "Property "). B. By dedication on the plat, certain easements for utilities were created along the easterly and westerly boundaries of Lot 1, Block 1, Edina Corporate Center ('NGI Property ") for the benefit of the City ( "Easements "). C. The NGI Property has been conveyed to NGI, subject to the Easements, and the City and NGI wish to set forth herein their respective rights and obligations relative to the Easements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City, its contractors, agents and representatives, shall have the right to enter the NGI Property for the purpose of installing, constructing, maintaining, altering, repairing, reinstalling and reconstructing utilities and equipment and facilities related thereto within the Easements subject only to the condition that all of such utilties, equipment and facilities shall be installed, constructed and maintained underground. 2. In the event it is necessary for the City to excavate or disturb the surface of the Easements or remove, injure or destroy any landscaping, trees, sodding, sprinkler systems, irrigation systems, driveways, walkways, curbs or similar items or improvements in connection with the permitted use or uses of the Easements, the City, without cost or charge to NGI, shall restore, replace or repair the same to the condition as existed immediately prior to such excavation, disturbance, removal, injury or destruction to the extent reasonably possible; provided, however, that trees removed or destroyed in excess of three inches caliper may be replaced by City with trees of at least two inches caliper. 3. NGI, for itself, its successors and assigns, agree that it shall not construct any buildings or other structures which would materially interfere with the use of the Easements. The Easements shall not be deemed to prohibit NGI from installing within the Easements (i) landscaping, irrigation systems, driveways, walkways, signs and curbs (in accordance with all applicable laws and ordinances); and (ii) structures other than those listed at (i) above, provided that such installation is done in accordance with all applicable laws and ordinances and such structures do not materially interfere with the normal use and enjoyment of the Easements by City. NGI also understands and agrees that City has no duty to maintain any such installations made by or for NGI and now or hereafter within the Easements. If NGI, in connection with such installation, shall remove, injure or destroy any of the underground or surface portions of the storm sewer and drainage system then on or under the Easements, NGI, without cost or charge to City, shall restore, replace or repair such system to the condition as existed immediately prior to such removal, injury or destruction to the extent reasonably possible. 4. The provisions hereof shall run with the land and shall be binding on, and inure to the benefit of, Grantor and City, and their respective successors and assigns. IN WITNESS WHEREOF, the party of the first part has caused this instrument to be duly executed the day and year first above written. NORMANDALE GOLF, INC. By Its 4 STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before r4le this day of December, 1997, by 1 , ' the of NORMANDALE GOLF, INC., a corpor ition under the laws of Minnesota, on behalf of the corporation. Ax � Jt 2 ^Y h. TRUEX � NOTAW� ?L IC - MINNESOTA HENNEPIN COUNTY ? , My Comm. Expires Jan. 31, 2000 A�z ' IMAM Notary P is -2- CITY OF EDINA By h Its By Its STATE OF MINNESOTA ss. COUNTY OFZ �- `'�'�` ) The foregoin instrument s acknowledg d before me this day of December, 1997, by e 1--�: Vic. an����°7h�f1o�Ia��the an e1 espectively, of the CITY OF EDINA, Aody corporate and poli ic, on behal of the City. DARLUBL R. WALLIN NOTARY PUBLIC - MINNESOTA &%/ �. HENNEPIN COUNTY i.• My Commission Expires Jan. 31, 2000 Notary Public THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX THIS INSTRUMENT WAS DRAFTED BY: DORSEY & WHITNEY LLP (JES) 220 South Sixth Street Minneapolis, MN 55402 -3- 12/29/97 AGREEMENT THIS AGREEMENT is effective as of the day of December, 1997 by and between the City of Edina, a body corporate and politic under the laws of the State of Minnesota ( "City ") and Normandale Golf, Inc., a Minnesota corporation ( "NGI "). RECITALS A. Pursuant to the terms of the Option and Development Contract dated as of September 24, 1992 ( "Option Agreement "), the City has conveyed to NGI certain real property located in Hennepin County, Minnesota and legally described on Exhibit A, which is attached hereto and made a part hereof ( "NGI Property "). B. The City is the owner of fee title to certain real property adjacent to the NGI Property which is legally described on Exhibit B, which is attached hereto and made a part hereof ( "City Property "). C. The City Property is currently used for a golf course and has various improvements and amenities located thereon which are used in connection with the golf course. D. The NGI Property has a berm and landscaping located thereon which, pursuant to Section 8.10 of the Option Agreement, NGI is not to remove or alter without the City's consent. E. At the time of the conveyance of the NGI Property to NGI, a cart path and fence used for the golf course encroach onto the NGI Property. F. The City will relocate the fence in the spring of 1998 but a portion of the fence and the cart path will continue to encroach upon the NGI Property. G. The City has requested and NGI has agreed to grant the City an easement over the NGI Property within the area shown on Exhibit C, which is attached hereto and made a part hereof ( "Approximate Easement Area ") for the cart path and the fence ( "Easement ") but the easement cannot be created until after the fence is relocated and therefore the parties have agreed to execute this Agreement to evidence their respective obligations with respect to the future creation of this easement. H. The parties have agreed to relocate the berm and landscaping on the NGI Property and wish to amend the Option Agreement accordingly. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The City agrees that within 12 months after the date hereof it shall cause the fence currently encroaching onto the NGI Property to be relocated, at its sole cost and expense, within the Approximate Easement Area. Following such relocation, the City shall cause a legal description to be prepared accurately describing the location of the Easement within the Approximate Easement Area. This legal description along with a proposed draft of an Easement Agreement, which shall include a sketch plan of the location of the Easement by a registered surveyor, shall be submitted to NGI for review and approval. 2. NGI shall review the legal description and proposed Easement Agreement and provide the City with any comments or objections within thirty (30) after the receipt thereof. Thereafter the parties shall diligently and in good faith cooperate to complete, execute and record an Easement Agreement acceptable to both parties. 3. NGI agrees to relocate and reconstruct the berm and landscaping and install new landscaping in accordance with the Landscape Plan dated December 19, 1997 prepared by Opus Architects & Engineers, Inc., which is incorporated herein by reference. The City consents to such relocation and reconstruction. IN WITNESS WHEREOF the undersigned have executed this Agreement effective as of the date and year first written above. CITY OF EDINA Bk( J. 3(---{- Its z s NORMANDALE GOLF, INC. By Its NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The City agrees that within 12 months after the date hereof it shall cause the fence currently encroaching onto the NGI Property to be relocated, at its sole cost and expense, within the Approximate Easement Area. Following such relocation, the City shall cause a legal description to be prepared accurately describing the location of the Easement within the Approximate Easement Area. This legal description along with a proposed draft of an Easement Agreement, which shall include a sketch plan of the location of the Easement by a registered surveyor, shall be submitted to NGI for review and approval. 2. NGI shall review the legal description and proposed Easement Agreement and provide the City with any comments or objections within thirty (30) after the receipt thereof. Thereafter the parties shall diligently and in good faith cooperate to complete, execute and record an Easement Agreement acceptable to both parties. 3. NGI agrees to relocate and reconstruct the berm and landscaping and install new landscaping in accordance with the Landscape Plan dated December 19, 1997 prepared by Opus Architects & Engineers, Inc., which is incorporated herein by reference. The City consents to such relocation and reconstruction. IN WITNESS WHEREOF the undersigned have executed this Agreement effective as of the date and year first written above. CITY OF EDINA By Its By Its EXHIBIT A WGI PROPERTY" Lot 1, Block 1, Edina Corporate Center, Hennepin County, Minnesota. EXHIBIT B "City Property" Outlot A. Edina Corporate Center, Hennepin County, Minnesota. EXHIBIT C "Approximate Easement Area" " LANDSCAPE LAYOUT KIT Yir 7— _nmv 7? It -4. V.P. 14 1 40411; X1!11 A141 All 1t191!( .61 II 1 14 (11. If F, r ver N1. 4 1 COL. AF►I A. Ot 4' a 116 (10 if jjP,7- 4*'-' V 17 A WL_ --.Yq oc M:n. Lbrim Es H4 • d. A /A PRt rAW r r 1A S -f-I a24. A4! ws - — 0 p u s 2t.- WM 7 : ;Q0 opm C.J. =r *.W16" V~AAI SM45 LE AA z P- cr) ft— ft WSA 0-9 co C-3 Cil �A� Ql -14 7!l TMrJA =M.r.tw�1 311-7322 A—m fwtw Ag—A.01. 0 `1 Ci Z3 CD :p cq --.Yq oc M:n. Lbrim Es H4 • d. A /A PRt rAW r r 1A S -f-I a24. A4! ws 0 I - — 0 p u s 2t.- WM 7 : ;Q0 opm C.J. 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