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HomeMy WebLinkAbout255811 14 i RaNS1 =ER ENTER' w� �E.ar ^Ol,1N7v TAXPAYER SERVICED OCT 1 8 2002 rt P Cwu DEPUTY 1` CITY OF EDINA EASEMENT AGREEMENT Parcel No.: 04 Project: W- 77TH -ST -02 T THIS INSTRUMENT, made this day of OA"t- , 20 e?L, by and between Opus Real Estate Minnesota I, L.L.C.,( "Opus ") a limited liability company under the laws of the State of Minnesota, Grantor, and the City of Edina, a municipal corporation under the laws of the State of Minnesota, Grantee. WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: Public Road Right of Way Easement for 4700 W. 77th Street as follows: An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota described as lying southerly of a line drawn easterly from a point on the south line of said Lot 1 distant 18.00 feet northwesterly of the angle point in said south line of Lot 1 to a point on said south line of Lot 1 distant 19.00 feet easterly of said angle point in the south line of Lot 1, according to the recorded plat thereof, Hennepin County, Minnesota; For the purpose of constructing, repairing, maintaining, and reconstructing, the roadway improvements being constructed on such portion of said Lot 1 as a part of the 2002 reconstruction of West 77`h Street (the "Project "). and also a Signal Easement for 4700 W. 77th Street as follows: An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota described as commencing at the southwest corner of said Lot 1; thence on an assumed bearing of South 65 degrees 58 minutes 22 seconds East, along the south line of said Lot 1, a distance of 80.87 feet to the point of beginning of the easement to be described; thence continuing South 65 degrees 58 minutes 22 seconds East along said south line of Lot 1 a distance of 31.00 feet to a point hereinafter referred to as Point "A "; thence North 18 degrees 41 minutes 35 seconds East a distance of 20.62 feet; thence South 78 degrees 48 minutes 16 seconds West a distance of 35.60 feet to the point of beginning. Together with an easement over, under and across said Lot 1 described as commencing at the above described Point "A "; thence South 65 degrees 58 minutes 22 seconds East, along said south line of Lot 1, a distance of 34.27 feet to the point of beginning of the easement to be described; thence continuing South 65 degrees 58 minutes 22 seconds East along said south line of Lot 1 a distance of 13.58 feet to an angle point in said south line < m rn f r �Ca ....I mom CITY OF EDINA EASEMENT AGREEMENT Parcel No.: 04 Project: W- 77TH -ST -02 T THIS INSTRUMENT, made this day of OA"t- , 20 e?L, by and between Opus Real Estate Minnesota I, L.L.C.,( "Opus ") a limited liability company under the laws of the State of Minnesota, Grantor, and the City of Edina, a municipal corporation under the laws of the State of Minnesota, Grantee. WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: Public Road Right of Way Easement for 4700 W. 77th Street as follows: An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota described as lying southerly of a line drawn easterly from a point on the south line of said Lot 1 distant 18.00 feet northwesterly of the angle point in said south line of Lot 1 to a point on said south line of Lot 1 distant 19.00 feet easterly of said angle point in the south line of Lot 1, according to the recorded plat thereof, Hennepin County, Minnesota; For the purpose of constructing, repairing, maintaining, and reconstructing, the roadway improvements being constructed on such portion of said Lot 1 as a part of the 2002 reconstruction of West 77`h Street (the "Project "). and also a Signal Easement for 4700 W. 77th Street as follows: An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota described as commencing at the southwest corner of said Lot 1; thence on an assumed bearing of South 65 degrees 58 minutes 22 seconds East, along the south line of said Lot 1, a distance of 80.87 feet to the point of beginning of the easement to be described; thence continuing South 65 degrees 58 minutes 22 seconds East along said south line of Lot 1 a distance of 31.00 feet to a point hereinafter referred to as Point "A "; thence North 18 degrees 41 minutes 35 seconds East a distance of 20.62 feet; thence South 78 degrees 48 minutes 16 seconds West a distance of 35.60 feet to the point of beginning. Together with an easement over, under and across said Lot 1 described as commencing at the above described Point "A "; thence South 65 degrees 58 minutes 22 seconds East, along said south line of Lot 1, a distance of 34.27 feet to the point of beginning of the easement to be described; thence continuing South 65 degrees 58 minutes 22 seconds East along said south line of Lot 1 a distance of 13.58 feet to an angle point in said south line of Lot 1; thence North 89 degrees 22 minutes 23 seconds East, along said south line of Lot 1, a distance of 60.00 feet; thence North 66 degrees 44 minutes 21 seconds West a distance of 72.84 feet; thence South 12 degrees 54 minutes 44 seconds West a distance of 24.51 feet to the point of beginning according to the recorded plat thereof, Hennepin County, Minnesota; For the purpose of constructing, repairing, maintaining, and reconstructing the traffic signal improvements being constructed on such portion of said Lot 1 as part of the Project. and also an Utility Easement for 4700 W. 77th Street as follows: An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, lying 2.00 feet southerly and adjoining with a line described as commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 0 degrees 16 minutes 57 seconds West along the east line of said Lot 1 a distance of 2.00 feet; thence South 89 degrees 22 minutes 23 seconds West, parallel with the south line of said Lot 1, a distance of 402.62 feet; thence westerly a distance of 67.50 feet, along a tangential curve concave to the north having a radius of 264.00 feet and a central angle of 14 degrees 38 minutes 56 seconds; thence North 71 degrees 06 minutes 58 seconds West, not tangent to said curve, a distance of 33.63 feet; thence North 65 degrees 58 minutes 22 seconds West parallel with the southwest line of said Lot 1 a distance of 111.79 feet to the westerly line of said Lot 1 and said line there terminating, according to the recorded plat thereof, Hennepin County, Minnesota. For the purpose of constructing, repairing, maintaining, and reconstructing the public utility improvements being constructed on such portion of said Lot 1 as part of the Project. Subject to the additional terms and conditions outlined in Grantee's letter dated May 28, 2002, a copy of which is attached hereto as Exhibit A, it is the intention and agreement of the parties hereto that the Grantee shall, in the construction or maintenance of said improvements, replace any sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. Grantee agrees to and shall indemnify, defend, and hold harmless Grantor and its agents, officers, employees, and partners from and against any action, claim, damage, liability, loss, cost, or expense (including, without limitation, attorneys' fees and costs) resulting from: (a) any liens that may be attached to the Grantor Property for labor or materials provided by or at the request of Grantee; (b) injury to or death of persons resulting from or in connection with, Grantee's entry onto the Easement Areas; (c) property damage resulting from or in connection with Grantee's entry onto the Easement Areas; or (d) any claim, damage, action, loss, or destruction whatsoever caused by Grantee's agents or contractors in connection with the Grantee's entry onto the Easement Areas, pursuant to this Easement Agreement. This Easement Agreement shall be construed and governed by the laws of State of Minnesota. IN WITNESS WHEREOF, the grantor his caused this instrument to be duly executed the day and year first above writterf. end grantee have GRANTO . CgANTEE; Opus Re 1 E t inn ota I, L.L.C. City of Edina v By �.�C By Its A Its STATE OF MINNESOTA County of H q) nW Ln The foregoing instrument was acknowledged before me this 11 -j4N day of 20 0 , , by Lau the �C� � I C- �2;�.and -- of Opus Real Estate Minnesota 1, L.L.C., a(a) limited liability company under the laws of the State of Minnesota, on behalf of the limited liability company. VALERIE K. HIMLE Notary Public NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2006 r r STATE OF SOTA County of Date commission expires: I ��- (9(0 e foregoing instrument was acknowledged before me this j'6A/1V1 s F �'X7 7Z 1ZD & 114 day of '2002, by the /' /�r� and of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. ` NOTAI'llY PU13L my i."mmisS Gn EXpIiBS ?!1. 3i, 2C45 THIS INSTRUMENT WAS DRAFTED BY: Evergreen Land Services 6110 Blue Circle Drive, Suite 140 Minnetonka, WKI 55343 952- 930 -3100 (RETURN INSTRUMENT TO DRAFTEE) `5 '' Notary Public Date commission expires: / A/ May 28, 2002 EXHIBIT : Mr. Larry Martin LARKIN, HOFFMAN, DALY & LINDREN, Ltd. 1600 Well Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431 -1194 RE: Opus Real Estate Minnesota I, LLC; LHDL File #27,298 -00 West 77th Street Easement Acquisition City of Edina Improvement No. BA318 Dear Mr. Martin: Per the conversation on May 17, between Jim Montalbano, you and I regarding issues reiating to the acquisition of easements at 4700 West 77th Street the following is agreed upon: 1. This roadway improvement project will bring the existing monument sign into legal non - conforming status. However, per City code non - conforming permanent signs shall be allowed to continue in use, but will need to be brought into compliance if they are ever rebuilt. Construction permits for the building structure will not trigger the sign to be brought into compliance. Further, the transfer of property to a new owner will not trigger a requirement that the sign be brought into compliance. 2. Any landscaping including decorative landscaping plantings that are disturbed on account of this roadway project shall be replaced with landscaping approved by Opus. An Opus approved irrigation contractor shall repair any irrigation system disturbed by this roadway project. The City shall reimburse Opus for any replacements and repairs made pursuant to this paragraph. 3. The easements proposed shall be limited in scope to the improvements that will be installed by this project. The easement documents will be drafted to allow for construction,. repair, maintenance and reconstruction of said improvements. Any bus stops that are placed outside of the roadway right- of-way and would encroach. on Opus's property shall be subject to future agreement and approval by Opus. 4. The easement documents shall include a hold harmless language that will meet the approval of both Opus and the City. City Hall (952) 927 -8361 4801 WEST 50TH STREET FAX (952) 826 -0390 EDINA, MINNESOTA 5544 -1394 TDD (952) 826 -0379 Page 2 Opus Real Estate Minnesota I, LLC; LHDL File #27,298 -00 West 77v' Street Easement Acquisition City of Edina improvement No. BA318 May 28, 2002 5. The assessment against the property is proposed at $45 per lineal front foot. I do not see this changing at this time. 6. The acceptance of the City's proposal and conditions stated herein are subject to the review and approval of Opus's lender. If you have any questions or need additional information please contact me at 952- 826 -0443 or at whouleCaD-ci.edina.mn.us. Sincerely, Wayne D. Houle, PE Director of Public Works / City Engineer C: Burl Grigsby - Evergreen Land Services I TRANSFER ENTSROD HENNEPIN COUNT`! TAXPAYER SERVICE'S' BY i 0 } CD W Cal Cn v) D -� (D X77 CITY OF EDINA EASEMENT AGREEMENT 36184-it-6 O �U a. Lr, Parcel No.: 04 Project: W- 77TH -ST -02 �yri THIS INSTRUMENT, made this — — day of /_ %inn- , 20,aL,, by and between Opus Real Estate Minnesota I, L.L.C.,( "Opus ") a limited liability company under the laws of the State of Minnesota, Grantor, and the City of Edina, a municipal corporation under the laws of the, State of Minnesota, Grantee. WITNESSETH, that the Grantor, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said Grantee an Easement in perpetuity for public purposes hereinafter set forth, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: Public Road Right of Way Easement for 4700 W. 77th Street as follows: An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota described as lying southerly of a line drawn easterly from a point on the south line of said Lot 1 distant 18.00 feet northwesterly of the angle point in said south line of Lot 1 to a point on said south line of Lot 1 distant 19.00 feet easterly of said angle point in the south line of Lot 1, according to the recorded plat thereof, Hennepin County, Minnesota; For the purpose of constructing, repairing, maintaining, and reconstructing the roadway improvements being constructed on such portion of said Lot 1 as a part of the 2002 reconstruction of West 77`h Street (the "Project "). and also a Signal Easement for 4700 W. 77th Street as follows: An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota described as commencing at the southwest corner of said Lot 1; thence on an assumed bearing of South 65 degrees 58 minutes 22 seconds East, along the south line of said Lot 1, a distance of 80.87 feet to the point of beginning of the easement to be described; thence continuing South 65 degrees 58 minutes 22 seconds East along said south line of Lot 1 a distance of 31.00 feet to a point hereinafter referred to as Point "A "; thence North 18 degrees 41 minutes 35 seconds East a distance of 20.62 feet; thence South 78 degrees 48 minutes 16 seconds West a distance of 35.60 feet to the point of beginning. Together with an easement over, under and across said Lot 1 described as commencing at the above described Point "A "; thence South 65 degrees 58 minutes 22 seconds East, along said south line of Lot 1, a distance of 34.27 feet to the point of beginning of the easement to be described; thence continuing South 65 degrees 58 minutes 22 seconds East along said south line of Lot 1 a distance of 13.58 feet to an angle point in said south line of Lot 1; thence North 89 degrees 22 minutes 23 seconds East, along said south line of Lot 1, a distance of 60.00 fee%; thence North 66 degrees 44 minutes 21 seconds West a distance of 72.84 feet; thence South 12 degrees 54 minutes 44 seconds West a distance of 24.51 feet to the point of beginning according to the recorded plat thereof, Hennepin County, Minnesota; For the purpose of constructing, repairing, maintaining, and reconstructing the traffic signal improvements being constructed on such portion of said Lot 1 as part of the Project. and also an Utility Easement for 4700 W. 77th Street as follows: An easement over, under and across that part of Lot 1, Block 1, EDINA CORPORATE CENTER, according to the recorded plat thereof, Hennepin County, lying 2.00 feet southerly and adjoining with a line described as commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 0 degrees 16 minutes 57 seconds West along the east line of said Lot 1 a distance of 2.00 feet; thence South 89 degrees 22 minutes 23 seconds West, parallel with the south line of said Lot 1, a distance of 402.62 feet; thence westerly a distance of 67.50 feet, along a tangential curve concave to the north having a radius of 264.00 feet and a central angle of 14 degrees 38 minutes 56 seconds; thence North 71 degrees 06 minutes 58 seconds West, not tangent to said curve, a distance of 33.63 feet; thence North 65 degrees 58 minutes 22 seconds West parallel with the southwest line of said Lot 1 a distance of 111.79 feet to the westerly line of said Lot 1 and said line there terminating, according to the recorded plat thereof, Hennepin County, Minnesota. For the purpose of constructing, repairing, maintaining, and reconstructing the public utility improvements being constructed on such portion of said Lot 1 as part of the Project. Subject to the additional terms and conditions outlined in Grantee's letter dated May 28, 2002, a copy of which is attached hereto as Exhibit A, it is the intention and agreement of the parties hereto that the Grantee shall, in the construction or maintenance of said improvements, replace any sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. Grantee agrees to and shall indemnify, defend, and hold harmless Grantor and its agents, officers, employees, and partners from and against any action, claim, damage, liability, loss, cost, or expense (including, without limitation, attorneys' fees and costs) resulting from: (a) any liens that may be attached to the Grantor Property for labor or materials provided by or at the request of Grantee; (b) injury to or death of persons resulting from or in connection with, Grantee's entry onto the Easement Areas; (c) property damage resulting from or in connection with Grantee's entry onto the Easement Areas; or (d) any claim, damage, action, loss, or destruction whatsoever caused by Grantee's agents or contractors in connection with the Grantee's entry onto the Easement Areas, pursuant to this Easement Agreement. This Easement Agreement shall be construed and governed by the laws of State of Minnesota. X IN WITNESS WHEREOF, the grantors caused this instrument to be duly executed the day and year first above written. "and grantee have GRANTOR: Opus R nn e Mi ota I, L.L.C. � L By Its City of Edina Its r 1 STATE OF MINNESOTA County of Hm nf4 i n The foregoing ins't ument was. acknowledged before cue this 11-44- day of 5CQLCM e - , 2009---,by e Lcw & the CL and "— of Opus Real Estate Minnesota 1, L.L_C., a(n) limited liability company under the laws of the State of Minnesota, on behalf of the limited liability company.. VALERIE K. HIMLE Notary Public NOTARY PUBLIC- MINNESOTA JJ_ My Commission Expires Jan. 31, 2006 Date commission expires= W • STATE OF SOTA county-of e for oi6 ent was acknowledged before me this �_ day of 002, by Z�J�D & — the ���.�, and of the City of Edina, a municipal corporation under the laws of the State of Nlinnesota, on behalf of the municipal corporation. [ 3 E HF: � 'A' n a t Ii?a f` NOTARYr?�;r3L!C 3 -.dCi� Any Commission Exri n s1, 2GC5 5_ w :1 Date commission expires= TBIS IL STRUA ENT WAS DRAFTED BY: Evergreen Laud Services 6110 Blue Curie Drive, Suite 140 lvfhmetouka, hLN55343 952- 930 -3100. (RETURN VISM MENT TO DRAFTEE) �(O F otary Public May 28, 2002 EXHIBIT :K' Mr. Larry Martin LARKIN, HOFFMAN, DALY & LINDREN, Ltd. 1600 Well Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431 -1194 RE: Opus Real Estate Minnesota I, LLC; LHDL File #27,298 -00 West 77u' Street Easement Acquisition City of Edina Improvement No. BA318 Dear Mr. Martin_ Per the conversation on May 17, between Jim Montalbano, you and I regarding issues reiating to the acquisition of easements at 4700 West 77th Street the following is agreed upon_ 1. This roadway improvement project will bring the existing monument sign into legal non - conforming status. However, per City code non - conforming permanent signs shall be allowed to continue in use, but will need to be brought into compliance if they are ever rebuilt. Construction permits for the building structure will not trigger the sign to be brought into compliance. Further, the transfer of property to a new owner will not trigger a requirement that the sign be brought into compliance. 2. Any landscaping including decorative landscaping plantings that are disturbed on account of this roadway project shall be replaced with landscaping approved by Opus. An Opus approved irrigation contractor shall repair any irrigation system disturbed by this roadway project. The City shall reimburse Opus for any replacements and repairs made pursuant to this paragraph. 3. The easements proposed shall be limited in scope to the improvements that will be installed by this project. The easement documents will be drafted to allow for construction, repair, maintenance and reconstruction of said improvements. Any bus stops that are placed outside of the roadway fight- of-way and would encroach on Opus's property shall be subject to future agreement and approval by Opus. 4. The easement documents shall include a hold harmless language that will meet the approval of both Opus and the City. City Hail (952) 927 -8861 4801 WEST 50TH STREET FAX (952) 826 -0390 EDINA, MINNESOTA 55424 -1394 TDD (952) 826 -0379 Page 2 Opus Real Estate Minnesota I, LLC; LHDL File #27,298 -00 Quest 770' Street Easement Acquisition City of Edina Improvement No. BA318 May 28, 2002 5. The assessment against the property is proposed at $45 per lineal front foot. I do not see this changing at this time. 6. The acceptance of the City's proposal 'and conditions stated herein are subject to the review and approval of Opus's lender. If you have any questions or need additional information please contact me at 952- 826 -0443 or at whouleCcD-ci.edina.mn.us. Sincerely, Wayne D. Houle, PE Director of Public Works / City Engineer C: Burl Grigsby — Evergreen Land Services