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HomeMy WebLinkAbout2731City of Edina, Minnesota ENGINEERING DEPARTMENT 4801 West 50th Street, Edina, Minnesota 55424 (612) 826 -0371 TO: Jerry's Enterprises, Inc. DATE: 6- Jul -11 5121 Vernon Avenue South Edina, MN 55436 -2104 PROJ.: ATTN: Darcy Winter PROD. NO.: .— ► TRANSMITTAL ITEM(S): NO. COPIES DESCRIPTION 3 Corrected Agreement: 2nd Amendment to Easement and Parking Ramp A reemer PURPOSE: REMARKS: ❑ As you requested ❑ For your information ❑ For your approval If this is not too late, please have execute these copies. Thanks El Review and return ❑ Reply to sender ❑ Other (see remarks) Director of Public Works / City Engineer TELE: 952 - 826 -0443 email: whoule @ci.edina.mn.us SECOND AMENDMENT TO EASEMENT AND PARKING RAMP AGREEMENT THIS SECOND AMENDMENT TO EASEMENT AND PARKING RAMP AGREEMENT (this "Second Amendment ") is made as of , 2011, by and among the CITY OF EDINA, a Minnesota municipal corporation (the "City "), the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota ( "HRA"), and JERRY'S ENTERPRISES, INC., a Minnesota corporation ( "Jerry's "). RECITALS WHEREAS, The City, the HRA and Jerry's entered into that certain Easement and Parking Ramp Agreement dated as of February 1, 1987, recorded in the office of the Hennepin County Recorder on March 19, 1987, as Document Number 5242349 and in the office of the Hennepin County Registrar of Titles on January 29, 1988, as Document Number 1905238 (the "Original Easement "), as amended by that certain First Amendment to Easement and Parking Ramp Agreement dated as of May 28, 1987, recorded in the office of the Hennepin County Recorder on April 26, 1988, as Document Number 5400795 and in the office of the Hennepin County Registrar of Titles on April 22, 1988, as Document Number 1922982 (the "First Amendment "). WHEREAS, The City is the owner of certain real property described on Exhibit A attached to the Original Easement (the "City Property "). WHEREAS, Jerry's is the owner of certain real property described on Exhibit B attached to the Original Easement ( "Jerry's Property "). G:\ Engineering \Infrastructure \HRA's \Ramps \Grandview Ramp\ Agreement \DOCS - #3460073 -v3 -CLEAN Second_ Amendment _to_Parking_Ramp_Agreement Revised.doc WHEREAS, The Original Easement and the First Amendment are collectively referred to as the "Easement" in this Second Amendment. Terms used in this Second Amendment shall have the meanings ascribed in the Easement. WHEREAS, The Original Easement recognized the Contract for Private Redevelopment entered into between Jerry's and the HRA in which the HRA agreed to use its best efforts to cause the City to construct on the City Property certain improvements comprising a two -level parking facility with ingress and egress ramps and spaces for approximately 272 cars and a covered city maintenance building /garage and other public improvements determined by the City or the HRA to be necessary or desirable; WHEREAS, The City has been exclusively using the lowest level of the parking ramp facility (beneath the two parking levels) since the parking ramp facility was constructed; WHEREAS, The parties desire to further amend the Original Easement to more clearly provide for the City's exclusive interest in the lowest level of the parking ramp facility; NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Amendment of Paragraph 2E(1). Paragraph 2E(1) is hereby amended in its entirety to read as follows: (1) Jerry's and the City each hereby grants, bargains, quitclaims and conveys to one another perpetual non - exclusive driveway, parking and pedestrian use easements over and across those portions of Jerry's Property, Tract 1 and the City Property which are now or hereafter improved, or reasonably determined by the owner of the property concerned to be necessary to be improved, with driveways, sidewalks or parking spaces for access by vehicles and pedestrians to and from public streets and driveways and the parking ramp which is part of the HRA Public Improvements and for parking. With respect to the city parking ramp facility, the easement provided under this section (1) shall apply only to the upper two (2) levels of the parking ramp facility and shall not include the lowest level of the parking ramp Facility. The City specifically reserves the right to exclusive use of the lowest level of the parking ramp facility. 2. Confirmation. Except as specifically set forth in this Second Amendment, the Easement is hereby confirmed and ratified. 2 G:\ Engineering \Infrastructure \HRA's \Ramps \Grandview Ramp \Agreement \DOCS - #3460073 -v3 -CLEAN Second_Amendment to_Parking_Romp_Agreement Revised.doc IN AGREEMENT, the parties have executed this Second Amendment to Easement and Parking Ramp Agreement as of the date and yeAr first above written. CITY OF EDI LIM HOUSING AND RE AUTHORITY OFAEk Its Chairman LOPMENT MINNESOTA An y And by s City Ma a r Its Secretary JERRY'S ENTERPRISES, INC. Its President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Second Amendment to Eas ent nd Parking Ramp Agreement was acknowledged before me this -4` day of , 2011, by James Hovland, the Mayor, and by Scott Neal, the City Ma ager, f the City of Edina, a Minnesota municipal corporation, on behalf pf the munigipl porporation. STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) DEBRA MANGEN NOTARY PUBLIC- MINNESOTA My Commission Expires Jan. 31, 2015 The foregoing Second Amend ent to Easement a I Parking Ramp Agreement w s ackn I ged bef re me this day ofJ , 2011, by the Chairman, and by utae Secretary, of the Housing and Redevelopment Authority of Edina, Minnesota, a Minnesota body politic and corporation, on behalf of the Authority. k DEBRA MANGEN a NOTARY PUBLIC- MINNESOTA 000 My Commission Expires Jan. 31, 2015 Notary Pub l i c 3 G:\ Engineering \Infrastructure \HRA's \Ramps \Grandview Ramp \Agreement \DOCS - #3460073 -v3 -CLEAN Second_ Amendment _to_Parking_Ramp_Agreement Revised.doc STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Second Amendment to Easement and Parking Ramp Agreement was acknowledged before me this day of , 2011, by , the President of Jerry's Enterprises, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651 - 452 -5000 AMP /cjh 4 G: \Engineering\ Infrastructure \HRA's \Ramps \Grandview Ramp\ Agreement \DOCS - #3460073 -v3 -CLEAN Second_ Amendment _tc_Parking_Ramp_Agreement Revised.doc CONSENT BY MORTGAGEE Allstate Life Insurance Company, an Illinois insurance corporation, as the Mortgagee of a portion of the Jerry's Property, as described in the foregoing Second Amendment to Easement and Parking Ramp Agreement, pursuant to that certain Mortgage dated May 16, 1995 and recorded May 17, 1995 in the office of the Hennepin County Recorder, as Document No. 6428384 and in the office of the Hennepin County Registrar of Titles, as Document No. 2608876 hereby consents to the terms and conditions of the forgoing Second Amendment to Easement and Parking Ramp Agreement. ALLSTATE LIFE INSURANCE COMPANY By Its And Its STATE OF ILLINOIS ) ) ss. COUNTY OF 1 The foregoing Consent by Mortgagee was acknowledged before me this day of , 2011, by and and , respectively the of Allstate Life Insurance Company, an Illinois insurance corporation, on behalf of the insurance corporation. Notary Public 5 G:\ Engineering \Infrastructure \HRA's \Ramps \Grandview Ramp \Agreement \DOCS - #3460073 -v3 -CLEAN Second_ Amendment _tc_Parking_Ramp_Agreement Revised.doc Doc No.A71595 Certified f li ed and /or recorded on 7/11/11 11:49 AM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 26 Pkg ID 722207 Doc Name: Amendment Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. N cy RETURN M. bb* `d `7 First American We IneuraxM CO, WS 1900 Midwest Plan 801 Nicollet Mal Minneapolis, MN 55402 SECOND AMENDMENT TO EASEMENT AND PARKING RAMP AGREEMENT THIS SECOND AMENDMENT TO EASEMENT AND PARKING RAMP AGREEMENT (this "Second Amendment ") is made as of jul�j 1 , 2011, by and among the CITY OF EDINA, a Minnesota municipal corporation (the City "), the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota ( "HRA "), and JERRY'S ENTERPRISES, INC., a Minnesota corporation ( "Jerry's "). RECITALS WHEREAS, The City, the HRA and Jerry's entered into that certain Easement and Parking Ramp Agreement dated as of February 1, 1987, recorded in the ffice of the Hennepin County Recorder on March 19, 1987, as Document Numb r 524234- >and in the office of the Hennepin County Registrar of Titles on January 29, 198 as Document Number 1905238 (the "Original Easement "), as amended by that certain First Amendment to Easement and Parking Ramp Agreement dated as of May 28, 1987, recorded in the office of the Hennepin Country Recorder on April 26, 1988, as Document Number 5400795 and in the office of the Hennepin County Registrar of Titles on April 22, 1988, as Document Number 1922982 (the "First Amendment "). WHEREAS, The City is the owner of certain real property described on Exhibit A attached to the Original Easement (the "City Property "). WHEREAS, Jerry's is the owner of certain real property described on Exhibit B attached to the Original Easement ( "Jerry's Property "). NCS- .13K—q,- MPL[U, G: \Engineering \Infrastructure \HRA's \Ramps \Grandview Ramp \Agreement \DOGS - #3460073v3 -CLEAN Second_Amendment to PaMng_Ramp- Agreement.doc y WHEREAS, The Original Easement and the First Amendment are collectively referred to as the "Easement" in this Second Amendment. Terms used in this Second Amendment shall have the meanings ascribed in the Easement. WHEREAS, The Original Easement recognized the Contract for Private Redevelopment entered into between Jerry's and the HRA in which the HRA agreed to use its best efforts to cause the City to construct on the City Property certain improvements comprising a two -level parking facility with ingress and egress ramps and spaces for approximately 272 cars and a covered city maintenance building /garage and other public improvements determined by the City or the HRA to be necessary or desirable; WHEREAS, The City has been exclusively using the lowest level of the parking ramp facility (beneath the two parking levels) since the parking ramp facility was constructed; WHEREAS, The parties desire to further amend the Original Easement to more clearly provide for the City's exclusive interest in the lowest level of the parking ramp facility; NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Amendment of Paragraph 2E(1). Paragraph 2E(1) is hereby amended in its entirety to read as follows: (1) Jerry's and the City each hereby grants, bargains, quitclaims and conveys to one another perpetual non - exclusive driveway, parking and pedestrian use easements over and across those portions of Jerry's Property, Tract 1 and the City Property which are now or hereafter improved, or reasonably determined by the owner of the property concerned to be necessary to be improved, with driveways, sidewalks or parking spaces for access by vehicles and pedestrians to and from public streets and driveways and the parking ramp which is part of the HRA Public Improvements and for parking. With respect to the city parking ramp facility, the easement provided under this section (1) shall apply only to the upper two (2) levels of the parking ramp facility and shall not include the lowest level of the parking ramp Facility. The City specifically reserves the right to exclusively use of the lowest level of the parking ramp facility. 2. Confirmation. Except as specifically set forth in this Second Amendment, the Easement is hereby confirmed and ratified. 2 G:\ Engineering \infrastructure \HRH's \Ramps \Grandview Ramp \Agreement \DOGS- #3460073v3 -CLEAN Second - Amendment tc Parking -Ramp Agreement.doc ., IN AGREEMENT, the parties have executed this Second Amendment to Easement and Packing Ramp Agreement as of the date and year first above written. CITY OF EDIN HOUSING AND E VELOPMENT AUTHORITY O D , MINNESOTA B Its Mayor s hairman And by And by/2w� ilelnw Its ity an ge I Secretary JERRY'S ENTERPRISES, INC. By Its P e ide `8' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Second Amendrqjnt to Easement and Parking Ramp Agreement was acknowledged before me this y of �tt'u a , 2011, by James Hoveland, the Mayor, and by Scott Neal, the City Manager, of the City of Edina, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA h DEBRA MAN* EN ) ss. *- WTAW MW.WMSOTA COUNTY OF HENNEPIN) tiy�,,,�, ,„ 1,,, a +.2a1s The foregoing Second Amendment to Easement and Parking Ramp Agreement was acknowledged before me this =Wday of , 2011, by the Chairman, and by , the Secretary, of the H using and Redevelopment Authority of Edina, Minnesota, a Minnesota body politic and corporation, on behalf of the Authority. DEBRA MANGEN _ NarAarPUeuc.lESarA Notary Publi My Cam"m Em ns Jae. 91, 2015 4 G:\ Engineering \Inf=tructure \HRA's \Ramps \Grandview Ramp \Agreement \D CS- #3460073- v3-CLEAN Second _Amendment_to_Parking_Ramp Agreement.doc MW STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Second Amenqrpent to Easement nd Parking Ramp Agreement was acknowledged before me this LV- day of , 2011, by &*6- A) �S1NAAg ttbe President of Jerry's Enterprises, Inc., a Minnesota corporation, on behalf of the corporation. Qc►,..�- a.*. — V� Notary Public QSAPAH ANNE HART NOTARY PUBLIC= MINNESOTA W Cortxnis�on Fxpi wjan. at, 2013 THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651 -452 -5000 AMP /cjh 4 G: \Engineering \Infrastructure \HRA's \Ramps \Grandview Ramp\ Agreement \DOCS - #3460073 -v3 -CLEAN Second_ Amendment _to_Parking_Romp- 4greement.doc !I CONSENT BY MORTGAGEE Allstate Life Insurance Company, an Illinois insurance corporation, as the Mortgagee of a portion of the Jerry's Property, as described in the foregoing Second Amendment to Easement and Parking Ramp Agreement, pursuant to that certain Mortgage dated May 16, 1995 and recorded May 17, 1995 in the office of the Hennepin County Recorder, as Document No. 6428384 and in the office of the Hennepin County Registrar of Titles, as Document No. 2608876 hereby consents to the terms and conditions of the forgoing Second Amendment to Easement and Parking Ramp Agreement. ALLSTATE LIFE INSURANCE COMPANY By � f-" • 5 STATE OF ILLINOIS ) ) ss. COUNTY OF The foregoing Consent by Mortgagee was acknowledged before me this v2 day 2011, by and �u , respectively the I S; and S of Allstate Life Insurance Company, an Illino sins ance corporation, on behalf of tfie insurance corporation. OFFICIAL SEAL MARK A. OUZAUSI(AS Notary public State of MY Commission Expires qU IlNrroiS 9 31, 2011 Notary Public 156730v2 Error! Unknown document property name.