91-063 - 05-28 Accept Easements Medicine Lake Road Street Widening ProjectResolution 91-63
May 28, 1991
. Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING EASEMENTS FOR
CONSTRUCTION AND MAINTENANCE OF
PUBLIC IMPROVEMENT
(MEDICINE LAKE ROAD STREET WIDENING PROJECT)
WHEREAS, the City of Golden Valley is involved as condemnor in that certain
condemnation action entitled The City of New Hope, et al, vs. Medicine Lake
Associates Limited Partnership, et al, Court File No. CD - 2154, and
WHEREAS, the object of said condemnation action is to obtain certain ease-
ments for the construction and maintenance of a public improvement, namely the
Medicine Lake Road Project, and
WHEREAS, condemnation counsel has reached agreements with and obtained
easements from various parties, and
WHEREAS, said easements contain obligations on the part of the City and
require acceptance by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley as follows:
1. That the following easements for construction and maintenance of public
improvement relating to the Medicine Lake Road Project have been obtained from
the following parties, copies of which easements are attached as Exhibit A.
That said easements involve certain covenants and agreements on the part of the
City. That acceptance of said easements is necesary for the successful
construction and maintenance of the Medicine Lake Road roadway and adjacent
improvements, including sidewalks.
Tract # Property Owner
54 The Egan Companies
55 William Gross
56 Dover Hill Company
59 Irving Brooks and Leonard Brooks as Trustees of the
H. Brooks and Company Profit Sharing and Trust
72 Anthony J. and Jean A. Ouellette
(No tract
number) Soo Line Railroad
Resolution 91-63 - Continued
May 28, 1991
2. It is hereby found and determined that this Council accepts said ease-
ments from the above listed parties.
ATTEST:
Shirley J6kpelon, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
Thompson and upon a vote being taken thereon, the following voted in favor
thereof: Bakken, Johnson, Russell, Stockman and Thompson, and the following
voted against the same: none; whereupon said resolution was declared duly passed
and adopted, signed by the Mayor and her signature attested by the City Clerk.
0
•
• PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PUBLIC IMPROVEMENT
0
THIS INDENTURE, executed on the ��j +-, day of tV\Ar C t 1
1990, to take effect as of MAY 15, 1990 between THE EGAN
COMPANIES, a Minnesota corporation, (herein "First Party"),
and the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation
(herein "City").
WHEREAS, First Party is the fee owner of the following
described property (herein "Property" or "Tract 54"):
Lot 19, Block 1, Advertising -Creative Center, Hennepin
County, Minnesota.
WHEREAS, the City is desirous of obtaining a temporary
construction easement and a permanent street and utility easement
over, under and across said Property,
WITNESSETH; That the First Party in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration
to it in hand paid by the City, the receipt whereof is hereby
acknowledged, does hereby grant, bargain and convey unto the said
City, its successors and assigns, forever, a permanent easement
including the full and free right and authority to enter upon the
easement tract hereinbelow described and to maintain a street
and public utilities to be constructed therein. The permanent
easement herein described shall continue forever as a permanent
easement over, under and across said tract and the City shall have
the right to make such use as is reasonably necessary and
advisable in the construction, maintenance and operation of a
street and public utilities over, under and across the tract of
land hereinbelow described.
The permanent easement herein granted is situated over,
under and across a tract of land in the County of Hennepin, State
of Minnesota, described as follows, to -wit:
a permanent easement for street and utility purposes
over, under and across that part of TRACT 54 described
above lying northwesterly of a line drawn from a point
on the west line of said TRACT 54 distant 25.00 feet
south from the northwest corner thereof to a point on
the north line of said TRACT 54 distant 25.00 feet east
of the northwest corner thereof.
1
WITNESSETH; Further that the First Party in consideration of
• the sum of One Dollar ($1.00) and other good and valuable
consideration to it in hand paid by the City, the receipt whereof
is hereby acknowledged, does hereby grant, bargain and convey
unto the said City, its successors and assigns, a temporary
construction easement; including full and free right and
authority to enter upon the property hereinafter described, for
the purpose of construction of a street and public utilities
(herein "Improvement"), it being the intention of the parties
hereto that the aforesaid temporary construction easement shall
terminate at midnight on November 15, 1990.
C,
By acceptance of this temporary construction easement, the
City hereby covenants and agrees to restore the surface of the
ground and all structures to the same condition as existed
thereon prior to the construction of said Improvement. The
temporary construction easement described above is located over a
tract of land situated in the County of Hennepin and State of
Minnesota, described as follows, to -wit:
a temporary construction easement over, under and
across the north 5.00 feet of that part of said TRACT
54 lying east of the above described permanent street
and utility easement.
THE
By
By
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this 27th day of
March , 1990, by Gerald L. Egan and
Edward J. Kocourek , President and vice President ,
respectively, of The Egan Companies, a Minnesota corporation,
on behalf of said corporation.
���... SHIRLEY M. STEM
NOTARY PUBLIC — MINNESC
HENNEPIN CCUN , '
' My Commission Bxoires S^pt 28
• Md F�x*tr1ANY.t�Y°
Notary Public -
K
r�
u
This Document was Drafted by:
CORRICK & SONDRALL, a Partnership
of Professional Corporations
3811 West Broadway
Robbinsdale, MN 55422
(612) 533-2241
I, the undersigned, being the duly qualified and acting
Clerk of the City of Golden Valley, Minnesota, hereby certify
that the Council of said City has duly accepted the foregoing
easement.
Dated:
•
•
3
City Cle
EASEMENT FOR CONSTRUCTION AND MAINTENANCE
0 OF PUBLIC IMPROVEMENT
go THIS INDENTURE, executed on the 12-- day ofyu n Q
1989, between WILLIAM GROSS and ELIZABETH GROSS, husband and wife
(herein "First Party"), E & R PARTNERS, a Minnesota General
Partnership (herein "Second Party"), LOU PARK, a Partnership
(herein "Third Party"), RALPH N. McMILLAN and CHARLENE M.
McMILLAN, husband and wife, and FRANCIS E. TRUAX and DOROTHY
TRUAX, husband and wife (herein "Fourth Party"), THOMAS R.
STANTON and DONNA M. STANTON, husband and wife (herein "Fifth
Party"), JEROME D. RANDGAARD and JOHANNA RANDGAARD, husband and
wife (herein "Sixth Party"), JOHN L. OETJEN and CYNTHIA M.
OETJEN, husband and wife (herein "Seventh Party"), ABHA THOMAS
and ABRAHAM THOMAS, her husband (herein "Eighth Party") and the
CITY OF GOLDEN VALLEY, a Minnesota municipal corporation (herein
"City").
WHEREAS, First Party is the fee owner of the following
described property (herein "Property" or "Tract 55"):
Unit No's: 101, 102, 103, 104, 201, 202, 203, 204, 205,
206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304,
305, 306, 307 and 308, in Valley Business Center
Condominium, Condominium No. 306, Hennepin County,
Minnesota.
WHEREAS, Second Party is an Assignee of Vendor's Interest in
Contract for Deed dated October 3, 1988 and filed December 1,
1988 as Document No. 5482559, Hennepin County Recorder, and
WHEREAS, Third Party is a purchaser of Unit 202, Valley
Business Center Condominium, Condominium No. 306, Hennepin
County, as set forth in that certain Contract for Deed dated
April 14, 1982 and filed May 5, 1982 as Document No. 4714528,
Hennepin County Recorder, and
WHEREAS, Fourth Party is a purchaser of Unit 204, Valley
Business Center Condominium, Condominium No. 306, Hennepin
County, as set forth in that certain Contract for Deed dated
December 18, 1981 and filed May 14, 1982 as Document No. 4716545,
Hennepin County Recorder, and
WHEREAS, Fifth Party is a purchaser of Unit 209, Valley
Business Center Condominium, Condominium No. 306, Hennepin
County, as set forth in that certain Contract for Deed dated
June 10, 1982 and filed June 29, 1982 as Document No. 4725252,
Hennepin County Recorder, and
WHEREAS, Sixth Party is a purchaser of Unit 211, Valley
Business Center Condominium, Condominium No. 306, Hennepin
1
• County, as set forth in that certain Contract for Deed dated
April 5, 1982 and filed May 5, 1982 as Document No. 4714536,
Hennepin County Recorder, and
WHEREAS, Seventh Party is a purchaser of Unit 304, Valley
Business Center Condominium, Condominium No. 306, Hennepin
County, as set forth in that certain Contract for Deed dated
April 1, 1982 and filed May 5, 1982 as Document No. 4714541,
Hennepin County Recorder, and
WHEREAS, Eighth Party is a purchaser of Unit 307, Valley
Business Center Condominium, Condominium No. 306, Hennepin
County, as set forth in that certain Contract for Deed dated
April 14, 1982 and filed May 5, 1982 as Document No. 4714544,
Hennepin County Recorder, and
WHEREAS, the City is desirous of obtaining a street and
utility easement over, under and across said Property,
WITNESSETH; That the First Party, Second Party, Third Party,
Fourth Party, Fifth Party, Sixth Party, Seventh Party and Eighth
Party in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration to it in hand paid by the City,
the receipt whereof is hereby acknowledged, does hereby grant,
bargain and convey unto the said City, its successors and
assigns, forever, a permanent easement including the full and
• free right and authority to enter upon the easement tract herein
described below and to maintain street and public utilities
to be constructed therein. The permanent easement herein
described shall continue forever as a permanent easement over,
under and across said tract and the City shall have the right to
make such use as is reasonably necessary and advisable in the
construction, maintenance and operation of said street and public
utilities over, under and across the tract of land herein
described below.
•
The permanent easement herein granted is situated over,
under and across a tract of land in the County of Hennepin, State
of Minnesota, described as follows, to -wit:
a permanent easement for street and utility purposes
over that part of Tract 55 described above lying north
of the following described line: Commencing at the
northeast corner of said Tract 55; thence on an assumed
bearing of west along the north line thereof 254.11
feet to an angle point in said north line; thence South
84 degrees 15 minutes 35 seconds West along said north
line 69.99 feet to the point of beginning of the line
to be herein described; thence North 90 degrees 00
minutes East 173.76 feet, thence South 84 degrees 17
minutes 25 seconds East 50.26 feet; thence North 90
K
degrees 00 minutes East 80.00 feet; thence
• southeasterly to a point on the east line of said Tract
55 distant 32.00 feet south of the northeast corner of
said Tract 55 and there terminating.
William Gross
Eliza eth Gross
E & R PARTNERS, A MINNESOTA
GENERAL PARTNERSHIP l
By
Its
LOU PARK, A PARTNERSHIP
• BY /
Its
Francis Truax
, .- 77", A/"_ �� /L , _ -
Dorothy Tj�udx
Thomas R. Stantgn
• Donna M. Stanton
3
•
•
Acl�+
a Nomas
A�
Abraham Thomas
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this /1r'" da of
Y
�.�✓ 1990, by William Gross and Elizabeth Gross,
husband and wife. - 7
Notary Public
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing was acknowle g -ed befoVe me this t." day of
1990, by ` t �/��C ,�<�yux a
general partner of E & R PARTNERS a, Minnesota General
Partnership, on behalf of said partpership.
Notar (Public /
4
•
•
•
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
��The foregoing was acknowledged before me this /7 r� day of
( r.ZA- �.� C�� , 1990, b y �% :� E Yc! lGr, f
general partner of LOU PARK, a Partnership, on behalf of said
partnership.
HILDA E. LARSON
Notary Pllb11CHENNEPIN COUNTY
MY COMMISSION EXPIRES 9.27-93
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this 11*4"daY of
tea, , 1990, by Ralph N. McMillan and Charlene M.
McMillan, husband and wife.
x, C��i_LEEN M. BENTLEY
.' 4Rv PUBLIC -MINNESOTA
Notary Public OUNTY
14 Commm" Expires JAN 11 19Z
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
®__...�.�.T.hnne--foregoing was acknowledged before me this Mtk-' day of
, 1990, by Francis E. Truax and Dorothy Truax,
husband and wife.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
j COLLEEN M. BENTLEY
NOTARY PUBLIC -MINNESOTA
tdfdEMN COUNTY
NY Ca -wm Expires JAN. 17 1996
The foregoing was acknowledged before me this % day of
'clCi�Let, , 1990, by Thomas R. Stanton and Donna M. Stanton,
husband and wife.
�ti HILDA E. LARSON
A
Notary Pllb11C HENNEPIN COUNTY
.ate LIYCONI ISSIONEXPIRES&27.93
5
•
•
•
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
he foregoing was acknowledged before me this.' f -ay of
, 1990, by Jerome D. Randgaard and Johanna
Randgaar , husband and wife.
Notary Public
I COLLEEN M. BENTLEY
NOTARY PUBLIC-MINNESO
NEPIN COUNTY
MY Canm-- Exp m JAN 17 19!
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this n day of
1990, by John L. Oetjen and Cynthia M. Oetjen,
husband and wife.
L"
Notar Public
xMn`N nA+.
HENNEPIN 01 N.,
My commission Exp;' e' :
STATE OF MINNESOTA ) ,�
ss
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this 11�&l day of
1 , 1990, by Abha Thomas and Abraham Thomas, her
h band.
No6Ery Public
M 11,M ✓`,AN`hAA.n ,- ^A A, AA M ■
M)H , AWRENCE
NOIARv PUBLIC—MINNESOTA
�'- aNOKA COUNTf
This Document was Drafted by: M� Commission Exatres lune 9 1992
Y r
CORRICK & SONDRALL, a Partnership
of Professional Corporations
3811 West Broadway
Robbinsdale, MN 55422
(612) 533-2241
11
I, the undersigned, being the duly qualified and acting
Clerk of the City of Golden Valley, Minnesota, hereby certify
that the Council of said City has duly accepted the foregoing
easement.
1�7Dated: -C{
•
•
7
City Cler,
i
0
•
0
CONSENT BY MORTGAGEE
The undersigned, hold of that certain Mortgage, dated October 3,
1988 and filed on December 1, 1988 in the Office of the County
Recorder of Hennepin County, Minnesota as Document No. 5482560,
hereby consents and subordinates its mortgagee's interest to the
grant of the easements herein described.
Leo Gross
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoingtrument was a knowledged before me this
day of 199, by Leo Gross, unmarried.
NOTACOUNTY
Sonoma
W a - qp,MCUM Si n ture f P rson Taking
Acknowledg ent
(Notarial Seal or Stamp)
• PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PUBLIC IMPROVEMENT
THIS INDENTURE, executed on the _7__ day of AU6Q5T ,
1990, to take effect as of MAY 15, 1990 between DOVER HILL
COMPANY, a Minnesota Limited Partnership (herein "First Party")
and the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation
(herein "City").
WHEREAS, First Party is the fee owner of the following
described property (herein "Property" or "Tract 56"):
Lot 1, Block 1, Dover Hill, Hennepin County, Minnesota.
WHEREAS, the City is desirous of obtaining a temporary
construction easement and a permanent street and utility easement
over, under and across said Property,
WITNESSETH; That the First Party in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration
to it in hand paid by the City, the receipt whereof is hereby
acknowledged, does hereby grant, bargain and convey unto the said
City, its successors and assigns, forever, a permanent easement
including the full and free right and authority to enter upon the
easement tract hereinbelow described and to maintain a street and
public utilities to be constructed therein. The permanent
easement herein described shall continue forever as a permanent
easement over, under and across said tract and the City shall
have the right to make such use as is reasonably necessary and
advisable in the construction, maintenance and operation of a
street and public utilities over, under and across the tract
of land hereinbelow described.
The permanent easement herein granted is situated over,
under and across a tract of land in the County of Hennepin, State
of Minnesota, described as follows, to -wit:
a permanent easement for street and utility purposes
over that part of Tract 56 described above lying
Northwesterly of a line running from a point on the
west line of said Tract 56 distant 10.00 feet south of
the Northwest corner thereof to a point on the north
line of said Tract 56 distant 10.00 feet east of said
Northwest corner.
WITNESSETH; Further that the First Party in consideration of
the sum of One Dollar ($1.00) and other good and valuable
consideration to it in hand paid by the City, the receipt whereof
is hereby acknowledged, does hereby grant, bargain and convey
• unto the said City, its successors and assigns, a temporary
1
• construction easement; including full and free right and
authority to enter upon the property hereinafter described, for
the purpose of construction of a street and public utilities
(herein "Improvement"), it being the intention of the parties
hereto that the aforesaid temporary construction easement shall
terminate at midnight on November 15, 1991.
•
By acceptance of this temporary construction easement, the
City hereby covenants and agrees to restore the surface of the
ground and all structures to the same condition as existed
thereon prior to the construction of said Improvement. The
temporary construction easement described above is located over a
tract of land situated in the County of Hennepin and State of
Minnesota, described as follows, to -wit:
a temporary construction easement over that part of
Tract 56 described above lying north of the following
described line: Beginning at a point on the west line
of said Tract 56 distant 5.00 feet south of the
Northwest corner thereof; thence east parallel with the
north line of said Tract 56 a distance of 300.00 feet;
thence at right angles south 10.00 feet; thence at
right angles east 159.00 feet; thence at right angles
south 10.00 feet; thence at right angles east to a line
drawn parallel with and distant 10.00 feet southerly of
said north line; thence easterly parallel with said
north line to the easterly line of said Tract 56 and
there terminating. Except that part thereof lying
within the permanent street and utility easement
described above.
DOVER HILL COMPANY, A MINNESOTA
LIMITED PARTNERSHIP
BY: CANADIAN FINANCIAL CORPORATION,
A MINNESOTA CORPORATION
GENERAL RT NE
By: p,
2
By:
`Its 0?4i! phES
Its
•
•
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this S,— day of
\'a 1990, by N'O�Cxo and
�J
the and
respectively, of Canadian Financial
Corporation, a Minnesota corporation, as General Partner of Dover
Hill Company, a Minnesota Limited Partnership, on behalf of said
limited partnership.
SHIVA M ANDERSON
NOTARY PUBLIC—k11NNESOTA
HENNEPIN COUNTY >
My Commission (noires Nov. 21, 19h'1 >
x 'wvwv�nnnn
This Document was Drafted by:
Notary Public
CORRICK & SONDRALL, a Partnership
of Professional Corporations
3811 West Broadway
Robbinsdale, MN 55422
(612) 533-2241
I, the undersigned, being the duly qualified and acting
Clerk of the City of Golden Valley, Minnesota, hereby certify
that the Council of said City has duly accepted the foregoing
easement.
Dated: 5-Q�-Cl1
,D ;
Ci y Cler
•
•
0
CONSENT BY MORTGAGEE
The undersigned, hold of that certain Mortgage, dated September
12, 1974, and filed on September 13, 1974 in the Office of the
County Recorder of Hennepin County, Minnesota as Document No.
4104760, hereby consents and subordinates its mortgagee's
interest to the grant of the easements herein described.
MINNESOTA HOUSING FINANCE AGENCY,
A PUBLIC BODY CORPORATE AND POLITIC
OF THE STATE OF MINNESOTA
By
Its
By J
Its I�z,�� �1/ CtS Kt�lL S�.Ib YIP i
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
,2')4,k day of 2,j;� b, -z-, 1990, by �4�1 S, T� to
and L. 0-,T-,,-5, respectively, of Minnesota Housing
Finance Agency, a public body cororate and politic of the State
of Minnesota, on behalf of said agency.
k,
Signature of Person Taking
Acknowledgment
(Notarial Seal or Stamp)
K AAAAA/,A/\AAM/\MnMMH .MnMMMAM ■
SUSAN K. NOREN
+., NOTARY PUBLIC -MINNESOTA
,s
i11 .,
RAMSEY COUNTY
MY COMMISSION EXP6RES APRIL 8, 1991
," \An, VVV AI\rvvV
• PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PUBLIC IMPROVEMENT
THIS INDENTURE, executed on the 7 day of Suw ,
1990, to take effect as of MAY 15, 1990 between IRVING BROOKS AND__RAY
RALST0NWXWYA=X2M AS TRUSTEES OF THE H. BROOKS AND COMPANY PROFIT
SHARING PLAN AND TRUST (herein "First Party"), JOSEPH MUELLER and
LAURA JOAN MUELLER, husband and wife, and GEORGE PAQUETTE and
SHIRLEY PAQUETTE, husband and wife, (herein "Second Party") and
the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation
(herein "City").
WHEREAS, First Party is the fee owner of the following
described property (herein "Property" or "Tract 59"):
That part of the Northwest 1/4 of the Northwest 1/4 of
Section 29, Township 118, Range 21, bounded and
described as follows: Beginning at the Northwest corner
of said Section 29; thence East along the North line of
said Section 29, a distance of 168 feet; thence South
on a line parallel to the West line of said Section 29,
a distance of 168 feet to a point; thence West on a
line parallel to the North line of said Section 29, to
a point in the West line of said Section 29, which is
. 168 feet south of the point of beginning; thence North
along the West line of said Section 29, to the point of
beginning; EXCEPT that part thereof which lies West of
a line drawn parallel with and distant 42 feet East of
the West line of said section, and that part of said
tract which lies North of a line parallel with and
distant 33 feet South of the North line of said
section, also that part of said tract lying
Northwesterly of a curve concave to the Southeast,
having a radius of 26 feet, and being tangent to the
above described parallel lines. Except roads.
Hennepin County, Minnesota.
WHEREAS, Second Party is purchaser of the property under a
Contract for Deed dated October 31, 1978 and filed November 8,
1978 as Document No. 4427476,
WHEREAS, the City is desirous of obtaining a temporary
construction easement and a permanent street and utility easement
over, under and across said Property,
WITNESSETH; That the First Party in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration
to it in hand paid by the City, the receipt whereof is hereby
acknowledged, does hereby grant, bargain and convey unto the said
City, its successors and assigns, forever, a permanent easement
1
• including the full and free right and authority to enter upon the
easement tract hereinbelow described and to maintain a street
and public utilities to be constructed therein. The permanent
easement herein described shall continue forever as a permanent
easement over, under and across said tract and the City shall have
the right to make such use as is reasonably necessary and
advisable in the construction, maintenance and operation of a
street and public utilities over, under and across the tract of
land hereinbelow described.
The permanent easement herein granted is situated over,
under and across a tract of land in the County of Hennepin, State
of Minnesota, described as follows, to -wit:
a permanent easement for street and utility purposes
over that part of Tract 59 described above lying
northwesterly of a line running from a point on the
south line of the north 33.00 feet of said northwest
Quarter distant 62.00 feet east of the west line of
said Northwest Quarter to a point on the east line of
the west 42.00 feet of said Northwest Quarter distant
53.00 feet south of the north line of said Northwest
Quarter.
a permanent easement for street and utility purposes
• over that part of Tract 59 described above lying north
of a line drawn parallel with and distant 35.00 feet
south of the north line of said Northwest Quarter.
Except that part thereof lying within the permanent
easement described above.
WITNESSETH; Further that the First Party in consideration of
the sum of One Dollar ($1.00) and other good and valuable
consideration to it in hand paid by the City, the receipt whereof
is hereby acknowledged, does hereby grant, bargain and convey
unto the said City, its successors and assigns, a temporary
construction easement; including full and free right and
authority to enter upon the property hereinafter described, for
the purpose of construction of a street and public utilities
(herein "Improvement"), it being the intention of the parties
hereto that the aforesaid temporary construction easement shall
terminate at midnight on November 15, 1990.
By acceptance of this temporary construction easement, the
City hereby covenants and agrees to restore the surface of the
ground and all structures to the same condition as existed
thereon prior to the construction of said Improvement. The
temporary construction easement described above is located over a
tract of land situated in the County of Hennepin and State of
• Minnesota, described as follows, to -wit:
0
•
0
•
a temporary construction easement over that part of
Tract 59 described above lying northerly of the
following described line: Beginning at a point on the
east line of said Tract 59 distant 45.00 feet south of
the north line of said Northwest Quarter; thence on an
assumed bearing of west parallel with said north line
110.97 feet; thence South 45 degrees 00 minutes West to
the west line of said Northwest Quarter and there
terminating.
RAY RALSTON
IRVING BROOKS AND X&UVAWX&
AS TRUSTEES OF THE H. BROOKS AND
COMPANY PROFIT SHARIN PLAN AND
TRUST
�av
Zasx Irvi Brooks
— A0011
Josegh Mieklef
Laura Joan MJe ler
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
F
The foregoing was acknowledged before me this day of
1990, by Irving Brooks and 1XMNAftXXx3ruakwx, Ray Ralston
XxA as Trustees of The H. Brooks and Company Profit
Sharing Plan and Trust, on behalf of said plan.
Nota r Public
ROY C. PelTnui.-r 5
�j
Hm" Cam
my C=. Exp. /0-�.� 3
PAUL E SIMON
NOTARY P"KIC — MINNESOTA
H NNEPIN Coulavmy Ex0im,
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN ) �
The foregoing was acknowledged before me this � day of
TLLA)E , 1990, by Joseph Mueller and Laura Joan Mueller,
husband and wife, Second Party.
Notary Publi
STATE OF MINNESOTA > PAUL E. SIMON
s s@my
NOTARY PUBLIC — MINNESOTA
COUNTY OF HENNEPIN ) HENNEPIN COUNTY
COMMOOM EXPOU jAu o I& IN3
PC
The foregoing was acknowledged before me this _� day of
lU.N6_ , 1990, by George Paquette and Shirley Paquette,
husband and wife, Second Party.
otary Public
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This Document was Drafted by:
CORRICK & SONDRALL, a Partnership
of Professional Corporations
3811 West Broadway
Robbinsdale, MN 55422
( 612 ) 533-2241
I'the undersigned, being the duly qualified and acting
Clerk of the City of Golden Valley, Minnesota, hereby certify
that the Council of said City has duly accepted the foregoing
easement.
Dated: - 1
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City Clerk ,
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PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PUBLIC IMPROVEMENT
THIS INDENTURE, executed on the 3,0 day of (AA Y ,
1990, to take effect as of MAY 15, 1990 between ANTHONY J.
OUELLETTE and JEAN A. OUELLETTE, husband and wife (herein "First
Party"), SUPERAMERICA GROUP, INC., a Kentucky Corporation (herein
"Second Party") and the CITY OF GOLDEN VALLEY, a Minnesota
municipal corporation (herein "City").
WHEREAS, First Party is the fee owner of the following
described property (herein "Property" or "Tract 72"):
The North 495 feet of all that part of the Northwest
1/4 of the Northwest 1/4 of Section 30, Township 118
North, Range 21, West of the 5th Principal Meridian,
described as follows: Commencing on the North line of
said Northwest 1/4 of said Section 30, distant 26 2/3
rods East of the Northwest corner of said Northwest
1/4; thence South in a straight line, distance of 60
rods; thence East parallel with the North line of said
quarter section, a distance of 26 2/3 rods; thence
North parallel with the West line of said Quarter
section, a distance of 60 rods; thence West along the
North line of said quarter section, a distance of 26
2/3 rods to the point of beginning, lying Easterly of a
strip of land conveyed to the County of Hennepin by
Warranty Deed recorded in Book 68 of Hennepin County
Records, page 3756059, according to the United States
Government Survey thereof, and situate in Hennepin
County, Minnesota. Except roads.
WHEREAS, Second Party is owner of a leasehold interest as
set forth in a Memorandum of Lease dated February 1, 1975 and
recorded June 10, 1981 as Document No. 4649019, Hennepin County
Recorder, and
WHEREAS, the City is desirous of obtaining a temporary
construction easement and a permanent street and utility easement
over, under and across said Property,
WITNESSETH; That the First Party in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration
to it in hand paid by the City, the receipt whereof is hereby
acknowledged, does hereby grant, bargain and convey unto the said
City, its successors and assigns, forever, a permanent easement
including the full and free right and authority to enter upon the
easement tract hereinbelow described and to maintain a street and
public utilities to be constructed therein. The permanent
easement herein described shall continue forever as a permanent
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easement over, under and across said tract and the City shall
have the right to make such use as is reasonably necessary and
advisable in the construction, maintenance and operation of a
street and public utilities over, under and across the tract
of land hereinbelow described.
The permanent easement herein granted is situated over,
under and across a tract of land in the County of Hennepin, State
of Minnesota, described as follows, to -wit:
a permanent easement for street and utility purposes
over, under and across that part of Tract 72 described
above lying Northwesterly of a line drawn from a point
on the South line of the North 33.00 feet of the
Northwest Quarter of Section 30, Township 118, Range
21, Hennepin County, Minnesota distant 55.00 feet East
of its intersection with the centerline of Hillsborough
Avenue to a point on the East line of Hillsborough
Avenue distant 58.00 feet South of the North line of
said Northwest Quarter.
WITNESSETH; Further that the First Party in consideration of
the sum of One Dollar ($1.00) and other good and valuable
consideration to it in hand paid by the City, the receipt whereof
is hereby acknowledged, does hereby grant, bargain and convey
unto the said City, its successors and assigns, a temporary
construction easement; including full and free right and
authority to enter upon the property hereinafter described, for
the purpose of construction of a street and public utilities
(herein "Improvement"), it being the intention of the parties
hereto that the aforesaid temporary construction easement shall
terminate at midnight on November 15, 1990.
By acceptance of this temporary construction easement, the
City hereby covenants and agrees to restore the surface of the
ground and all structures to the same condition as existed
thereon prior to the construction of said Improvement. The
temporary construction easement described above is located over a
tract of land situated in the County of Hennepin and State of
Minnesota, described as follows, to -wit:
a temporary construction easement over, under and
across that part of Tract 72 described above lying
North of a line drawn parallel with and distant 53.00
feet South of the North line of the Northwest Quarter
of Section 30, Township 118, Range 21, Hennepin County,
Minnesota. Except that part thereof lying within the
permanent easement described above.
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing was
�1GL�1
1990,
Ouellett , husband and
Anthony uellette
Je.n A. Ouellette
SUPERAMERICA GROUP, INC., A
KENTUCKY CORPORAT ON
v Its '
rs f
By 0,llLd 44 -
I
s .165iSf
ss
acknowledged
by Anthony J.
wife.
Notary Public
SHARON D. DERBY
NOTARY PUBL"INNEWA
HENNEPIN COUNTY
My Commission Expires Sept 10,1992
,vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvjL
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
before me this) day of
Ouellette and Jean A.
`l The foregoing instrument was acknowled ed before methis
_ -t_ day of _y� v�- 1990, byo
and S e.llA)" respectively, of Superamerica
Group, Inc., a Kentucky corporation, on behalf of said
corporation.
n�
Notary Publi
i iq coma,. - a� c &,zzoocro", 7992
This Document was Drafted by:
CORRICK & SONDRALL, a Partnership
of Professional Corporations
3811 West Broadway
Robbinsdale, MN 55422
(612) 533-2241
3
I, the undersigned, being the duly qualified and acting
Clerk of the City of Golden Valley, Minnesota, hereby certify
that the Council of said City has duly accepted the foregoing
easement.
Dated:
C.
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ii.� n
City Cler��C
• CONSENT BY MORTGAGEE
The undersigned, holder of that certain Mortgage, dated February
17, 1987, and filed on February 19, 1987 in the Office of the
County Recorder of Hennepin County, Minnesota as Document No.
5229043, hereby consents and subordinates its mortgagee's
interest to the grant of the easements herein described.
FIRSTAR NEW BRIGHTON BANK, F/K/A
FIRST STATE BANK OF NEW BRIGHTON,
A MINNESOTA CORPORATION
By
By
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
• The foregoing instrument was acknowledged before me this
6th day of June 1990, by Bryan J. Boldt
and Robert Johnson , respectively, of Firstar New
Brighton Bank, f/k/a First Bank of New Brighton, a Minnesota
corporation, on behalf of said corporation.
i
XAAAAAA,Vlp
.02 LAURIE L. HALLIl7
NOTARY PUBLIC - MINNESOTA
A^doF:A CO ,rr Signature of Person Taking
r,Iy Commission Expires Dec. 11, 1994 Acknowledgment
x vv,Avvvvvv
w
(Notarial Seal or Stamp)
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•THIS INDENTURE, made this 2 912t- day of .lune 1990,
between SOO LINE RAILROAD COMPANY, a Minnesota corporation, hereinafter
called the "Grantor", and CITY OF GOLDEN VALLEY, hereinafter called the
"Grantee", WITNESSETH:
•
That the Grantor, in consideration of the sum of Fourteen Thousand
and No/100 Dollars ($14,000.00) to it in hand paid by the Grantee, the
receipt whereof is hereby acknowledged, does hereby grant unto the Grantee
an easement for the construction and maintenance of a drainage easement
including, but not limited to, a 36 inch round concrete pipe storm sewer,
to continue only so long as used for such purposes, over, under and across
the following described location in the County of Hennepin, State of
Minnesota, to -wit:
Permanent Easement
Part of the Northwest Quarter of Section 29, Township 118, Range 21,
Hennepin County, Minnesota being a strip of land 10.00 feet wide and
5.00 feet on each side of and adjacent to the following described
centerline: Beginning at a point on the north line of said Northwest
Quarter distant 1160.00 feet west of the northeast corner of said
Northwest Quarter; thence south 123.00 feet to a point 25.00 feet west
of the east line of Outlot 1, ADVERTISING -CREATIVE CENTER said point
hereinafter known as Point 1; thence southeasterly parallel with the
east line of said Outlot 1 a distnace of 605.00 feet and there
terminating except road.
Also a strip of land 10.00 feet wide and 5.00 feet on each side of the
following described centerline and its northeasterly extension:
Beginning at Point A described above; thence northeasterly to a point
on the east line of said Outlot 1 distant 42.00 feet southeasterly
along said east line from the northeasterly corner of said Outlot 1 and
there terminating.
Temporary Easement
A temporary construction easement over, under and across that part of
said Grantor's right of way being a strip of land 5 feet wide lying
westerly of and adjacent to the first above described permanent
easement also over that part of said right of way lying east of and
adjacent to the first above described permanent easement: (Temporary
easement to expire November 15, 1991.)
Reserving, however, unto the Grantor, its successors and assigns,
the right and privilege to use said land for the maintenance and operation
of the railroad tracks and facilities existing on the described land as of
the date of this easement, including the right to permit other parties to
use said land, and further reserving the right and privilege to use said
land for any and all other purposes that are not inconsistent with the use
thereof for the purpose or purposes permitted by this indenture, and
further reserving the right to prevent the placement or maintenance of any
drainage or storm sewer facility upon said land in a manner which would
unreasonably interfere with the maintenance and safe and continuous
operation of the existing railroad tracks and facilities.
RW12:66:1
•The Grantor reserves the title to said lands to itself, and the
Grantee's maintenance and use for the above purposes upon said land,
however long continued, shall not vest in the Grantee rights adverse to
those of the Grantor other than those granted by this indenture.
The Grantee shall fully indemnify the Grantor against any and all
loss, damage, liability, claims, suits, judgments, costs, and expenses
(including reasonable attorneys' and witness fees) in any manner pertaining
to injury to or death of any person or damage to or destruction of any
property, where such injury, death, damage, or destruction arises in whole
or in part from any act or omission of the Grantee (or the Grantee's
employees, agents, representatives, or invitees) in connection with the
exercise of the permission herein granted.
The Grantee shall secure, at the Grantee's own expense, any
permits or licenses required by state or local laws or ordinances and shall
comply with all applicable laws, including but not limited to any laws,
regulations, standards, and permit requirements relating to environmental
pollution or contamination or to occupational health and safety. The
Grantee shall indemnify and hold harmless the Grantor from any and all
claims, judgments, fines, civil penalties, costs, and expenses (including
reasonable attorneys' and witness fees) arising out of or connected with
the Grantee's violation of or non-compliance with any such law, ordinance,
standard, regulation, or permit requirement.
The Grantor makes no warranty of title to said land, nor does it
warrant that it has the right to grant the said easement. The Grantee
shall not have any recourse whatsoever against the Grantor in the event
that the Grantee shall be required through action of any third party to
remove the storm sewer from said land.
This indenture shall inure to the benefit of and be binding upon
the successors and assigns of the Grantor and the Grantee.
,1990. WITNESS, the hand and seal of the Grantor the S T� day of Ine
In the Presence of: SOO LINE RAILROAD COMPANY
/,
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-Its St-( VVic resi ent Real Es gate
STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
T e foregoing was acknowledged before me this s-T�
day of , 19�, by C. A. Soelber ,
the Asst. Vice Presi en Real Estate of Soo Line Railroad Company, a
corporation under the laws of Minnesota, on balf of the oration.
• otary Pu i
LOWELL J. CALLIES
V, NOTARY PUBLIC—MINNLSOT'j
'HENNEPIN COUNTY
RW12 : ((: 2 z„.r My commission expires 9-22-93
This Document was Drafted by:
SOO LINE RAILROAD COMPANY
Soo Line Building
Box 530
Minneapolis, MN 55440
I, the undersigned, being the duly qualified and acting Clerk
of the City of Golden Valley, Minnesota, hereby certify that the
Council of said City has duly accepted the foregoing easement.
Dated:
City Cleric !i
17J
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