Loading...
HomeMy WebLinkAboutContract 1880 AGREEMENT THIS AGREEMENT is entered into this _ day of November, 2005, by and between GILBERT L. BECKER and KIM M. BECKER ("Owners") and CITY OF COLUMBIA HEIGHTS ("City"). 1. RECITALS 1.01 Owners are the owners in fee simple of the real estate located at 3901 Jefferson Street N.E., Columbia Heights, Minnesota which is legally described on Exhibit A attached hereto ("Owners' Property"). 1.02 The City is the owner in fee simple of the real estate which is located immediately north of and abutting the Owners' Property and is legally described on Exhibit B attached hereto ("City Property" or "Grantors' Property"). City wishes to reconstruct Jefferson Street adjacent to the Property ("the Project") and has concluded that it must acquire a temporary easement from Owners, encumbering the Property in the form which is attached hereto as Exhibit C ("Temporary Easement") and a permanent easement in the form which is attached hereto as Exhibit D ("Permanent Easement"). 1.03 Owners have been accessing their loading dock on the Owners' Property from Jefferson Street and have requested that City grant Owners a permanent easement burdening the City in the form attached hereto as Exhibit E ("City Easement"). 1.04 City has requested Owners to grant the Temporary Easement and the Permanent Easement to City and Owners have requested that the City grant to them the City Easement. 1.05 City and Owners me each willing to grant the requested easements in accordance with the provisions of this Agreement. II. AGREEMENT 2.01 The foregoing recitals are a part of this Agreement. 2.02 City will defend, indemnify and hold the Owners harmless from any taking by the Columbia Heights Economic Development Authority ("EDA") pursuant to the eminent domain proceedings filed by the EDA in Anoka County District Court, Court File No. C5-05-1678, the Notice of Lis Pendens for which was incorrectly recorded by the Anoka County Recorder against the title of the Owners' Property. City represents that EDA has already attempted to secure correction of the County Recorder's mistake and will make further attempts to assure that .this has been done. RJL-267941 v2 CL205-28 I a. City will construct a four foot 7 inch by 12 foot addition to the north end of Owners' existing loading dock. b. City will remove the present passage door and install a new passage door which swings the opposite direction of the present passage door. c. City will relocate the stairway from the-ground to the dock to a location acceptable to the Owners and City. d. City will remove existing blacktop west of Owners' existing building and replant the area with grass and landscaping (bushes). e. All such work shall be completed at City expense and in accordance with the state building code. 2.04 For the term of the Access Easement, City will permit Grantees to store snow in the southerly 15 feet of Grantor's property. 2.05 Upon execution of this Agreement on behalf of Owners and City, this Agreement, including the provisions of the Temporary Easement, shall be effective. 2.06 Upon execution of this Agreement and City Council approval, (a) City shall execute and deliver the City Easement to Owners in recordable form, and (b) Owners shall execute and deliver the Permanent Easement to City in recordable form. 2.07 This Agreement shall be enforceable against and accrue to the benefit of the heirs, administrators, successors and assigns of the parties hereto. 2.08 This Agreement shall be construed in accordance with the provisions of Minnesota law. ~ \ / ~ 11)_ }-N'- Kim M. Becker OWNERS ~ Jslllj b .. . Gilbert L. Becker ~. eterson ,. Mayor And J4f Walt Fehst, City Manager RJL-267941 v2 CL20S-28 2 EXHIBIT A Legal Description of Owners' Property All of those parts of Lots 12, 13,14, 15 and 16 in Block 1, 2nd Subdivision of Block F, Columbia Heights Annex, lying Southerly of a line running parallel with and 0.9 feet distant Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd Subdivision of Block F, Columbia Heights Annex (Abstract). According to the map or plat thereof on file and of record in the Office of the County Recorder in and for Anoka County, Minnesota. (P.I.N. #35-30-24-43-0068) RJL-267941 v2 CL205-28 A-I EXHIBIT B Legal Description of City Property That part of Block F, COLUMBIA HEIGHTS ANNEX, lying easterly of Jefferson Street, as currently laid out and traveled and lying northerly of the plat of 2nd SUBDIVISION OF BLOCK F, COLUMBIA HEIGHTS ANNEX; and that part of said Block F, formerly known as the Minneapolis Sault Ste. Marie Railway across said Block F; and that part of Lot 16, Block 1, said plat of 2nd SUBDIVISION OF BLOCK F, COLUMBIA HEIGHTS ANNEX lying Northerly of a line running parallel with and 0.9 feet Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd SUBDIVISION OF BLOCK F, COLUMBIA HEIGHTS ANNEX, Anoka County, Minnesota. RJL-26794Iv2 CL20S-28 B-1 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT THIS INSTRUMENT is made by Gilbert L. Becker and Kiri1 M. Becker, husband and wife, Grantors, in favor of the City of Columbia Heights, a Minnesota municipal corporation, Grantee. Recitals A. Grantors are the fee owners of the following described property in Anoka County, Minnesota (the "Property"): All of those parts of Lots 12, 13, 14, 15 and 16 in Block 1, 2nd Subdivision of Block F, Columbia Heights Annex, lying Southerly of a line running parallel with and 0.9 feet distant Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd Subdivision of Block F, Columbia Heights Annex (Abstract). According to the map or plat thereof on fIle and of record in the Office of the County Recorder in and for Anoka County, Minnesota. (P.I.N. #35-30-24-43-0068) B. Grantors desire to grant to the Grantee an easement, according to the terms and conditions contained herein. Term of Easement 1. Grant of Easement. For good and valuable consideration, receipt and sufficiency of which are acknowledged by Grantors, Grantors grant and convey to the Grantee the following easement which is depicted on Exhibit A attached hereto: A temporary easement for construction purposes over, under, across and upon that part ofthe above-described parcel which lies within the following described area: Commencing at the southwest comer of said Lot 16, Block 1; then on an assumed bearing of North 89 degrees 59 minutes 19 seconds East along the south line of said Block 1, a distance of30.00 feet to the point of beginning; thence continuing North 89 degrees 59 minutes 19 seconds East along said south line, a distance of 149.64 feet; thence North, 18.09 feet; thence South 89 degrees 52 minutes 04 seconds West, 161.84 feet; thence North 0 degrees 20 minutes 05 seconds West, 71.83 feet; thence North 12 degrees 24 minutes 35 seconds East, 7.71 feet to a point of intersection with a line being 0.90 feet distant southerly, as measured at right angles thereto, and parallel with the northerly line of said Block 1; thence southwesterly 19.86 feet, more or less, along said parallel line to the west line of said Block 1; thence South 0 degrees 28 minutes 41 seconds East, along said west line, a distance of 86.36 feet RlL-26794! v2 CL20S-28 C-l more or less, to a point in said west line of Block 1, distant 10.00 feet northerly from said southwest comer of Lot 16, as measured along said west line; thence South 71 degrees 37 minutes 25 seconds East, 31.70 feet to the point of beginning. Said temporary easement containing 4,499 square feet (0.103 acres) more or less. ("Easement Tract") 2. Scope of Easement. The. above-described easement includes the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein including the right to enter the Easement Tract for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing facilities or improvements, including but not limited to the right to grade, street, cut, trim, or remove trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or aSSIgns. Grantor, its successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind within. the Easement Tract or within the term of this Easement, either above or below the surface, or stockpile soils, construction debris, or construction equipment or change the grade thereof, without the express written permission of the Grantee. 3 . Warranty of Title. The Grantors warrant that they are the fee owners of the Property and that they have the right, title and capacity to convey the easement herein to the Grantee. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Tract or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, their heirs, successors and assigns. 6. Term. The easement granted herein shall expire on December 31, 2006, unless sooner terminated in writing by Grantee. STATE DEED TAX DUE HEREON: NONE RJL-267941 v2 CL205-28 C-2 Dated this ~ day of JJ'lc-<.-vvSOt-.,) ,2005. By: JJJHl ~ Gilbert L. ecker, rantor By: y" ~"'1117 /l. J~ '7L~ . I J (.; l2t .:.A- Kim M. Becker, Grantor -- S TATE OF MINNESOTA } COUNTY OF ltt?vKIt ss. The foregoing instrument was acknowledged before me this f'~ day of ~ 2005, by Gilbert L. Becker and Kim M. Becker, husband and wife, Grantors SHARON R. SHEDLOV Notary Dublie Mlnn8.:'l11a , My Commission Explrl;s January 31, 2010 L&~ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 RlL-267941v2 CL205-28 C-3 EXHIBIT D PERMANENT ROADWAY, DRAINAGE AND UTILITY EASEMENT THIS INSTRUMENT is made by Gilbert L. Becker and Kim M. Becker, husband and wife, Grantors, in favor of the City of Columbia Heights, a Minnesota municipal corporation, Grantee. Recitals A. Grantors represent that they are the owners in fee simple of the following described property in Anoka County, Minnesota (the "Property"): All of those parts of Lots 12, 13, 14, 15 and 16 in Block 1, 2nd Subdivision of Block F, Columbia Heights Annex, lying Southerly of a line running parallel with and 0.9 feet distant Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd Subdivision of Block F, Columbia Heights Annex (Abstract). According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. (p.I.N. #35-30-24-43-0068) B. Grantors desire to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt and sufficiency of which are acknowledged by Grantors, Grantors grant and convey to the Grantee the following easement which is depicted on Exhibit A attached hereto: A perpetual easement for roadway, drainage and utility purposes over, under, across and upon that part of the above-described parcel which lies within the following described area: Beginning at the southwest comer of said Lot 16, Block 1; thence on an assumed bearing of North 89 degrees 59 minutes 19 seconds East along the south line of said Block 1, a distance of 30.00 feet; thence North 71 degrees 37 minutes 25 seconds West, 31.70 feet to a point in the west line of said Block 1, distant 10.00 feet northerly from said southwest comer of Lot 16, as measured along said west line; thence South 0 degrees 28 minutes 41 seconds East, along said west line, a distance of 10.00 feet to the point of beginning ("Easement Tract"). Said Permanent easement containing 150 square feet (0.003 acres) more or less. RJL-267941 v2 CL205-28 D-I 2. Scope of Easement. The above-described easement includes the rights of Grantee, its contractors, agents and employees to .do whatever is necessary for enjoyment of the rights granted herein including the right to enter the Easement Tract for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing faciliti~s or improvements, including but not limited to the right to grade, street, cut, trim, or remove trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or assIgns. Grantor, its successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind within the Easement Tract, either above or below the surface, or stockpile soils, construction debris, or construction equipment or change the grade thereof, without the express written permission of the Grantee. 3. Warranty of Title. The Grantors warrant that they are the fee simple owner.s of the Property and that they have the right, title and capacity to convey the easement herein to the Grantee. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Tract or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, their heirs, successors and assigns for the benefit of Grantee, its successors and assigns. STATE DEED TAX DUE HEREON: NONE RJL-26794Iv2 CL205-28 D-2 Dated this A day of /Je CCriVLhll./2005. STATE OF MINNESOTA COUNTY OF ,4jJfJKA- } 55. By: J -A J A,.-1 ! /J - ,~/_/ ~ Gilbert L. Becker, Grantor By: ~~'10, ~J Kim M. Becker, Grantor The foregoing instrument was acknowledged before me this tf -Ij. day of tJt-{!-b'h~' 2005, by Gilbert L. Becker and Kim M. Becker, husband and wife, Grantors. SHARON R. SHEDLOV Notary Public Minnesota My Commission Expires January 31, 2010 THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 RJL-267941 v2 CL20S-28 D-3 ~ ;f. ~y- otary Public ~ EXHIBIT E PERMANENT ACCESS EASEMENT THIS INSTRUMENT is made by City of Columbia -Hdghts, a Minnesota municipal corporation, Grantor, in favor of Gilbert L. Becker and Kim M. Becker, husband and wife, Grantees. Recitals A. Grantor represents that it is the owner in fee simple of the following described property in Anoka County, Minnesota ("Grantor's Property"): That part of Block F, COLUMBIA HEIGHTS ANNEX, lying easterly of.Jeff~rson Street, as currently laid out and traveled and lying northerly of the plat of 2nd SUBDIVISION OF BLOCK F, COLUMBIA HEIGHTS ANNEX; and that part of said Block F, formerly known as the Minneapolis and Sault Ste. Marie Railway across said Block F; and that part of Lot 16, Block 1, said plat of 2nd SUBDIVISION OF BLOCK F, COLUMBIA HEIGHTS ANNEX lying Northerly of a line running parallel with the 0.9 feet Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd SUBDIVISION OF BLOCK F, COLUMBIA ?EIGHTS ANNEX. Abstract. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. B. Grantees are the owners in fee simple of the following described property in Anoka County, Minnesota ("Grantees' Property"). All of those parts of Lots 12, 13, 14, 15 and 16 in Block 1, 2nd Subdivision of Block F, Columbia Heights Annex, lying Southerly of a line running parallel with and 0.9 feet distant Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd Subdivision of Block F, Columbia Heights Annex (Abstract). According to the map or plat thereof on file and of record in the Office of the County Recorder in and for Anoka County, Minnesota. (p.I.N. #35-30-24-43-0068) C. Grantor desires to grant to the Grantees an easement for the benefit of the Grantees Property, according to the terms and conditions contained herein. RJL-267941 v2 CL205-28 E-l Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt and sufficiency of which are aclmowledged by Grantor, Grantor grants and conveys to the Grantees the following easement which is depicted on Exhibit A attached hereto: A perpetual easement for access purposes over, under, across and upon that part of the above-described parcel which lies within the following described area: Commencing at the southwest corner of said Lot 16, Block 1; thence North o degrees 28 minutes 41 seconds West (for the purpose of this description the south line of said Block 1 is assumed to have a bearing on North 89 degrees 59 minutes 19 seconds East) along the west line of said Block 1, a distance of 96.36 feet more or less to a point of intersection with a line being 0.90 feet distant southerly, as measured at right angles thereto, and parallel with the northerly line of said Block 1, and said point being the point of beginning; thence continuing North 0 degrees 28 minutes M seconds West, along said west line a distance of 0.90 feet to the northwest corner of said Block 1; then North 0 degrees 13 minutes 45 seconds West, along the east right-of-way line of Jefferson Street, a distance of21O.10 feet; thence North 89 degrees 46 minutes 15 seconds East, 30.00 feet; thence South 0 degrees 13 minutes 45 seconds East, 209.99 feet to a point of intersection with said line being 0.90 feet distant southerly, as measured at right angles thereto, and parallel with the northerly line of said Block 1; thence southwesterly 30.02 feet, more or less, along said parallel line to the point of beginning. ("Easement Tract") Said permanent access easement containing 6,315 square feet (0.145 acres) more or less. 2. Scope of Easement. The above-described easement includes the rights of Grantees, their heirs, successors, assigns, contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein including the right to enter the Easement Tract for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing an asphalt or cement driveway, including but not limited to the right to grade, cut, trim, or remove trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement and access rights of the Grantees, their heirs, successors or assigns. Grantor, its successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind within the Easement Tract, either above or below the surface, or stockpile soils, construction debris, or construction equipment or change the grade thereof, without the express written permission of the Grantees. 3. Warranty of Title. The Grantor warrants that it is the fee simple owner of the Property and that it has the right, title and capacity to convey the easement herein to the Grantees. 4. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns for the benefit of the Grantees, their successors and assigns as owners of the Grantees Property. RJL-267941v2 CL205-28 E-2 5. Limitations. Notwithstanding any provision of this Agreement to the contrary, (a) This easement shall terminate upon the demolition of the building now located upon the Grantees Property. (b) Grantees' use oftrus easement, including parking or storage, shall be limited to the hours of 6:00 o'clock a.m. through 6:00 p.m. on Monday through Friday (except legal holidays). STATE DEED TAX DUE HEREON: NONE RJL-267941 v2 CL205-28 E-3 Dated this /_j- day of 'P~(L}1~-u.. ,2005. CITY OF COLUMBIA GHTS, a Minnesota m~cipallorpor tion, Grantor B~l~ Gary PetJson, Mayor By: ~U:l Walter Fehst, City Manager STATE OF MINNESOTA COUNTY OF l\~\.u r< CG } SS. The foregoing instrument was ackno~ledged before me this i 5--- day of b '~wk , 2005, by Gary Peterson, Mayor, and Walter Fehst, City Manager, of City of Columbia Heights, a Minnesota municipal corporation, Grantor, who did say that they were authorized to execute the foregoing instrument on behalf of said corporation. ~. ._J'....w"".:~'..fI-,~,6Nf..""'" PAT~IC!A V. MUSCOVITZ NOTARY PUBliC Mlt~NESOTA My Cornm Expires 01-31.2010 ...~;;.~ THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 RJL-267941 v2 CL205-28 E-4 1:0...--;-', I I I I i Stal= ,1 + I- W 4.W I- (f) Z o (f) 0:::: W LL LL W J 30' TIE N ; III ! l . ! 1 ! i i TEMP. EASEMENT " ~ :I " o :!l ~ :!l ~ ~ 40 I I 20 SCALE: 1"= 40' o I ACCESS EASEMENT I !S i il ~ I j I ~ ~ ~ ~ g il f f g " \1 ~ ~ ~ ~ , '" ;r 2i :i ~ ~ ~ Eli !~f i~! 5. ~ ~~g ~:I K ::.~S :::: ~ ~ #635 39TH AVE PERMANENT EASEMEN2 TEMP. EASEMENT 39TH AVENUE ? .L FILE NO. EASEMENT SKETCH ACOLHT040;3.00 ~ SEH PHONE: (651) 490-2000 3535 VADNAIS CENTER DR. ST. PAUL, MN 55110 EXHIBIT NO. A DATE 8/19/05 COLUMBIA HEIGHTS, MN ~ ~ N E~ L. {) ::::: ~.:.:: ZO 97 + // glc ... + + IZ-- ~O 8L<I~~ ~i~'::; ....lo N rn! + ~ a" .d OJ. ",I + elq 1V7, : :". <: -I>- 011 + J' 37 737' , . ..' ~: I + :;:: 4',70 'w tfJ fTl + ~/"I , , " o l + ~z::--S8 5204 W 161,84---~ q -" +/ --:r-+ .:r--:F" -=F"'"""""'T T-:r- N 9 + + 1+ + + + + + + + + ~ 0""::: + + + + + + + + + + + :I:: 0 --= =- -::. N89'59'19"E -149.64 - - ~ ..... I I ' . I , . ,";.: I (:",': ~ I ,... ... ::r I '" ..... ['1 {() ::0 .0' ::r 'i 0 I ,";..' r I . . " 0 I '< . . 5' '" ,... 0 ::r ..., '" "- :;::fTl . :::! - fTl :f ::c '" en o S,Z (Den ---1 o ::0 o fTl ^fTl ~--1 30.02-'-::::. - _ '-' I -- __ I 19.~ " 'l ~ '\ I '- '\ " '- I I I .~ .... . c::. _ _ _ 058 ~J L. {) ::::: ~:: .," .... ..... o lO the SW cor of Lot 16, Block 1 Note: No Boundory Survey work was performed as to the precise location of this tract. l! I i~! HI JI.... i~. SEH .. i PHONE: (651) 490-2000 3535 VADNAIS CENTER DR. ST, PAUL, MN 55110 ---7 I I 4JZ N89'46'15"E //(30.00 / \ E:~ L.. {) ::::: ~< ..... .....: :: :. ,; :"~::. :: ;... : .....: : n:,. :", :.... ;...: :... t..: ;,.,:: ::::: :...... r': :::.: :.:.: ;..; : .::: . ... ....... :":',::'.::.. ..... :....:.::.::......... i\:'i ~ !',.j i",~ ~::: ;::\ Fl {) L. ! :::'; a line 0.9 feet distant Sly (measured at right angles) from the Nly line of Block 1. the Nly line of Block 1. tfJ o g .lu .lq "<l- f\! C\J- _1'0. <:r...: t i/ FORMER MINNEAPOUS - & SAULT STE. MARIE RAILWAY 0.9 t (~ () L. :..J iVl E:~ ~ /:'" . ... ....... ,. ....... .... o. ......... . :....:.::.::......... ;::::i"'ll:) :::~ tJ E:~ [) l...../ ~ ~;.; ! {) ~'..; () ::' E~ L. (} C: ( 1. ! ~::. ~ (:'; !..!"r :::~ . ...... ,,'.. . .,' :':"i' ~ ;'::i o . . d :...., o 0'0; o. .0 fTllO -"" / /" - Lthe S. line of Block 1 0 lO E:~ ~... {) :: :: r< . ,.' :::~: ::~:~ 'TO ~..~ . . ...... .. :'::'" ....:... ~ ::. r',~ =....: :'. rm q)J~1lJ ... -- ~ V//~ Permanent roadway, drainage and utility easement (150 square feet) Access Easement (6,314,70 square feet) Temporary Construction Easement (4,498.84 square feet) FILE NO. ACOLHT0403.00 DATE 9/2/05 EASEMENT SKETCH #635 39TH AVENUE COLUMBIA HEIGHTS, MN EXHIBIT NO. A