7.0. EDSR 04-10-1995 AGENDA ITEM NO. 7
MESSERLI & KRAMER P. A.
ATTORNEYS AT LAW
WILLIAM F. MESSERLI JOSEPH W. LAWVER
fa ROSS E. KRAMER 1800 FIFTH STREET TOWERS R. TERRI MAN DEL
TOM TOGAS GARY W. BECKER
RONALD B. PETERSON ISO SOUTH FIFTH STREET ANN M. SETNES
MARK S. LARSON JOHN F.APITZ
TIMOTHY J. BAUER
MINNEAPOLIS, LINDA S.JENSEN
ROBERT G. RENNER,JR. M I N N.ESOTA 55402-4218 ANNE L.JOHNSON
GEORGE R.SERDAR LEANNE G. LITFIN
SANDRA L. NEREN (612) 672-3600 MICHAEL L.WEAVER
CHRISTOPHER B. HUNT
WILLIAM B. BUTLER
JAMES C.WICKA FACSIMILE (612) 672-3777 JEFFREY M. ELLIS
DANIEL J. GOLDBERG
MARK A. LEVINE
JOSEPH B. NIERENBERG
AUTHORIZED TO PRACTICE LAW IN MARTIN A. MUENZMAIER
WILLIAM C. HICKS LYNN M. NICHOLS
WILLIAM M. HABICHT MINNESOTA,WISCONSIN,ILLINOIS,FLORIDA AND WASHINGTON. D.C.
PAUL W.ANDERSON
WRITERS DIRECT DIAL NUMBER OF COUNSEL
DANIEL S.KLEINBERGER
672-3644
April 4, 1995
William Rubin VIA MESSENGER
Executive Director
Economic Development Authority for
the City of Elk River
P.O. Box 490
Elk River, MN 55330
Re: Consent to Easement and Maintenance Agreement/Elk River Auto Mall Mortgage
Our File No. 8654-1
Dear Mr. Rubin:
11,
Enclosed please find a copy of the Easement and Maintenance Agreement with language as
agreed to between Guardian Angels Health Services, Inc., an the Elk River Auto Mall L.L.C.
Enclosed please also find a Consent to Easement and Maintenance Agreement for the
Authority's execution.
It is my understanding that Mr. Glenn Bergman, counsel for the Auto Mall, spoke with you
recently about the Easement wherein he communicated his consent to the Easement language.
It is also my understanding based on my previous discussion with you that the Board will
consider this matter on April 10, 1995. The Consent has been changed to properly reflect the
name of the Authority.
Thank you for your continued assistance in this matter. If there is any further assistance we
can provide, please don't hesitate to call.
Sincerely,
i
/ ,.SERL►'!� lis 1, " P.A.
Mart A. ' ue er
Enclosure•
• MAM:par:107178_1
EASEMENT AND MAINTENANCE AGREEMENT
THIS EASEMENT AND MAINTENANCE AGREEMENT ("Agreement"), made and
• entered into effective as of , 1995, by and between Elk River Auto Mall
L.L.C., a Limited Liability Company under the laws of the State of Minnesota, whose
address is 13330 Islandview Drive, Elk River, MN 55330 ("Grantor") and Guardian
Angels Health Services, Inc., a Minnesota corporation, whose address is 400 Evans Street,
Elk River, Minnesota 55330 ("Grantee").
WITNESSETH
WHEREAS, Grantor is the fee owner of the real property located in the County of
Sherburne, State of Minnesota, and legally described on Exhibit A attached hereto
("Grantor Property"); and
WHEREAS, Grantee is the fee owner of certain real property adjoining the Grantor
Property and legally described on Exhibit B attached hereto ("Grantee Property"); and
WHEREAS, Grantor has agreed to grant and convey to Grantee upon the terms
and conditions hereinafter set forth, a non-exclusive easement for drainage and ponding
purposes, including the right to construct, repair and maintain drainage facilities over,
under and across the real property described as follows:
The South 120.00 feet of the North 327.80 feet, as measured at right angles,
of that part of the Northeast Quarter of the Southeast Quarter of Section
34, Township 33, Range 26, Sherburne County, Minnesota, lying west of the
Westerly line of the right-of-way of U.S. Highway 169 ("Easement Parcel);
• WHEREAS, it is the intent of Grantor and Grantee that waterfiow will be directed
through the Grantee Property and into a holding area on the Grantor Property and that
any overflow of water in the holding area will be redirected back to the Grantee Property;
and
WHEREAS, Grantor and Grantee desire to enter into this Agreement to set forth
their respective rights and obligations with respect to such easement.
NOW THEREFORE, in consideration of Ten and no/100 Dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, the parties
agree as follows:
1. Grantor hereby grants, sells and conveys to Grantee, its successors and assigns, a
permanent, non-exclusive easement for drainage and ponding purposes, including the
right to construct, repair and maintain(at Grantee's sole cost and expense) sufficient
drainage facilities over, under and across the Easement Parcel, for the purpose of routing
waterflow through the Easement Parcel, together with a right of ingress and egress on,
over and through the Easement Parcel for any and all purposes necessary and incidental
to the exercise by Grantee of the rights granted hereunder.
2. Grantee shall maintain the Easement Parcel in good condition and repair, and in
accordance with all federal, state and local laws, statutes, regulations and ordinances.
• Any overflow of water in the holding area will be redirected to the Grantee Property and
drainage facilities necessary for such redirection shall also be constructed, repaired and
maintained at the Grantee's sole cost and expense.
3. Grantee agrees to indemnify and hold Grantor, its successors and assigns,
harmless from and against any and all damages, liability, loss,claims, and causes of
action resulting from water damage to structures on Grantee's property from use of the
• drainage system located on the Easement Parcel.
4. The rights and obligations of Grantor and Grantee hereunder shall run with the
land, and shall bind and inure to the benefit of Grantor and Grantee and their respective
heirs, successors and assigns.
5. In the event of a default by either party under this Agreement, the non-defaulting
party shall be entitled to recover from the defaulting party all costs and expenses incurred
in enforcing its rights hereunder including reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties have executed this Agreement this
day of , 1995.
ELK RIVER AUTO MALL L.L.C.,
a Minnesota limited liability
company
By:
John C. Weicht
Its: Executive Vice
President
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this_ day of
1995 by John C. Weicht, Executive Vice President of Elk River Auto Mall
L.L.C., a Minnesota limited liability company.
Notary Public
GUARDIAN ANGELS HEALTH
SERVICES, INC., a Minnesota
corporation
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this_ day of
, 1995 by , of Guardian Health Services,
Inc., a Minnesota corporation.
• Notary Public
EXHIBIT A
•
That part of the NE 1/4 of the SE 1/4, and that part of Lot 9, Block 3,
Auditor's Subdivision Number 5, being in the NW 1/4 of the SE 1/4 of
Section 34, Township 33, Range 26, Sherburne County, Minnesota,
described as follows: Commencing at the southwest corner of said NE 1/4 of
the SE 1/4; thence South 89 degrees 44 minutes 25 seconds West, assumed
bearing, along the south line of said NW 1/4 of the SE 1/4, a distance of
10.00 feet; thence North 0 degrees, 31 minutes, 09 seconds East, parallel
with the west line of the said NE 1/4 of the SE 1/4, a distance of 660.00 feet
to the actual point of beginning; thence South 0 degrees 31 minutes 09
seconds West, a distance of 317.37 feet; thence North 89 degrees 44 minutes
25 seconds East, a distance of 160.68 feet; thence North 0 degrees 31
minutes 09 seconds East, a distance of 267.37 feet; thence North 29 degrees
47 minutes 18 seconds East, a distance of 96.48 feet to the westerly right of
way to U.S. Highway Number 169; thence North 16 degrees 40 minutes 16
seconds West along the said right of way, a distance of 439.39 feet; thence
South 89 degrees 44 minutes 25 seconds West, a distance of 67.98 feet to
the west line of the said NE 1/4 of the SE 1/4; thence South 0 degrees 31
minutes 09 seconds West, along the said west line, a distance of 455.18 feet;
thence North 89 degrees 28 minutes 51 seconds West, a distance of 10.00
feet to the point of beginning. Subject to a utility and drainage easement to
the City of Elk River over the west 15.00 feet thereof and a drainage
easement over the north 120.00 feet thereof. Also subject to a 15.00 foot
• ingress and egress easement that lies westerly of, parallel with and adjacent
to the line that bears North 29 degrees, 47 minutes, 18 seconds East.
EXHIBIT B
•
Lot 1, Block 1, and Outlot E, Guardian Angels Addition, according to the
plat thereof on file and of record in the Office of the County Recorder in and
for Sherburne County, Minnesota.
•
MAM:par:102529_1
CONSENT TO
EASEMENT AND MAINTENANCE AGREEMENT
The Economic Development Authority for the City of Elk River, Mortgagee,
pursuant to a certain Mortgage dated November 29, 1994, and recorded in the Office of
the County Recorder in and for Sherburne County, Minnesota, on January 12, 1995, as
Document No. 304707 in the principal amount of$50,000.00, executed by Elk River Auto
Mall L.L.C., which encumbers the property described on Exhibit A attached hereto, does
hereby consent to the terms and conditions of the foregoing Easement and Maintenance
Agreement.
ECONOMIC DEVELOPMENT AUTHORITY FOR THE
CITY OF ELK RIVER
By: By:
William Rubin Jeffrey Gongoll
Its: Executive Director Its: President
•
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this_day of
, 1995, by William Rubin, the Executive Director of the Economic
Development Authority for the City of Elk River, and Jeffrey Gongoll, the President of the
Economic Development Authority for the City of Elk River, on behalf of the Authority.
Notary Public
•
EXHIBIT A
•
That part of the NE 1/4 of the SE 1/4, and that part of Lot 9, Block 3,
Auditor's Subdivision Number 5, being in the NW 1/4 of the SE 1/4 of
Section 34, Township 33, Range 26, Sherburne County, Minnesota,
described as follows: Commencing at the southwest corner of said NE 1/4 of
the SE 1/4; thence South 89 degrees 44 minutes 25 seconds West, assumed
bearing, along the south line of said NW 1/4 of the SE 1/4, a distance of
10.00 feet; thence North 0 degrees, 31 minutes, 09 seconds East, parallel
with the west line of the said NE 1/4 of the SE 1/4, a distance of 660.00 feet
to the actual point of beginning; thence South 0 degrees 31 minutes 09
seconds West, a distance of 317.37 feet; thence North 89 degrees 44 minutes
25 seconds East, a distance of 160.68 feet; thence North 0 degrees 31
minutes 09 seconds East, a distance of 267.37 feet; thence North 29 degrees
47 minutes 18 seconds East, a distance of 96.48 feet to the westerly right of
way to U.S. Highway Number 169; thence North 16 degrees 40 minutes 16
seconds West along the said right of way, a distance of 439.39 feet; thence
South 89 degrees 44 minutes 25 seconds West, a distance of 67.98 feet to
the west line of the said NE 1/4 of the SE 1/4; thence South 0 degrees 31
minutes 09 seconds West, along the said west line, a distance of 455.18 feet;
thence North 89 degrees 28 minutes 51 seconds West, a distance of 10.00
feet to the point of beginning. Subject to a utility and drainage easement to
the City of Elk River over the west 15.00 feet thereof and a drainage
• easement over the north 120.00 feet thereof. Also subject to a 15.00 foot
ingress and egress easement that lies westerly of, parallel with and adjacent
to the line that bears North 29 degrees, 47 minutes, 18 seconds East.
MAM:par:107040_1
NON-EXCLUSIVE EASEMENT
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