Market Street Station Title File Index-December 2007
Last updated: December, 2007
MARKET STREET STATION
Title File Index
1. Owner's Title Insurance Policy;
2. Quit Claim Deed (MSS & KAI) Recorded 3-6-07 (Doc. No. A 460028)
3. Easement Agreement for Wall and Roof Maintenance (Doc. No. 213638);
4. Easement Agreement in favor ofChanhassen Properties, LLC (Doc. No. 387167) _
amended by Easement Agreement recorded as Doc. 432196
5. Site Plan Permit (Doc. No. 387164);
6. Agreement for Easement for Parking, Access & Passenger Shelter (Doc. No. 387169);
7. Drainage and Utility Easement (Doc. No. 387170);
8. Sanitary Sewer and Watermain Easement (Doc. No. 387171) - amended by
Amendment (Doc. No. 466557);
9. Access Easement Agreement (Bloomberg Parcel) (Doc. No. 387172);
10. Temporary Construction Easement and Maintenance Agreement (Doc. No. 405624);
11. Easement and Maintenance Agreement (Doc. No. 422937);
12. Encroachment Agreement (Doc. No. 426721);
13. Site Plan Amendment 05-33 (Doc. No. 433925);
14. Mortgage (Doc. No. 394201); Partial Release (Doc. No. 432193); Loan, Note and
Mortgage Modification and Assumption Agreement (Doc. No. 465985) _
SEE BANK OF THE WEST LEGAL FILE FOR COPIES (Legal File No. 5394).
CITY OF CHANHASSE~J
PECEIVED
.JAN I 8 2008
CHMJHASSEN pl.AWmJG Df'PT
...\ ~
DOCUMENT CO.VER PAGE
(Reserved for C
Document No. OFFICE OF THE
A 387167 COUNTY RECORDER
1111'111111111111 CARVER COUNTY, MINNESOTA
Filing Fee: $ 31.00 Check#: 33835 '
Certified filed and recorded on 05-20-2004 at 04:00 0 AM~
2004-0S-20
II " 11111 """ I "1/,, II
1>
Carl W. Hanson, Jr.
County Recorder
DOCUMENT TITLE:
~N~~
\
DOCUMENT DATE:
NAMES:
/J- JJ d-;S-
CARVER COUNTY RECORDER/REGISTRAR OF TITLES
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made as of this 7th- day of 4 p r i l
2004, by and between MARKET STREET STATION, LLC, a Minnesota limited liability company
("MSS") and CHANHASSEN PROPERTlES, LLC, a Minnesota limited liability company ("CP").
RECITALS
A. MSS is the owner of a certain parcel of land legally described on Exhibit A which is
attached hereto and made a part hereof (the "MSS Parcel"); and
B. MSS intends to redevelop the MSS Parcel by demolishing the existing structures and
constructing a Retail/Office building and two (2) free standing restaurant buildings thereon with related
parking, driveway and landscaping .improvements (the "MSS Project"); and
C; CP is the owner of a certain parcel of land legally described on Exhibit B which is
attached hereto and made a part hereof(the "CP Parcer); and !F:.(Q;:?W . .
D. CP intends to renovate, and may expand, the movie theat~uilding currently located on
the CP Parcel (the "CP Project"); and
E. The MSS Parcel and the CP Parcel (individually, a "Parcel", or collectively, the
"Parcels") are contiguous and adjacent as shown on the Site Plan attached hereto as Exhibit C and made
a part hereof (the ((Sit~ Plan").
F. MSS and CP each recognize that for the most favorable development, use, operation and
maintenance of the MSS Parcel and the CP Parcel; it is necessary that certain easements be created as
provided herein. Such easements shall run with the land and shall benefit and burden the MSS Parcel
and/or the CP Parcel, as applicable, and the owners thereof from time to time. The terms MSS and CP
shall be deemed to refer to such parties and to the respective heirs, successors, grantees and assigns of
such parties (individually, an "Owner", or collectively, the "Owners").
NOW, THEREFORE, in consideration ofthe mutual covenants and agreements hereinafter set
forth, MSS arid CP hereby grant, covenant and agree as follows:
ARTICLE I
NCS-"51-~Jb~ -MP,LS (ML)
GRANT OF EASEMENTS
Section 1.0 I Access EaSement. MSS hereby grants and conveys to CP a non-exclusive
easement appurtenant to the CP Parcel for the benefit ofCP, its members, managers, governors, agents,
contractors, tenants, employees, mortgagees, customers, invitees, successors and assigns, for ingress and
egress by vehicles and pedestrians over and upon that portion of the MSS Parcel described on Exhibit D
which is attached hereto and made a part hereof (the "Roadway Access Easement Area"). The
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Roadway Access Easement Area and any improvements located thereon shall be maintained by MSS in
a first-class condition at its sole cost, including all surfacing, cleaning, snow removal and other
maintenance. MSS reserves the right to relocate the Roadway Access Easement Area to another
location on the MSS Parcel (the "Relocated Roadway Access Easement Area") if necessary to allow
MSS to add additional improvements to, or alter orreconfigurethe improvements on;tne-M~S-Parcer;
provided that, (a) the Relocated Roadway Access Easement Area shall be relocated, surveyed and
constructed at the sole cost and expense ofMSS, (b) the Relocated Roadway Access Easement Area
shall be relocated and constructed according to applicable requirements of governmental entities having
jurisdiction over the MSS Parcel, (c) the Relocated Roadway Access Easement Area,. (i) shall provide
direct, uninterrupted access to the CP Parcel or an existing easement of record benefiting the CP Parcel
that provides access to the CP Parcel over land that does not include the MSS Parcel and (ii) shall be
located in an area that is reasonably acceptable to CP, and (d) MSS, at its sole cost and expense, (i) shall
execute, together with CP and any other parties whose consent may be required or is reasonably
necessary, a recordable amendment to this Agreement substituting the Relocated Roadway Access
Easement Area for the Roadway Access Easement Area, and (ii) shall obtain and pay for a policy of title
insurance insuring the easement rights in favor of the CP Parcel over the Relocated Roadway Access
Easement Area according to terms reasonably acceptable to CPo
Section 1.02 Parking and Access Easement. MSS hereby grants and conveys to CP a non-
exclusive easement appurtenant to the CP Parcel for the benefit of CP, its members, managers,
governors, agents, contractors, tenants, employees, mortgagees, customers, invitees, successors and
assigns, for ingress and egress by vehicles and pedestrians and for the parking of vehicles over and upon
that portion ofthe MSS Parcel described on Exhibit E which is attached hereto and made a part hereof
(the "Parking and Access Easement Area"). MSS shall continuously maintain within the Parking and
Access Easement Area, and in no event shall the. Parking and Access Easement.Area contain less than,
twenty-five (25) striped parking spaces. In addition, MSS agrees that (i) it shall not grant exclusive
parking rights to any third party over any part of the Parking and Access Easement Area andlor the
parking lot lying within Outlot B, Easy Rider Addition, (ii) it shall not post any signs within the MSS
Parcel that prohibit, or may have the effect of prohibiting, parking by customers of a business located on
the CP Parcel, and (iii) it shall not post any signs within Outlot B, Easy Rider Addition, that limits the
parking within such area for the benefit ofMSS or any other third party, including but not limited to,
any tenant on the MSS Parcel, their customers, employees andlor invitees.
Section 1.03 Temporary Construction Easement. In order to facilitate construction of the
MSS Project and the CP Project, each Owner hereby grants to the other Owner, its respective
contractors, materialmen and laborers, te~porary easements for incidental encroachments upon the
granting party's Parcel which may occur as a result of construction by the other party, so long as such
encroachments are kept within the reasonable requirements of construction work expeditiously pursued
and so long as customary insurance is maintained protecting the granting party's Parcel from the risks
involved. In addition, each Owner hereby grants to the other Owner, its respective contractors,
materialmen and laborers, a temporary license for access, parking, storage and passage over and across
those portions of the grantor's Parcel as shall be reasonably necessary for the construction of all the site
improvements; provided that, such access, storage and passage shall not unreasonably interfere with the
business( es) being conducted on the grantor's Parcel. The foregoing rights of construction-related
storage and passage shall terminate as to a benefited Parcel at such time as the respective construction
work on that Parcel is completed.
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. . .
Section 1.04 pylon Sign. MSS hereby grants and conveys to CP an exclusive easement
appurtenant to the CP Parcel for the benefit of CP, its members, managers, governors, agents,
contractors, tenants, mortgagees, employees, successors and assigns, to cons~~t'_<:)E~r~te and maintain
.. -a~pylon-sign,ineltlding-the-rightiuinsta11, op.erate, repair ancrmafnlamutilrty lines for the operation of
the pylon sign, upon, over and under that portion of the MSS Parcel described on Exhibit F which is
attached hereto and made a part hereof and depicted on Exhibit F-I which is attached hereto and made a
part hereof (the "Sign Easement Area"). A pylon sign substantially conforming to the sign depicted on
Exhibit G which is attached hereto and made a part hereof may be constructed by CP, its contractors
. and agents, within the Sign Easement Area. In addition to containing the name "Chanhassen Cinema",
the pylon sign shall also contain the names "Market Street Station" and "Southwest Metro Park 'N
Ride." CP shall not change the design or appearance of the pylon sign without the prior written consent
ofMSS, which consent shall not be unreasonably withheld, delayed or conditioned. CP shall be solely
responsible for all costs of designing, constructing, operating and maintaining the pylon sign in a first-
class condition; provided that, however, MSS and Southwest Metro Transit Commission shall each pay
its respective share of the cost of placing its name on the pylon sign. MSS reserves the right to relocate
the Sign Easement Area to another reasonably comparable location on the MSS Parcel that provides
substantially similar visibility to Market Boulevard (the "Relocated Sign Easement Area") ifnecessary
tq allow MSS to add additional improvements to or alter or reconfigure improvements on the MSS
Parcel and CP shall relocate the pylon sign to such Relocated Sign Easement Area at the sole cost and
expense ofMSS. MSS shall not construct, place or locate any buildings, improvements, or landscaping
on the MSS Parcel that has, or may have, an adverse effect on the visibility of the pylon sign from
Market Boulevard or the sight-lines to the pylon sign. MSS and CP acknowledge and agree that the
location of the buildings, improvements and landscaping as shown on the Site Plan do not violate the
covenant contained in the foregoing sentence.
MSS grants and conveys to CP a non-exclusive easement appurtenant to the CP Parcel for the
benefit ofCP, its members, managers, governors, agents, contractors, tenants, mortgagees, employees,
successors and assigns, for the construction, installation, repair and maintenance of utility lines for the
operation ofthe py~on sign, upon, over and under that portion ofthe MSS Parcel described on Exhibit F
which is attached hereto and made a part hereof and depicted on Exhibit F-I which is attached hereto
and made a part hereof (the "Utility Easement Area"). The location of the Utility Easement Area shall
be extended or relocated if necessary to allow CP to connect the utility lines servicing the Pylon Sign
with the public utility lines located in a public utility easement or right-of-way and the parties agree to
execute and deliver an amendment to this Agreement revising the description of the Utility Easement
Area accordingly. lfthe Sign Easement Area is relocated to the Relocated Sign Easement Area, the
Utility Easement Area also shall be relocated, ifnecessary, to provide utility service to the pylon sign
located in the Relocated Sign Easement Area. The Utility Easement Area as granted herein, or as
relocated in the future, shall be contiguous to a publicly dedicated utility easement area. MSS grants
and conveys to CP a non-exclusive easement appurtenant to the CP Parcel for the benefit of CP, its
members, managers, governors, agents, contractors, tenants, mortgagees, employees, successors and
assigns, for pedestrian and vehicular access on and over the MSS Parcel to the Sign Easement Area andithe Utility Easement Area (and those othe.r areas if such easement areas are relocated), in order to
construct, install, maintain and repair the pylon sign and the utility lines used for the operation of the
pylon sign.
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Section 1.05 Emergency Exit Easement. As part of the CP Project, CP will be installing
emergency exits in the west exterior wall of the theatre building located on the CP Parcel. MSS hereby
grants to CP a non-exclusive easement appurtenant to the CP Parcel for the benefit ofCP, its members,
managers, governors, agents, contractors, tenants, mortgagees, employees, customers and invitees, upon
and over the MSS Parcel, including the sidewalks, parking areas and driveways existing from time to
time on the MSS Parcel (the "Emergency Exit Easement"), for the sole purpose of vacating the theatre
building in emergency situations through the emergency exits in the west exterior wall of the theatre
building.
Section 1.06 Maintenance Easement. Each Owner hereby grants to the other Owner a non-
exclusive appurtenant easement upon, over and lll1der that portion of the granting Owner's Parcel that (i)
abuts the other Owner's Parcel and (ii) is necessary to allow the other Owner to maintain and repair any
improvements and landscaping located on the other Owner's Parcel. Each Owner agrees to minimize its
use ofthe granting Owner's Parcel for maintenance and repair of its own Parcel, in both area and time of
use, shall not materially adversely interfere with or disrupt the operations on the granting Owner's
Parcel in exercising the rights granted herein and shall repair any damage caused to the granting
. Owner's Parcel.
Secti.on.1.07 Temporary Parking Easement. Contemporaneously with the execution of this
Agreement, MSS, Bloomberg Companies Incorporated, a Minnesota corporation and Southwest Metro
Transit Commission, a joint powers entity established by the cities of Chanhassen, Chaska and Eden
Prairie, have entered into that certain "Agreement for Easement for Parking, Access, and Passenger
Shelter, and Maintenance Obligations" (the "Southwest Metro Transit Easement") whereby Southwest
Metro Transit Commission has been granted certain easements for parking and access, and passenger
shelter, and an easement for the construction of a parking ramp/passenger shelter (the "Ramp"), on land
located to the east of the CP Parcel and upon which the CP Parcel has been granted certain appurtenant
easements for parking and access. If Southwest Metro Transit Commission constructs the Ramp on the
land which is subject to CP's parking and access easement rights, MSS shall grant and convey to CP a
temporary non-exclusive easement appurtenant to the CP Parcel for the benefit ofCP, its members,
managers, governors, agents, contractors, tenants, employees, mortgagees, customers, invitees,
successors and assigns, for access and the parking of vehicles over and upon the parking areas located
on the MSS Parcel (other than the Parking and Access Easement Area) at the time of construction of the
Ramp (the "Temporary Parking Easement"). The Temporary Parking Easement shall begin when the
construction ofthe Ramp begins and shall end when the construction ofthe Ramp has been completed
and the Ramp is open for the parking of vehicles. MSS and CP shall execute, deliver and record
appropriate documents evidencing the creation and expiration of such Temporary Parking Easement if
and when the Ramp is built.
Section 1.08 Easements to be Appurtenant to the "Wall Parcel". At such time as the "Wall
Parcel" described in Section 2.01 of that certain "Termination of Party Wall Agreement" of even date
herewith between MSS and CP has been conveyed to CP, MSS and CP agree to amend Exhibit B to this
Agreement to combine the Wall Parcel with the CP Parcel so that the Wall Parcel benefits from the
easements granted herein that are appurte~ant to the CP Parcel.
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ARTI CLE II
REMEDIES
Section 2.01 Indemnification; Insurance. Each Owner will indemnify, defend and save the
other Owner harmless from and against any and all suits, demands, liabilities, costs and other expenses,
including reasonable attorneys' fees, incurred by the other Owner in cOlU1ection with or arising out of (a)
a breach of this Agreement by the indemnifying Owner, andlor (b) any use of the easements created by
this Agreement by the indemnifying Owner, its employees and contractors, except that the indemnifying
Owner shall have no obligation to so indemnify the other Owner to the extent that such suits, demands,
liabilities, costs and other expenses occur as a result of the other Owner's negligence or intentional acts.
Each Owner shall maintain during the. term of this Agreement public liability insurance (with
reasonable deductibles, taking into account the financial strength of the insured) in at least the amount
of $1 ,000,000.00 per occurrence, which insurance shall name the other Owner, and its mortgagees, as
an additional insured and shall contain a provision stating that the insurance shall not be canceled or
materially modified without at least ten (10) days prior written notice to the other Owner and,.upon
request, shall deliver to the other Owner a certificate of insurance indicating that such Owner has
obtained and maintains the required insurance.
Section 2.02 Self Help; Lien Rights; Disputes.
(a) If any Owner shall default in the performance of an obligation of such Owner (such
Owner being herein called a "Defaulting Owner"), the other Owner (the "Nondefaulting Owner"), in
addition to all other remedies it may have at law or in equity, after twenty (20) days' prior written notice
to the Defaulting Owner and any first mortgagee (or in the event of an emergency after such notice as is
practical under the circumstances), shall have the right to perform such obligation on behalf ofthe
Defaulting.Owner. In such event, the Defaulting Owner shall promptly reimburse the Nondefaulting
Owner the reasonable cost thereof, together with interest thereon from the date of outlay at a rate equal
to the lesser of (i) two percent (2%) in excess of the prime lending or base rate charged by US Bank
National Association for commercial loans of its most preferred commercial customers or (ii) the.
highest rate permitted by applicable law (the "Interest Rate").
(b) Any such claim for reimbursement, together with interest thereon as aforesaid, shall be
secured by a lien on the Parcel and improvements thereon owned by the Defaulting Owner, which lien
shall be effective upon the recording o~ a notice thereof in the Office of the County Recorder of Carver
County, Minnesota. The lien shall be subordinate to any first mortgage now or hereafter affecting the
Parcel ofthe Defaulting Owner (a "First Mortgage").
Section 2.03 Iniunctive and Other Remedies. In the event of a breach by any Owner of any of
its obligations under this Agreement, the other Owner shall be entitled to obtain an order specifically
enforcing the performance of such obligation or an injunction prohibiting any such breach; the Owners
hereby acknowledge the inadequacy oflegal remedies and the irreparable harm which would be caused
by any such breach, and/or to reliefby other available legal and equitable remedies from the
consequences of such breach.
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Section 2.04 Non-waiver. No delay or omission of any Owner in the exercise of any right
accruing upon any default of any other Owner shall impair such right or be construed to be a waiver
thereof, and every such right may be exercised at any time during the continuance of such default. A
waiver by any Owner of a breach of, or a default in, any of the terms and conditions of this Agreement
by any other Owner shall not be construed to be a waiver of any subsequent breach of or default in the
same or any other provision of this Agreement. Except as otherwise specificaIIy provided in this
Agreement, (a) no remedy provided in this Agreement shall be exclusive but each shall be cumulative
with all other remedies provided in this Agreement and (b) aU remedies at law or in equity shaU be
available.
Section 2.05 Non-terminable Agreement. No breach of the provisions of this Agreement shall
entitle any Owner or party to cancel, rescind or otherwise terminate this Agreement, but such limitation
shaU not affect, in any manner, any other rights or remedies which any party may have hereunder by
reason of any breach of the provisions of this Agreement. . No breach of the provisions of this
AgreementshaII defeat or render invalid the lien of any mortgage made in good faith for value covering
any part ofthe Parcels, and arty improvements thereon.
ARTICLE III
NOTICES
Section 3.01 Notices. Any notice, report or demand required, permitted or desired to be
given under this Agreement shall be in writing and shall be deemed to have been sufficiently given or
served for all purposes ifit is mailed by registered or certified mail, return receipt requested, to the
parties at the addresses shown below or at such other address as the respective parties may from time to
time designate by like notice:
If to MSS:
Market Street Station, LLC
c/o Kraus-Anderson Realty Company
4210 West Old Shakopee Road
Bloomington, Minnesota 55437
Attention: Market Street Station Property Manager
Ifto CP:
Chanhassen Properties, LLC
570 Pauly Drive
P.O. Box 514
Chanhassen, Minnesota 55317
Attention: Glenn A. Baird
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ARTICLE IV
MISCELLANEOUS
Section 4.01 Miscellaneous.
(a) If any provision of this Agreement, or portion thereof, or the application thereof to any
person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the
remainder of this Agreement, or the application of such provision or portion thereof to any other
persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid
provision affects the consideration for this Agreement; and each provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
(b) This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
(c) The Article headings in this Agreement are for convenience only, shall in no way define
or limit the scope or cont~n~ of this Agreem~nt, and shall not be considered in any construction or
interpretation of this Agreement or any part hereof
(d) Nothing in this Agreement shall be construed to make the parties hereto partners or joint
venturers or render either of said parties liable for the debts or obligations of the other.
(e) This Agreement shall be binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
Cf) This Agreement may be amended, modified, or terminated at any time by a declaration in
writing, executed and acknowledged by all the parties to the Agreement or their successors or assigns.
(g) This Agreement sets forth all of the covenants, promises, agreements, conditions and
understandings among the parties hereto concerning the easements granted herein.
(h) Wherever and as often as one OWner shall not have paid any sum payable hereunder to
another Owner within five (5) days of the due date, such delinquent Owner shall pay interest on such
amount from the due date to and includfng the date such payment is received by the Owner entitled
thereto, at the Interest Rate defined in Section 2.02(a).
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year first above written.
~TSTREETSTATION,LLC
~
Daniel W. gels a
Its: President
STATEOFMlNNESOTA )
)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this rl25-f.h day of >!111/U'~ '
2004, by Daniel W. Engelsma, the President of Market Street Station, LLC, a Minnesota lImited
liability company, on behalf of said limited liability company.
'!!JfYJ A/L1c/Lc
Notary ubI"
~ .
I~~I
CHA1~HASSEN PROPERTIES, LLC
~,/? ~/
By: U
. Glenn A. Baird
Its: Chief Manager
STATE OF MINNESOTA )
)
COUNTYOFHENNEPm )
The foregoing instrument was acknowledged before me this it[rn day of March, 2004, by
Glenn A. Baird, the chief manager of Chanbassen Properties; LLC, a Minnesota limited liability
company, on behalf of said limited liability company.
, ~d.c.-Y\ (/7 ~
'pL' 1 -(t/uy 11- ((i /lntJ1jju
Notary Public
Drafted by and when recorded
return to:
~;~f~~;::;t~~~t; ,:
James E. Scbmeckpeper
523 South Eighth Street
Minneapolis, Minnesota 55404
M;V;\l..cVi~ lNCORPORATED\M.1rkel Slrcd SL,tion\PurcJuSc'Ocnh-w.cnCmenn Ag.ml.s\E.asCnr:nI ~e'lTrnl. M>s..cn.," ~ (3.18.1)..1 . Q.).DOC
CONSENT
Raymond O. Mithun, Jr., as the holder of a certain TIllrd Party Mortgage, Security Agreement,
Fixture Financing Statement and Assignment of Leases and Rents on the CP Parcel dated March 3,
2004, recorded t1a.rc-h. ,2, <: , 2004, in the office of the County Recorder in and for Carver County,
Minnesota, as Document No. A}; 8 ').5'tr) hereby consents to the provisions of the foregoing Easement
Agreement.
)?;5~ cP,~ 0L (l,
Rayman . Mithun, Jr. /'
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged bef<?re me thi~ :J ~ay of March, 2004, by
Raymond O. Mithun, Jr.
~ ~ JL4-
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Exhibit A
MSS Parcel
Lot Two (2), Block One (1), Chanhassen Mall and Outlots A, Band C, Easy Rider Addition, and
vacated Pauly Drive, as dedicated in the plat of Easy Rider Addition, tnat lies easterly of the following
described line:
Beginning at the northwest comer of Outlot A, said Easy Rider Addition,
thence South 0 degrees 08 minutes 32 seconds West, an assumed bearing,
along the easterly right of way line of Market Boulevard, as dedicated in the
plat of Easy Rider Addition, a distance of 80.22 feet; thence southerly and
southeasterly 339.36 feet along a tangential curve concave to the east having
a radius of 555.82 feet and a central angle of34 degrees 58 minutes 56
seconds, and said line there' terminating.
According to the plats thereof on file and of record in the Office of the County Recorder, Carver
County, Minnesota.
and
Outlots B, C and D, Frontier Cinema Addition; and the West 90.00 feet of the South 13.50 feet and the
East 60.61 feet of the West 150.61 feet ofthe South 3.5 feet of Lot 2, Block 1, Bloomberg 2nd
Addition, Carver County, Minnesota.
[to be re-platted into Lot 1, Block 1, Market Street Station Addition]
Exhibit B
CP Parcel
Lot 1, Block 1, Frontier Cinema Addition, according to the plat thereof on file and of record in the
Office of the County Recorder, Carver County, Minnesota.
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Exhibit D
Roadway Access Easement Area
A 040.00 foot easement the centerline of said easement being described as follows:
Commencing at the northeast comer of Outlot B, Easy Rider Addition, according to the recorded
plat thereof; Carver County, Minnesota; thence South 0 degrees 08 minutes 32 seconds West, an
assumed bearing, along the easterly line of said Outlot B and its southerly extension, a distance of
120.65 feet, to the point of beginning ofthe centerline to be described; thence South 79 degrees 32
minutes 00 s~conds West, a distance of 1.4.1.34 feet; thence westerly and northwesterly 246.09 feet
along a tangential curve concave to the north, having a central angle of36 degrees 05 minutes 55
seconds and a radius of390.59 feet; thence westerly and southwesterly 168.15 feet, more or less,
along a reverse curve concave to the south, having a central angle of 41 degrees 53 minutes 20
seconds and a radius of230.00 feet, to the easterly line of Market Boulevard, as dedicated in the
plat of Easy Rider Addition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin and terminate at the
easterly line of said Easy Rider Addition and the easterly right-of-way line of Market Boulevard.
Exhibit E
Parkin2 and Access Easement Area
The East 102.49 feet of Outlot B, Easy Rider Addition, according to the recorded plat thereof,
Carver County, Minnesota.
Exhibit F
Sign Easement Area:
An easement over, under and across Outlot C, EASY RIDER ADDITION, according to the
recorded plat thereof, Carver County, Minnesota described as follows:
Beginning at the southwest com"er of said Outlot C; thence North 79 degrees 32 minutes 00 seconds
East, assumed bearing along the southerly line of said Outlot C a distance of 22.64 feet; thence
North 10 degrees 28 minutes 00 seconds West a distance of 18.50 feet; thence South 79 degrees 32
minutes 00 seconds West a distance of 30.62 feet to the westerly line of said Outlot C; thence
southeasterly along said westerly line to said point ofbegiIU1ing.
Utility Easement Area:
Together with a 5.00 foot easement over, under and "across said Outlot C, and Pauly Drive, vacated,
as dedicated in said EASY RIDER ADDITION. The center line of said easement is described as
follows:
Commencing at the southwest comer of said Outlot C; thence North 79 degrees 32 minutes 00
seconds East, assumed bearing along the southerly line of said Outlot C a distance of 22.64 feet;
thence North 10 degrees 28 minutes 00 seconds West a distance of 18.50 feet; thence South 79
degrees 32 minutes 00 seconds West a dIstance of 11.44 feet to the point of beginning of the center
line to be described; thence North 17 degrees 51 minutes. 12 seconds West a distance of 105.83 feet
to the intersection of a line parallel to and 5.00 feet north of the northerly line of said Outlot C and
said center line there terminating.
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PROPOSED PYLON SIGN & ELECTRICAL EASEMENT EXHIBIT
Doled thIs 27th doy of February, 2004
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PROPOSED PYLON SIGN & ELECffi/CAL EASEMENT DESCRIPnONS:
An aoe.mant for p~"" .Ign purpo... over, und.r ond ocro.a Outlot C, EASY RIDER ADDITION, occordlng to the
recorded plot theraof. Corvar County. IoIlnna.ot" dascrlbed o. lollows:
BegInning ot the southw.sl corner of sold Oullot C; th.noe North 79 d.graa. 32 mlnula. 00 .aoonds Eo.t,
o..umed boorlng along the loutherly line of laid Oullot C 0 dlstancs 01 22.64 feet; thsnco Notih 10 degr.a.
28 mlnut.. 00 ..cona. Wesl 0 ell.lonce of 16,50 feet: thence South 79 d.greee 32 minute. DO second. Wa.t
o dlalonca of 30.82 foot to tho we.torly Iln. of .old Outlot C; thanca ,southeasterly along sold westerly line
to aald point of baglnnlng_
Tog.thar with a 5.00 fool aaa.menl lor el.olrlool pUrpo.a. ovar, under and "01"000 aald Oullot C, and Pauly
Drive, vocoted, os dodlcoted In sold EASY RIDER ADDITION, Tho canlor Iln. of laid ea.ement 10 de.c,lb.d 00
follow.:
Commencln9 at the southwest corner of aold Outlot Cj thence North 79 dCIIJrees 32 mInutes 00 seconds EO$t,
oe.um.d beorlng olonO tho loutharly IIna of- lold Outlol C a dlotonce 01 22.64 fa.\J thance North 10 degre.,.
26 mInutes 00 s.cond. W..l a distance of 1~_50 fe.l; lhence South 79 dagr.aa 32 minute. 00 sacond. We.l
o dIstance of 11.44 feet to lhe poInt of beginning of the cent.r line to b. d..cribad; thence North 17
degra.,. 51 mlnuta. 12 .acond. W..t 0 dl.tonc. of 105.63 faet to the Intereectlon 01 0 line parallel to ond
5.00 f.et north of the northarly IIns or sold Outlot C and .old cenlar line there termlnotlng_
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51\!CCO EMBOSED METAL PANEL
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MAINE SIGN CABINET WITH
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CHANa LETTERS
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INDIVIDUAL OPEN FACE /lEON --'-1 t CINEMA
CHANNEL LETTERS ON PAEANISHED .... ... . . .
METAL SIGN CABINET .
(DOUBLE FACE SIGN)
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THE:,!: OIl/MII'IOS ANI) ::;PL:CIFICATIOWl
/l.FH-: THE PHOPI:IH\' Of ATTflACTA GlGN.
or;; ~..t"lI'llu IU"'UI. ttr;.WIl1~I~ Itl .111)'1:\1111 ,~, Ihu p\,lq)Q'::I~ ';1' 'lIl;....."I!I bl:.lll. 1)( hi.
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CHANHASSEN CINEMA
MARKET STREET STATION
REVISION 1/4 12/9/03
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AMEND~ffiNTTOEASEMENTAGREEMENT
,- -0
THIS AMENDMENT is effective as of the I::::. day of December, 2005, (the
"Effective Date") and is made by and between MARKET STREET STATION, LLC, a
Minnesota limited liability company ("MSS") and CHANHASSEN PROPERTIES, LLC, a
Minnesota limited liability company ("CP").
RECITALS
A. MSS .is the owner of a certain parcel of land legally described on Exhibit A to this
Amendment (the "MSS Parcel "); and
B. CP is the owner of a certain parcel of land legally described on Exhibit B to this
Amendment (the "CP Parcel "); and
C. MSS and CP are parties to that certain Easement Agreement dated April 7, 2004,
recorded May 20, 2004; in the office of the County Recorder in and for Carver
County, Minnesota, as Document No. 387167 ("Easement Agreement"); and
D. The Easement Agreement creates certain easements over the MSS Parcel for the
benefit of the CP Parcel; and
E. MSS has conveyed to CP the "Wall Parcel" as described in Section 1.08 of the
Easement Agreement; and
F. The parties wish to amend the Easement Agreement to (i) revise the legal description
of the MSS Parcel to exclude the "Wall Parcel", (ii) revise the legal description of
the CP Parcel to include th~ "Wall Parcel", and (iii) revise the legal description of the
"Sign Easement Area" referred to in Section 1.04 of the Easement Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged,
the parties hereby agree that the Easement Agreement shall be and hereby is amended as
follows:
1. The legal description of the MSS Parcel shown on Exhibit A to the Easement
Agreement shall be and hereby is deleted and shall be and hereby is replaced by the legal
description shown on Exhibit A to this Amendment. From and after the Effective Date of
this Amendment, the phrase "MSS Parcel" as used in the Easement Agreement shall mean
the real property described on Exhibit A to this Amendment. The legal description of the
CP Parcel shown on Exhibit B to the Easement Agreement shall be and hereby is deleted
and shall be. and hereby is replaced by the legal description shown on Exhibit B to this
Amendment. From and after the Effective Date of this Amendment, the phrase "CP Parcel"
as used in the Easement Agreement shall mean the real property described on Exhibit B to
this Amendment.
2. The legal description of the "Sign Easement Area" (referred to in Section
1.04 of the Easement Agreement) set forth on Exhibit F to the Easement Agreement is
hereby deleted and shall be and hereby is replaced by the legal description shown on
Exhibit F to this Amendment. In addition, the depiction of the "Sign Easement Area"
shown on Exhibit F-I to the Easement Agreement is also hereby deleted and shall be and
hereby is replaced by the depiction shown on Exhibit F-l to this Amendment. From and
after the Effective Date of this Amendment, the phrase "Sign Easement Area" as used in the
Easement Agreement shall mean the area legally described on Exhibit F to this Amendment
and as depicted on Exhibit F-1 to this Amendment.
3. The legal description of the Utility Easement Area as set forth on Exhibit F
to the Easement Agreement and depicted on Exhibit F-1 to the Easement Agreement
remains in full force and effect and is not modified, altered or amended in any way by this
Amendment.
4. Except as modified by this Amendment, the original terms of the Easement
Agreement remain in full force and effect and are hereby ratified by the parties.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
. t . n;: WITNESS lVFiER.soF, the undersigned have signed this Amendment with the
In ent to e legally bOUnd by its tenns as of the date first Written ahove.
MA.RKET STREET STA TION, LLC
Its:
STATE OF MINNESOTA
COUNyYOF~
)
)
)
4_,..T~eforegoing instIurnent Was aCknowledged before me this 15..z;..,day of
:.i! ~ 2005 by Dan. I W E ____
a Minnesota limit~d liab'.ft 1e .. ngelsma, the President of Market S treet Station, LLC,
11 Y COmpany, on behalf of said limited liability Company.
CHANHASSEN PROPERTIES, LLC
By:
~~ /7 ~ ' d"
~~K/~
Glenn A. Baird
Its: Chief Manager
STATE OF MINNESOTA )
)
COUNTY OF f/~JJtIl.. )
T\~ The foregoing instrument was acknowledged before me this 15-17-.-dayof
I c1C~ 2005, by Glenn A. Baird, the Chief Manager of Chanhassen Properties,
LLC, a Minnesota limited liability company, on behalf of said limited liability company.
~~
Not y ublic
THIS INSTRUMENT WAS DRAFTED BY:
ELIZABETH A. BAIRD
Notary Public
Minnesota
UyCommission Expires January 31,2010
James E. SChmeckpeper, Esq.
523 South Eighth Street
Minneapolis, Minnesota 55404
Y:II.cga'VIM.M^RY\K^ INCORI'OR^n:ll\Markel Street Station\l'urehax'^mendmentln Easement ^g CCI.E^N 12.L1.II~).doe
EXHIBIT A
"MSS PARCEL"
Lot 1, Block 1, Market Street Station, according to the plat thereof on file and of record in the
office of the County Recorder in and for Carver County, Minnesota, except that part lying
Easterly, Southerly, Easterly and Northerly of the following described line:
Commencing at the most southeasterly corner of Lot 1, Block 1, Market Street Station; thence
North 00 degrees 08 minutes 32 seconds East, assumed bearing, along the most easterly line
of said Lot 1 a distance of 147.78 feet; thence South 89 degrees 53 minutes 01 seconds West a
distance of 102.49 feet; thence North 00 degrees 03 minutes 20 seconds West a distance of
281.41 feet; thence South 89 degrees 56 minutes 40 seconds West a distance of 0.61 feet;
thence North 00 degrees 03 minutes 20 seconds West a distance of 1.14 feet; thence South 89
degrees 56 minutes 40 seconds West a distance of 4.1 0 feet to the point of beginning of the
line to be described; thence South 00 degrees 03 minutes 20 seconds East a distance of 1.79
feet; thence North 89 degrees 56 minutes 40 seconds East a distance of 2.62 feet; thence
South 00 degrees 03 minutes 20 seconds East a distance of 209.97 feet; thence North 89
degrees 56 minutes 40 seconds East a distance of 2.10 feet more or less to the intersection of
the east line of said Lot 1 and said line there terminating. .
EXHIBIT B
"CP PARCEL"
Lot 1, Block 1, Frontier Cinema Addition, according to the plat thereof on file and of record
in the office of the County Recorder, Carver County. Minnesota.
and
That part of Lot l. Block 1, Market Street Station, according to the recorded plat thereof on
file or of record in the County Recorder's office in and for Carver County, Minnesota, lying
easterly, southerly, easterly and northerly of the following described line:
Commencing at the most southeasterly corner of Lot l, Block 1, Market Street Station; thence
North 00 degrees 08 minutes 32 seconds East, assumed bearing, along the most easterly line
of said Lot 1 a distance of 147.78 feet; thence South 89 degrees 53 minutes 01 seconds West
a distance of 102.49 feet; thence North 00 degrees 03 minutes 20 seconds West a distance of
281.41 feet; thence South 89 degrees 56 minutes 40 seconds West a distance of 0.6 1 feet;
thence North 00 degrees 03 minutes 20 seconds West a distance of 1.14 feet; thence South 89
degrees 56 minutes 40 seconds West a distance of 4. lO feet to the point of beginning of the
line to be described; thence South 00 degrees 03 minutes 20 seconds East a distance of 1.79
feet; thence North 89 degrees 56 minutes 40 seconds East a distance of 2.62 feet; thence
South 00 degrees 03 minutes 20 seconds East a distance of 209.97 feet; thence North 89
degrees 56 minutes 40 seconds East a distance of 2.10 feet more or less to the intersection of
the east line of said Lot 1 and said line there terminating.
EXHIBIT F
Sign Easement Area:
An easement for pylon sign purposes over, under and across that part of Lot I, Block I,
Market Street Station, according to the recorded plat thereof, Carver County, Minnesota,
described as follows:
The Westerly 26.00 feet of the Northerly 16.00 feet of the Southerly
42.00 feet of said Lot I.
PROPOSED PYLON SIGN EASEMENT EXHIBIT
Dated this 28th day of October, 2005
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PROPOSED PYLON SIGN EASEMENT DESCRIPnON:
An easement for pJion sIgn purposes' over, under and across Lot I, Block 1. MARKET SlREET STAllON.
according to the recorded plat thereof. Carver County, Minnesota described os follows:
The Westerly 26.00 feet of the Northerly 16.00 feet of the Southerly 42.00 feet.
CONSENT
Raymond O. Mithun, Jr., as the holder of a celtain Third Party Mortgage, Security
Agreement, Fixture Financing Statement, and Assignment of Leases and Rents on the CP Parcel
dated March 3, 2004, recorded March. 25, 2004, in the office of the County Recorder in and for
Carver County, Minnesota, as Document No. 382590, hereby consents to the provisions of the
foregoing Amendment to Easement Agreement.
RayWM~~}~
State of Minnesota )
) ss
County of Hennepin )
The foregoing instrument was acknowledged before me this 16~ay of December, 2005,
by Raymond O. Mithun, Jr.
~~
Nota ubhc
$
ELIzABETH A. BAIRD
Notary Public
Minnesota
My Commission ~ 31,201D
CONSENT
Bank of the West, as successor to Community First National Bank, as the holder of that
certain Mortgage, Assignment of Rents, Security Agreement, and Fixture Financing Statement on
the MSS Parcel dated July 1,2004, recorded August 12,2004, in the office of the County
Recorder in and for Carver County, Minnesota, as Document No. 394201 (the "Mortgage"),
hereby consents to the provisions of the foregoing Amendment to Easement Agreement and
agrees that the Mortgage is subj ect to this Amendment to Easement Agreement.
, ~J
i ,;ff711~& rv1 ~dJb
~Connie M. Boevers ~ I
.1
State of Minnesota
KRISTA L. BELL
~;;". Notary Public - Minnesota
My Commission Expires Jan. 31. 2010
)
) ss
County of Dakota ) .
,jf.,.
The foregoing instrument was acknowledged before me this / (I) d~ of December, 2005,
by Connie M. Boevers, the Vice President of Bank of the West, a S(/;, (f.. f:f':T,i!/i~' ::Xi'.~;:-,f];i7j":~.'-1
onbehalfofBankoftheWest..,(/ -( _~ / t{j/::i ,:.,./ .
y)/;7. , , ;;
", , J J /1 U / i g
vJ, l :-'/.
" ot?l)' Public
, /
L/
" \'\
Document No, OFFICE; OF THE
A 387169 COUNTY RECORDER
1111111111111111111111111111111111111111 :::~:eR$ C~1UO:~h~:N :::: A
Certified filed and recorded on 05-20-2004 at 04:00 0 AM~
1111111111111111111111111~j~l~ 11111111111111111111II1
!)>
Carl W. Hanson, Jr.
County Recorder
. .
AGREEMENT.FOR EASEMENT
,FOR
PARKING, ACCESS, AND PASSENGER SHELTER,
AND
MAINTENANCE OBLIGATIONS
~p '~'\/7
~b u Ii
This Agreement for Easement for Parking, Access, and Passenger Shelter,
and Maintenance Obligations, hereafter referred to as "Agreement", is made
this 7'fh
day of 4ral L , 2004, by and between:
Market Street Station, LLC, a Minnesota Limited Liability Company,
hereinafter referred to as "Market Street Station"; and by
Bloomberg Companies Incorporated, a Minnesota corporation,
hereinafter referred to as "Bloomberg"; and by
Southwest Metro Transit Commission, a Joint Powers Entity established
by the Cities of Chanhassen, and Chaska, and Eden Prairie, hereinafter
. .
referred to as "Southwest Metro Transit".
WHEREAS, this Agreement involves certain property located in the City
of Chanhassen, County of Carver, State of Minnesota; and
\JCS. .m,11'0~ -M.PlS (ML)
, .
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WHEREAS, Market Street Station is the owner of that certain parcel of
real estate located in the County of Carver, State of Minnesota, legally
described as follows, to-wit (the "Market Street Station Parcel"):
See attached Exhibit A;
and;
WHEREAS, Bloomberg is the owner of those certain parcels of real estate
located in the County of Carver, State of Minriesota, legally described as
follows, to-wit (the "Bloomberg Parcels"):
See attached Exhibit B;
a,nd
WHEREAS, Southwest Metro Transit currently has an easement for
parking, access, and passenger shelter on the Market Street Station Parcel,
evidenced by document entitled "Permanent Easement Agreement", dated the
15th day of January, 1992, and filed on the 4th day of February, 1992 as
Document No. 131809, in the Office of the County Recorder, Carver County,
Minnesota; and
WHEREAS, Market Street Station, Bloomberg, and Southwest Metro
Transit seek the relocation of said easement for parking, access, and passenger
shelter and the termination of current easements granted in said Document
No. 131809; and
2
WHEREAS, Bloomberg agrees to provide an easement on a part of said
Bloomberg Parcels for passenger shelter and parking and access on terms and
conditions herein set forth; and
WHEREAS, Market Street Station agrees to provide an easement on a
part of the Market Street Station Parcel for access to the Bloomberg Easement
Areas (as hereinafter defined) on terms and conditions herein set forth;
NOW, THEREFORE, in consideration of the foregoing premises, and in
consideration of the mutual promises and covenants herein set forth, and for
one dollar and other good and valuable consideration, the receipt and
suffic~ency of which is hereby acknowledged, the following Agreement for
Easement for Parking, Access; and Passenger Shelter, and Maintenance
Obligations is hereby duly made, executed, and recorded.
1. ACCESS EASEMENT - GRANT BY MARKET STREET STATION.
(a) Easem.ent Grant - Vehicular Access to Passenger Shelter and
Parking Area.
Market Street Station hereby grants to Southwest Metro
'1'~ar<<"'~4- ';"'s ;,?",,\"T';+OL:)t'" T"r)C""C"'a.~NO"""C" rn,osts ago.,....+C" 0T"'trl rr\nf-rQ,...+orc- ~ nron
1.1. .10.l\.,.L\. ~~.LY.L"'\",","':>, pGt.00'-.a..L5\...J,.~, 5\....4.\,...0 , -"'.1..&.\.0', (...U"I.\..l \,.,.Ov......"".............,,'" .LU,~"" V -
exclusive easement for vehicular access on, over and across that portion of the
Market Street Station Parcel, described on attached Exhibit A-I
("Market Street Station Access Easement Area" ).
(b) Easem.ent Grant - Pedestrian Access to Passenger Shelter and
Parking Area.
Market Street Station hereby grants to Southwest Metro
Transit, its invitees, passengers, guests, agents, and contractors, an easement
3
for pedestrian access on, over, and across the Market Street Station Access
Easement Area.
2. EASEMENT - GRANT BY BLOOMBERG.
(a) Easement Grant - Vehicular and Pedestrian Access to
Passenger Shelter and Parking Area.
Bloomberg hereby grants to
Southwest Metro Transit, its invitees, passengers, guests, agents, and
contractors, anon-exclusive easement for vehicular and pedestrian access,
ingress and egress, for purposes of access to the parking areas and to the
Bloomberg Passenger Shelter Easement Area on, over and across that portion
of tbe Bloom~erg. Parcels described on attached Exhibit C (the "Bloomberg
Easement Areas"), except any portions of such easement areas that might be
used for parking, curbs, or landscaping, and excepting also from the vehicular
easement, walkways for pedestrians (collectively the "Access Easement Areas").
(b) Easement Grant - Parking.
Bloomberg hereby grants to Southwest Metro Transit, for use by
Q,...,,+1-.-.nos+ l\Jfo+...n 'T'r"",....s;f- ;+c:- ;"",,,;+oP$ ......qsc-p-nrrArc- m,p~tt:' arrp.....+c:;, <;>......,-1
,"-,V\...l.\..L..l""'-". t.. ,U'.l.\.,.....a.v J...J.CLl~ J.\.) .LL.\J ..l..&.AY.a.,-v\,.r ,,1JU vv..L....&_.LU, t::;,'^_V\,.V) 6""".......11.."") ~...\",6.
contractors, an easement for parking of motor vehicles, on those certain
easement areas as described on attached Exhibit C (the "Bloomberg Easement
Areas"), except any such portions of such easement areas that might be used
for driveway, curbs, landscaping, walkways, or vehicular or pedestrian access,
ingress, and egress (collectively, the "Parking Easement Areas").
Said parking easement is to be used by the invitees, passengers, guests,
agents, and contractors of Southwest Metro Transit only for convenience and
4
access to the Bloomberg Passenger Shelter Easement Area (Exhibit D) for the
purpose of their use of Southwest Metro Transit bus services.
(c) Easement Grant - Passenger Shelter.
Bloomberg hereby grants to Southwest Metro Transit, its invitees,
passengers, guests, agents, and contractors, an easement for the construction,
maintenance, and operation of a passenger shelter, on that certain easement
area as described on attached Exhibit D (the "Bloomberg Passenger Shelter
Easemen t Area").
(d) Easement Grant - Bus Ingress and Egress.
Bloomberg hereby grants to Southwest Metro Transit an easement for
bus ingress and egress to and from the Bloomberg Passenger Shelter Easement
Area, on, over, and across that certain easement area as described on attached
Exhibit E (the "Bloomberg Bus Ingress and Egress Easement Area").
3. CURRENT EASEMENT - CONTINUATION AND TERMINATION.
(a)
Termination.
As consideration for the granting of the
Easements herein, Southv.'est !-.1etro Transit has executed 8-Tld delivered to
Market Street Station a termination of Easement Agreement of even date
herewith pursuant to which the current easelnent will be terminated
effective as of the "Termination Date" as defined in said Termination of
Easement Agreement.
(b) Continuation. Market Street Station will permit the
continuation of the use by Southwest Metro Transit of the easements as
5
described in said Document No. 131809 until the prescribed Termination
Date.
4.
DURATION. .
The easements herein created shall continue in
perpetuity, except as otherwise provided herein.
5.
NON-EXCLUSIVE.
The easements granted herein shall not be
exclusive.
In addition to current uses, each of Market Street Station and Bloomberg
reserves unto itself the right to grant additional non-exclusive easements and
may from time to time grant non-exclusive easements to others, said
easements and use to be not substantially in conflict with the terms hereof,
and not of a nature to prohibit the use by Southwest Metro Transit of the
easements herein granted.
Notwithstanding the foregoing provisions of this section 5, Bloomberg
shall grant no other easements or permission for parking in the Parking
Easement Areas that would allow parking between the hours of 6:00 AM and
1 f).no 1\T",....,.... '1"'1-..;", ....p"'+r-ir-t-i,......... ",1-..011 TlAt- OnnhT A,.... .Q0+".,..r'!OnQ Sllnr'!O"t7Q l-rAlid~n7Q
..LLI.U J,.'tVV.J.J.. ..l..l.&.J.v "'''V\...LJ.'''''-.A.\,J.&...&. U.&.J.~ ....&.v~ (A.f-'p.&.J V.I.... .......,{..I..\.\A...\"..o&.........J'-', -...........'-'Jv, .&...._~ -J-'
and days upon which Southwest Metro Transit does not operate its Bus Service
or its Park and Ride facility. Bloomberg's obligation to include this restriction
on parking in any grant of parking easement rights shall cease upon any
termination of Southwest Metro Transit parking easement rights.
6.
BINDING EFFECT.
This Agreement for Easement for Parking,
Access, and Passenger Shelter, and Maintenance Obligations shall be binding
upon and inure to the benefit of Bloomberg, Market Street Station, and
6
Southwest Metro Transit and their respective successors and assigns, subject
to restrictions of Section 17. hereof.
7. MAINTENANCE; MAINTENANCE
TAXES_AND SPECIAL ASSESSMENTS
PARCELS.
(a) Bloomberg shall keep and maintain, or cause to be kept and
maintained, the Bloomberg Easement Areas, except the Bloomberg Passenger
Shelter Easement Area, in a manner consistent with the easements herein
EXPENSE; REAL ESTATE
BLOOMBERG EASEMENT
granted, including, all surfacing, cleaning, striping, snow removal, repaIr,
resurfacing, reconstruction, and all other maintenance.
(b) Southwest Metro Transit shall reimburse Bloomberg Fifty Percent
(50%) of the cost of the aforesaid maintenarlce, including all cleaning, striping,
snow removal, repair, resurfacing, and reconstruction, and other maintenance.l
which amounts shall be paid within thirty (30) days of invoicing.
[c] Southwest Metro Transit shall cooperate with and assist
Bloomberg i..11 t.l}e obt~iT'!i..Tlg ~md maintaining of tax exempt status for the
Bloomberg Easement Areas, and any out of pocket expenses shall be the
responsibility of Bloomberg.
Southwest Metro Transit shall have no obligation to pay a share of
the real estate taxes and special assessments levied upon the Bloomberg
Easement Areas.
7
(d) Southwest Metro Transit shall indemnify and hold Bloomberg,
and Bloomberg's mortgagee holding a first mortgage lien on any of the
Bloomberg Easement Areas from time to time, harmless from all claims,
demands, damages, costs and expenses, including reasona,ble attorney's
fees, arising from acts or omissions of Southwest Metro Transit, its
agents, employees, officers, and contractors, in its use of the easements
granted herein.
(e) Bloomberg, its successors and assigns, shall indemnify and hold
hannless Southwest Metro Transit from all claims, demands, damages, costs
and expenses, including reasonable attorneys. fees, arising from ~c:ts or
omissions of Bloomberg, its agents, employees, officers, and contractors, in its
use of the Bloomberg Easement Areas.
(f) Southwest Metro Transit and Bloomberg each shall maintain
commercially reasonable liability insurance covering the uses by each of the
easement areas, the minimum dollar liability coverage of which shall be not
less tha.T! the then current, from time to time,
<:It!:lhltnr1hT nprrnittpr1 li!:lhilitu nf
w.............-...---..J .t""-..--..........""-...... -....-----....J --
Southwest Metro Transit.
Each shall name the other as additional insured under its policy or
policies of liability insurance.
(g) Southwest Metro Transit shall construct, insure, maintain, repair,
replace, as required, the Passenger Shelter and the Bloomberg Passenger
Shelter Easement Area. Southwest Metro Transit shall be allowed access,
together with its employees and contractors and necessary equipment for any
8
such purposes. Upon termination of its use, Southwest Metro Transit shall
remove the Passenger Shelter and restore the area to a condition equivalent to
the area surrounding the shelter location.
Such construction, maintenance, and removal shall be without
cost or obligation to Bloomberg.
8. MAINTENANCE - MARKET STREET STATION EASEMENT
PARCELS.
(a) Market Street Station shall keep and maintain, or cause to be kept
and maintained, the Market Street Station Access Easement Area in a manner
consistent with the easements herein granted, including,. but not in limitation.
of the foregoing, all surfacing, cleaning, snow removal, and all other
maintenance.
(b) Southwest Metro Transit and Market Street Station each shall
maintain commercially reasonable liability insurance covering the uses by each
of the Market Street Station Access Easement Area, the minimum dollar
liabilit'j coverage of which shall be not less Ll}a..Tl the Ll}e!! curre!!t, from tiIne to
time, statutorily permitted liability of Southwest Metro Transit.
Each shall name the other as additional insured under its policy or
policies of liability insurance.
(c) Southwest Metro Transit shall indemnify and hold Market
Street Station, and any first mortgagee holding a first mortgage lien on
the Market Street Station Access Easement Area,
9
harmless from all claims, demands, damages, costs and expenses,
including reasonable attorney's fees, arising from acts or omissions of
Southwest Metro Transit in its use of the Market Street Station Access
Easement Area.
Market Street Station, its successors and assigns, shall indemnify and
hold Southwest Metro Transit harmless from all claims, demands, damages,
costs and expenses, including reasonable attorneys fees, arising from acts or
omissions of Market Street Station in its use of the Market Street Station
Access Easement Area.
9. REGULATIONS'.' Bloomberg, as to.. .the Bloomberg Easement
Areas, and Market Street Station, as to the Market Street Station Access
Easement Area, reserve the right to impose rules and regulations for the
control and management of the parking and access in the easement areas
owned by each, and may from time to time impose such rules and regulations,
which rules and regulations shall be fair and reasonable; shall not be
SUbSta.71t:iall~l ad,\7erse to the interests of South,\x.rest !v!etro Transit; a.1'J.d shall net
be inconsistent.with the terms hereof.
Southwest Metro Transit, their invitees, passengers, guests, agents, and
contractors, are not allowed to use the easement areas in any manner not in
compliance with applicable statutes, ordinances, regulations, and laws.
10. OWNER'S INTERRUPTION. The use and benefit of the easement
herein created may be interrupted by the owner of an easement areas as might
be reasonably required for construction, repair, maintenance, prevention of
10
acquisition of prescriptive rights by persons other than the respective owners of
parcels herein described, and casualty and other similar causes, whether the
cause be voluntary or beyond the control of the owner; provided however, any
interruption shall not be substantially adverse to the interests of Southwest
Metro Transit and shall not be inconsistent with the terms hereof.
11.. AMENDMENT. This Agreement for Easement for. Parking,
Access, and Passenger Shelter, and Maintenance Obligations may be amended
only by a written agreement duly executed and delivered by the owners of the
easement areas herein described and Southwest Metro Transit.
12. NON-MERGER. It is the intent of the Parties hereto that,
notwithstanding the common ownership of one or more lots or parcels by one
person or entity, now or for the duration of the easements, there shall be no
merger of the fee and the servitude so as to cause the elimination of any
easement herein created and declared.
13. SUBSTITUTION OF BUS EGRESS ROUTE.
If Bloomberg determines that a reasonable alternate route,
sufficient for bus travel, should be established from the Passenger Shelter area
northerly to West 78th Street, the parties agree that this Agreement will be
amended to create an easement for bus egress to West 78th Street over a new
easement area and the easement area for bus egress as provided herein may be
amended or released. Any change, release or amendment of the existing egress
easement area shall be established by appropriate documents reasonably
11
agreed upon by the parties and their counsel, said documents shall be In
recordable form and shall be recorded at the expense of Bloomberg.
14. PERMITS.
Southwest Metro Transit covenants that it will
obtain any and all necessary permits for any improvements on the Bloomberg
Passenger Shelter Easement Area.
15. CESSATION BY SOUTHWEST METRO TRANSIT OF USE OF
EASEMENTS.
If Southwest Metro Transit shall cease, terminate, or
abandon its use of any of the easements herein granted, for a period of One
Hundred Eighty (180) consecutive days, the easements granted herein shall
terminate and all rights of Southwest Metro Transit herein shal~ .terminate,
unless Southwest Metro Transit records in the Office of the County Records,
Carver County, Minnesota, a document certifying to the continued use of and
necessity for said easements and notifies the owners of the respective parcels of
such recording within said 180 days [hereinafter referred to as "Certificate of
Continuing Use"], together" with resumption of said usage of the easement for
h",.... t""'lo,.-r:,...'.'\. __A _,...,_1~ r"Io.,...."ri ...-:,.,t.o "~o-a+..;I"'\""-- ....,.~+"h;....... 1 Qf"'\ ,.1,.....,.,..C' ,,"",of rA""l"'\rr1~T"'lrr 'h""T
uu..::> v\"....1Vi\,..\... aJ..L\.J. pQ.1~ Q.J..1U i.1\..L\" Vp\...J. U.VJ..l. 'iY.l.W.U..l.I. ..L.VV UGc.yv V.l J.,",,,",V.1U..L.1.J.5 IJJ
Southwest Metro Transit of said Certificate of Continuing Use.
Evidence of termination may be recorded by affidavit of the owner of the
title to an easement parcel.
Notwithstanding the foregoing, in the event of casualty and rebuilding, or
casualty and clearing of the site, Southwest Metro Transit shall be allowed
such additional time, after its recording of a Certificate of Continuing Use, as
required, if Southwest Metro Transit is proceeding with reasonable, diligent,
12
and good faith efforts, to accomplish the same, without loss of its easement
rights hereunder. Further, any such rl:storation or clearing shall be subject to
interruption by force ma;eure, and shall be subject to reasonable extension of
time to Southwest Metro Transit if such. extension is necessary and Southwest
Metro Transit is proceeding with diligent and good faith efforts to complete its
work.
16. No Third-Party Benefit. Nothing herein shall be construed to,
and none of the parties hereto intend to, create any legal right or claim in any
person, firm, or entity other than the signatory parties hereto or other than a
person or entity as specifically identified herein. No benefit to any other third
party is intended. No donation, ~edication, or creation of any public right is
intended or to be created from this Agreement.
17. ASSIGNMENT PROHIBITED.
Neither
Southwest
Metro
Transit, nor any successor nor assignee, may assign its rights hereunder
except to a public governmental entity for use as set forth herein. No other
"c-ec- 0"""" .....prrn;i-t""r'l
\A,U v ~ "" .I:'"'"....~..a...L...."''"'~.
18. PARKING RAMP CONTINGENCY AND AMENDMENT OF
EASEMENT.
(a) The parties contemplate the construction of a parking ramp for the
accommodation of the Southwest Metro Transit passengers, a passenger
shelter, and possible future commercial uses..
(b) Bloomberg does hereby grant to Southwest Metro Transit a valid and
enforceable permanent easement on a parcel of land in the City of Chanhassen,
13
within the "Bloomberg Easement Areas", as identified in sub-section 18. (b) (i)
below.
(i) The area upon which Southwest Metro Transit shall have an
easement for construction of a parking ramp is that part of Parcell and Parcel
2 of the Bloomberg Easement Areas [Exhibit C ] that lies easterly of the
Westerly Ramp Line as set forth on Exhibit F. No part of said Ramp shall be
constructed westerly" of. said Westerly Ramp Line.
(ii) Mutually acceptable access for vehicles, buses, and passengers
would be provided within the Bloomberg Easement Areas, with appropriate
easements.
(iii) Plans and specifications for the ramp, its location, and its
construction shall be subject to the mutual written approval of Bloomberg and
Southwest Metro Transit, which approval shall not be unreasonably withheld
by either Bloomberg or Southwest Metro Transit.
(iv) If requested by Bloomberg pursuant to Section 18. (b) (vi), the
....0........"" coh-::>l1 ha"'PP c>"ff1r-;p""t- f"r\l1""d-::>t-;l"\n <:Inn c>t-rur-tllrol r-noroctpMc>tir-<:! tn C>11pnnrt
~c....J...L..J.p v......~.a.. v,", V'-4. ......\...,....L."".......'" ..I.VIt".4.....s.. (.A.\....L....,....a. ............."'-4 '--'\.. """""'-'-"".............. ............~~ "''''..........,4,...._v ""...., v....... J:""'.........'"
additional upper floors for residential apartment construction.
(v) The grant of the easement for the land shall be without.
compensation to Bloomberg.
,
(vi) The entire cost of construction of the ramp necessary for transit
purposes shilll be the sole responsibility of Southwest Metro Transit, provided
however any cost associated with commercial or residential construction above
the ramp (hereinafter referred to as "additional costs") shall be the sole
14
responsibility of Bloomberg, including but not limited to the cost for additional
pilings and fire wall protection for the floors of commercial or residential
development. If Bloomberg determines to construct commercial or residential
floors above the ramp it must notify Southwest Metro Transit in writing of its
decision in time for Southwest M.etro Transit to include in the design and bid
documents for the ramp whatever additional design and construction items,
including but not limited to additional pilings and fire walls, are necessary to
accommodate such construction. Southwest Metro Transit shall include such
additional design and construction items as an alternative bid item within its
request for construction bids, hereinafter referred. to as the "residential
altemative." Not later than five (5) calendar days prior to the release of a
request for bids by Southwest Metro Transit for construction of the ramp
Bloomberg shall deposit with Southwest Metro Transit or with a mutually
acceptable title insurance company doing business in the Twin Cities
metropolitan area, in conformance with a customary and mutually acceptable
construction disbursement agreement, casb in an amount equal to an
amount equal to the project engineer's estimate of the additional costs to
construct the residential alternative. If the deposit is not made, Southwest
Metro Transit may delete the residential alternative from the request for bids.
If the additional costs for the residential alternative is less than the deposit,
Southwest Metro Transit shall return the excess to Bloomberg. If the
additional costs for the residential alternative is more than the deposit,
Bloomberg shall deposit with Southwest Metro Transit within three (3)
15
business days after notice from Southwest Metro Transit such amount as is
necessary to make the deposit equal to the full amount of the additional costs
for the residential alternative. If Bloomberg fails to make such additional
deposit, Southwest Metro Transit may delete the residential alternative from
the contract.
Unless construction of the ramp commences within 120 days of deposit. .
by Bloomberg, or if all bids are rejected, the deposit shall be returned forthwith
to Bloomberg, and the escrow agreement shall so provide.
Southwest Metro Transit may employ the procedures set forth in this
paragraph on more-than one occasion to award a contract for construction of
the ramp and in each such attempt Bloomberg shall comply with the deposit
provisions subject to termination provisions set forth in paragraph 18 (b)
hereof.
(vii) Southwest Metro Transit shall indemnify and save and hold
harmless Bloomberg, and any first mortgagee holding a first
...........,__....rr_rro l~.o""'" ,,~ +h~ O'-SOT""""'loO.......... n_o._ +1""'- +,.,~ .....n~~
UJ.ViL6U5'- ii'-iJ. VJ..l U.l'- \...a. \....lu\...i.lL Qi\...UiVi U.l\... .lCUU}',
from any claim, lien, liability, or judgment of any kind and nature whatsoever,
arising ou t of the planning, approval, and construction of said ramp, except as
to the matters requested by Bloomberg or matters of advice and consultation
sought by Bloomberg for its own purposes.
(c) At such time as such Ramp might be constructed, this Agreement will be
amended to create an easement for the ramp a..l1d appropriate bus access
within the Bloomberg Easement Areas. Such easements created herein will be
16
released and new easements granted to effectuate said ramp construction and
operation, by appropriate documents reasonably agreed upon by the parties
and their counsel, said documents shall be in recordable form and shall be
recorded as the expense of Southwest Metro Transit.
[d] Upon construction of the ramp, it is contemplated that the ramp and
improvements owned by Southwest Metro Transit will qualify for exemption
from real estate taxes.
If the ramp and the value of the easement benefit of the parcel subject
to the easement are not entirely exempt from real estate taxes and special
. assessments, the obligations relating to the allocation and sharing of real
estate taxes and special assessments levied upon the "Bloomberg Easement
Areas" , as provided in Section 7. [c], shall not be controlling on the allocation
and payment of real estate taxes and special assessments assessed against the
easement area upon which the ramp and other improvements are located.
To the extent the improvements owned by Southwest Metro Transit are
deemed exempt from real estate taxes and special assessments; Sou thwest
Metro Transit shall not be required to bear its share of such real estate taxes
and special assessments. To the extent the improvements owned by Southwest
Metro Transit are not exempt from real estate taxes and special assessments,
the allocation of responsibility and obligation for such real estate taxes and
special assessments shall be as agreed by Bloomberg and Southwest Metro
. Transit, and evidenced by a written amendment to this easement agreement, to
be in recordable form.
17
[eJ The agreements expressed in this section 18, and any obligation of
either Bloomberg Companies or Southwest Metro Transit in this section 18,
shall expire unless Southwest Metro Transit shall have awarded a contract for
construction of the ramp by December 31, 2010.
(D If, at any time after commencement of construction or completion
of construction of the Ramp, the Ramp were to be damaged or destroyed, and
were not to be rebuilt by Southwest Metro Transit, Southwest Metro Transit
shall clear the site and restore the surface area upon which the Ramp was
located to its condition prior to commencement of construction. Southwest
Metro Transit shall indemnify and save and hold harmless Bloomberg from any
cost, liability, lien, or expense, including attorneys fees, arising from such site
clearance and reconstruction of the surface area.
(g) If, at any time after completion of construction of the Ramp, the
Ramp were to be damaged or destroyed, and were not to be rebuilt by
Southwest Metro Transit, and if Southwest Metro Transit is then operating its
n-:>",c;,pn<7<>r "hnC' SOr<T;r-O Qrn,th"lTOC'+ lIiTotrn 'T'r,;:,....,c-,t c-'h..,ll "ho ,...oc:-t,..,rorl t,.... ;tc- ""..,,...1..;.....,.,.
l"""""""'--'v'\,.;....t..b"'. """\..4.0 \..oJ. ....""'-) "'"'V\A..\.J...L.,\"u\. .L'J..\.;\...t..V .1.J.~"''-'J.1l,. \J.&....L<.A..J....J. LJ\.; .I. \.;u\.V.L"",u. \.\J .Ll..~ ,lJl.,.(,..L.L\....L.L.l.5
easement rights on the Parking Easement Areas as set forth herein, upon its
request by written notice thereof given to, and received by, Bloomberg not later
than Ninety (90) days following the date of damage or destruction to the'Ramp,
which restoration shall be evidenced by a written agreement of the parties, in
recordable form, but which parking easement rights shall be subject to
intervening easements and encumbrances that might have been created
between the date of this Agreement and the date of Bloomberg's receipt of the
18
written notice by Southwest Metro Transit of its request to be restored to its
parking easement rights.
19. REMEDIES. If any party defaults in performance ofits
obligations hereunder, the other party or parties shall have the right to seek
damages, specific performance, or other remedy at law or equity. The
prevailing party shall be entitled to recovery of reasonable attorneys fees.
Interest at the rate of eight per cent per annum simple interest shall accrue on
monetary amounts past due, and shall be payable notwithstanding the
absence of litigation.
IN WITNESS WHEREOF, the undersigned have caused this Agreement
for Easement for Parking, Access, and Bus Shelter, and Maintenance
Obligations to be duly executed and delivered.
19
Bloomberg Companies Incorporated
By
~4$81'~1f
(!./l-Rol..'1l1 M. Bl-C>Orl-1~Ry
Its ?1?6.S, D6.1vT"
STATE OF MINNESOTA)
J1 ) ss.
COUNTY OFc'/jI2t115f2 )
/ _ t"h The fO~ing instrument was acknowledged before me this
l.9 - day of Q., I- , 2004, by GIHLo L-- \f,J f11. (31- dc:::rnfj p!l.(j the
ptf2rJ::3-C? ( 0 fi- ,...J lof Bloomberg Companies Incorporated, a Minnesota
corporation, on behalf of said corporation.
i'Z^!"'~~"""fll'N.JYV>lYv..V.'VV^"'~11I
oS ~",:q;B'!'fl:';;;, JOHN D RICE
~ ,,~~~,~~':.-. .
~t ~~"." '". - ~T~~~~~~~CC~~~~~TA
, . \lJ ComnJjss:on ~resJan. 31, 2005
III
;i!&JJ ~
11
21
Market Street LLC
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
. The foregoing instrument was acknowledged before me this
/_!1 -Ih day of March , 2004, by Daniel W. Engelsma , the
President of Market Street Station LLC, a Minnesota
Limited Liability Company, op behalf of said Limited Liability Company.
~AdL
Not I lic-
.
I
.
MARY BAKKE ,
NOTARY PUBUC-MINNESOTA
My C<lmmission Expres Jan. 31, 2005
li
w
17
SOUTHWEST METRO TRANSIT COMMISSION
~~~
Director
STATE OF MINNESOTA
f" "
) ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this ~~ day of April, 2004, by Craig Peterson, the Chair
and Len Simich, Executive Director, respectively, of
Southwest Metro Transit Commission, a j oint powers entity
established by the cities of Chanhassen, Chaska and Eden
prairie, on behalf of said joint powers entity.
.' /. -,.-'.- -.~ ,*
t4J ~~/
.,:~' :2:C1:,.:t'i'/\ .}. i"./.~ .'.. I
;.:: '}i\:~;~~:J "C;T:. i:;" ;0' ;:;L:C - l~:;:.;:F:; \;.:...,
":';~'..;S:~,;.:" !/yr\.:~:;;;!;2::':G:: 2:;.1:.:-:>:;:',.: ~ =; '.
.' . ..': :' ::.;. '.~. " .~. ~,.tl:"'; ~-::'':;':.'" ,~,:,,<(":":~ '-;".: ~':'.
Notary Public
This Instrument was Drafted By:
Rice Law Firm, Chartered
525 West 78th Street
P.O. Box 1180
Chanhassen, Minnesota 55317-1180.
Exhibit A - Market Street Station Parcel.
Lot 2, Block 1, Chanhassen Mall, Carver County, Minnesota;
Outlots B, C, and D, Frontier Cinema Addition, Carver County,
Minnesota;
Outlots A, B, and C, together with vacated Pauly Drive, adjacent to
abutting said Outlots, and appurtenant thereto, Easy Rider Addition,
Carver County, Minnesota;
- Exhibit A -
Exhibit A-I n_ Market Street Station Access Easement Area.
A strip of land 26.00 feet in width over Pauly Drive, vacated, as dedicated
in Easy Rider Addition, according to the recorded plat thereof and
situate in Carver County, Minnesota, which lies 13.00 northerly, and
.13.00 feet southerly of the centerline of said Pauly Drive, vacated.
The side lines of said strip shall be prolonged or shortened to terminate
on the easterly line of Market Boulevard, as dedicated in said Easy Rider
Addition, and the southerly extension of the east line of Outlot B, Easy
Rider Addition.
Carver County, Minnesota.
- Exhibit A-I -
Exhibit B - Bloomberg Parcels.
Parcell.
Lot 2, Block 1, Frontier Cinema Addition, Carver County, Minnesota.
Parcel 2.
Outlot A Frontier Cinema Addition, Carver County, Minnesota.
,
Parcel 3.
That part of the Northeast Quarter of the Northwest Quarter of Section 13,.
Township 116, Range 23, Carver County, Minnesota described as follows:
Commencing at the southeast corner of Outlot A, FRONTIER CINEMA
ADDITION, according to the recorded plat thereo~ said Carver County;
thence North 0 degrees 08 minutes 32 seconds East, assumed bearing
along the east line of said Outlot A, a distance of 88.25 feet to the point of
beginning of the land to be described; thence East a distance of111.83
feet; thence North a distance of 15.88 feet; thence East a distance of
120.70 feet; thence North 10 degrees 21 minutes 14 seconds West a
distance of 181.50 feet; thence North 89 degrees 5.1 minutes 28 seconds
West a distance of200.71 feet; thence South a distance of 14.73 feet to the
north line of said Outlot A; thence South 89 degrees 51 minutes 28
seconds East a distance of 16.24 feet to the northeast corner of said Outlot
A; thence Southerly along said east line to the point of beginning.
Parcel 4.
That part ofthe Northeast Quarter of the Northwest Quarter of Section 13,
Township 116, Range 23, Carver County, Minnesota described as follows:
Beginning at the southeast corner of Outlot A, FRONTIER CINEMA
ADDITION, according to the recorded plat thereof, said Carver County;
thence North 79 degrees 32 minutes 00 seconds East, assumed bearing
along the northerly line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company right-of-way a distance of 16.97 feet; thence North a
distance of88.97 feet; thence North 89 degrees 51 minutes 26 seconds
West a distance of 16.46 feet to the east line of said Outlot A; thence
South 0 degrees 08 minutes 32 seconds West along said east line a
distance of 92.09 feet to the point of beginning.
***
EXHIBIT ~
***
Exhibit C - Bloomberg Easement Areas
Easement Parcel 1.
That part of the Northeast Quarter of the Northwest Quarter of Section 13,
Township 116, Range 23, Carver County, Minnesota described as follows:
Commencing at the southeast corner of Outlot A, FRONTIER CINEMA
ADDITION, according to the recorded plat thereof, said Carver County;
thence North 0 ~egrees 08 minutes 32 seconds East, assumed bearing
along the east line of said Outlot A, a distance of 88 .25 feet to the point of
beginning of the land to be described; thence East a distance of 111.83
feet; thence North a dist311ce of 15.88 feet; thence East a distance of
120.70 feet; thence North 10 degrees 21 minutes 14 seconds West a
distance of 112.55 feefto the easterly extension of the south line of the
north 53.00 feet of said Outlot A:, thence North 89 degrees 51 minutes 28
seconds 'Vest along said extension a distance of] 96.99 feet to-the east line
of said Outlot A:, thence southerly along said east line to the point of
beginning.
Easement Parcel 2.
That part ofthe Outlot A, FRONTIER CINEMA ADDITION, according
to the recorded plat thereof and situate in Carver County, Minnesota
described as beginning at the southwest comer of said Outlot A; thence
North 0 degrees 34 minutes 02 seconds East, assumed bearing along the
west line of said Outlot A a distance of] 44.70 feet; thence South 89
degrees 25 minutes 58 seconds East a distance of 116.96 feet; thence
North.a distance of94.57 feet to the south line of the north 53.00 feet or
said Outlot A; thence South 89 degrees 51 minutes 28 seconds East along
said south line a distance of 20.19 feet to the east line of said Outlot A;
thence southerly along said east line to the southeast corner of said Outlot
A; thence southwesterly along the southerly line of said Outlot A to the
point ofbegin.t'1ing.
Easement Parcel 3.
That part of the east 21.00 feet of Lot 2, Block 1, FRONTIER CINEMA
ADDITION, according to the recorded plat thereof and situate in Carver
County, Minnesota lying southerly of a line drawn westerly and at right
angles from a point in the east line of said Lot 2, distant 144.70 feet north
of the southeast corner thereof.
Together with that part of the west 90.00 feet of the east 111.00 feet of
said Lot 2 lying southerly of a line drawn westerly and at right angles from
a point in the east line of said Lot 2, distant 84.70 feet north of the
southeast corner thereof.
- Exhibit C-
Exhibit D - Bloomberg Passenger Shelter Easement Area.
That part of the Northeast Quarter of the Northwest Quarter of Section 13,
Townsrup 116, Range 23, Carver County, Minnesota described as follows:
Beginning at the southeast com~r .of Outlot A, FR9NTlER CINEMA
ADDITION, according to the recorded plat thereof, said Carver County;
thence North 79 degrees 32 minutes 00 seconds East, assumed bearing
along the northerly line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company right-of-way a distance of 16.97 feet; thence North a
distance of 88.97 feet; thence North 89 degrees 51 minutes 26 seconds
West a distance of 16.46 feet to the east line of said Outlot A; thence
South 0 degrees 08 minutes 32 seconds West along said east line a
distance of 92.09 feet to the point of beginning.
- Exhibit D-
Exhibit E - Bloomberg Bus Ingress and Egress Easement Area.
That part of Lot 2, Block 1, and that part of Outlot A, all in FRONTIER
CINEMA ADDITION, according to the recorded plat thereof and situate
in Carver County, Minnesota, lying within twelve (12) feet on either side
of the following described line:
Commencing at the southwest corner of said Lot 2; thence North 0 degrees
08 minutes 32 seconds East, assumed bearing along the west line of said
Lot 2 a distance of 18.78 feet to the point of beginning ofthe'center line to
be described; thence North 79 degrees 32 minutes 00 seconds East a
distance of281.31 feet; thence North 0 degrees 08 minutes 32 seconds
East a distance of232.93 feet; thence North 89 degrees 51 minutes 26
seconds West a distance of229.21 feet; thence South 0 degrees 08 minutes
32 seconds West a distance of275.86 feet and said center line there
terminating.
The side lines of said strip shall be prolonged' or shortened to begin at the
west line of said Lot 2.
- Exhibit E -
EXH~8iT F
Descriotion of V'lestenv Ramo Line
;J .1> ~
4A.. line described as foHOVJs:
Commencing at the SouUleast comer of Optlot A -FRONTiER C!NElvtA. ADD!TlON,
accc-rding to the recorded plat thereof, Carver County, r'.4innesota; thence North 00
degrees 08 minutes 32 seconds East assumed bearing aiong the East line of said
GuUot P.., 110.00 feet; thence continuing North 00 degrees 08 minutes 32 seconds East
to its intersection with the north line of said Outlot A: and said iine mere terminating.
2:230'26.DOC
CONSENT AND AGREEMENT
For good and valuable consideration, Bremer Bank, National
Association, as Mortgagee in that certain First Combination Mortgage,
Security Agreement and Fixture Financing Statement, dated February 4,
1999 and recorded as Document No. 245261 in the Office of the County
Recorder, Carver County, Minnesota, and as Secured Party in that
certain Assignment of Rents and Leases dated February 4, 1999 and
recorded as Document No. 245262 in the Office of the County Recorder,
Carver County, Minnesota, in-which documents Bloomberg Companies
Incorporated, a Minnesota corporation, is the mortgagor and assignor
respectively, does hereby consent to the foregoing instrument, entitled
"Agreement for Easement for Parking, Access, and Passenger Shelter,
and Maintenance Obligations", dated the 7 +h day of
~n d" , 2004, and agrees that said First Combination Mortgage,
Sec rity Agreement, and Fixture Financing Statement and that said
Assignment of Rents and Leases are subject to said "Agreement for
Easement for Parking, Access, and Passenger Shelter, and Maintenance
Obligations", to which this Consent and Agreement ~.s. attached.
Bremer Bank, National Association
By
c ~ ::q. ((,~ -
An ew F. Robinson
Vice President
STATE OF MINNESOTA
COUNTY OF K()JY)Sey
)
) 55.
)"
The fOre~Qing Consent was a know edged before me, a Notary
Public, this fV\ day of n . ,2004, by Andrew F.
Robinson, Vice President of Bremer ank, National Association, a
national banking association, on behalf of the national banking
association.
l!l
JAMES F. CHRISTOFFEL ~
NOTARY PUBLIC - MINNESOT.<\ ~
Mt eomm. Expires Jan. 31, 2005 ~
.
C!Qlpebc \-
Taking Acknowledgement
~
Notarial Seal or Stamp
(or other title or rank)
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DOCUMENT C - Document No. - - OFFICE OF THE
(Reserved for Cou A 387172 COUNTY RECORDER
/111//11/11111/11111 CARVER COUNTY, MINNESOTJ
Filing Fee: $ 31.00 Check#: 33835
Certified filed and recorded on 05-20-2004 at 04:00 0 AM~
1111 1 II 11I1 m~2~1 "" II III
M
Carl W. Hanson, Jr.
County Recorder
DOClJJ:\'IENT TITLE:
~
DOCUMENT DATE:
NAMES:
>> -{( .JI. )-0
lJ/J
CARVER COUNTY RECORDERlREGISTRAR OF TTI1ES
\~
ACCESS
EASEMENT AGREEMENT
. THIS ACCESS EASEMENT AGREEMENT ("Agreement") is made as of this 1..p....dayof
Drv>r'i \ ,2004, by and between MARKET STREET STATION, LLC, a Minnesota limited liability
company ("MSS") and BLOOMBERG COMPANIES INCORPORATED, a Minnesota corporation
("Bloomberg").
RECITALS
A. MSS is the owner of a certain parcel ofland legally described on Exhibit A which is
attached hereto and made a part hereof (the "MSS Parcel"); and
B. Bloomberg is the owner of a certain parcel ofland legally described on Exhibit B which
is attached hereto and made a part hereof (the "Bloomberg Parcel"); and
C. MSS has agreed to grant to Bloomberg an Access Easement ov~r the MSS Parcel in
.accordance with the terms hereof. The terms MSS and Bioomberg shall be. deemed to refer to such
parties and to the respective heirs, successors, grantees and assigns of such parties (individually, an
"Owner", or collectively, the "Owners").
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set
forth, MSS and Bloomberg hereby agree as follows:
ARTICLE I
GRANT OF EASEMENT
Section 1.01 Access Easement. MSS hereby grants and conveys to Bloomberg, its agents,
contractors, tenants, employees, customers, invitees, successors and assigns, a non-exclusive easement
appurtenant to the Bloomberg Parcel for ingress and egress by vehicles and pedestrians over and upon
that portion of the MSS Parcel described on Exhibit C which is attached hereto and made a part hereof
(the "Access Easement Area"). The Access Easement Area and any improvements located thereon
shall be maintained by MSS in a first-class condition at its sole cost, including all surfacing, cleaning,
snow removal and other maintenance. MSS reserves the right to relocate the Access Easement Area to
another location on the MSS Parcel (the "Relocated Access Easement Area") if necessary to allow
MSS to add additional improvements to, or alter or reconfigure ~heimprovements on, the MSS Parcel,
provided that, (a) the Relocated Access Easement Area shall be ;relocated, surveyed and constructed at
the sole cost and expense ofMSS, (b) the Relocated Access Easement Area shall be relocated and
constructed according to applicable requirements of governmental en#ties having jurisdiction over the
MSS Parcel, and (c) MSS, at its sole cost and expense, shall execute, together with Bloomberg and any
other parties whose consent may be required or is reasonably necessary, a recordable amendment to
this Agreement substituting the Relocated Access Easement Area for the Access Easement Area.
NCS.oq-q/lo.r .MPLS (ML)
ARTICLE II
REMEDIES
Section 2.01 Indemnification; Insurance. Each Owner will indemnify, defend and save the
other Owner harmless from and against any and all suits, demands, liabilities, costs and other expenses,
including reasonable attorneys' fees, incurred by the other Owner in connection with or arising out of
(a) a breach of this Agreement by the indemnifying Owner, and/or (b) any use ofthe easements created
by this Agreement by the indemnifying Owner, its tenants, customers, employees, contractors, vendors
and invitees, except that the indemnifying Owner shall have no obligation to so indemnify the other
Owner to the extent that such suits, demands, liabilities, costs and other expenses occur as a result of
the other Owner's negligence or intentional acts. Each Owner shall maintain during the term of this
Agreement public liability insurance (with reasonable deductibles, taking into account the financial
strength of the insured) in at least the amount of $1 ,000,000.00 per occurrence, which insurance shall
name the other Owner as an additional insured and shall contain a provision stating that the insurance
shall not be canceled or materially modified without at least ten (10) days prior written notice to the
other Owner and, upon request, shall deliver to the other Owner a certificate of insurcu:ce indicating
that such Owner has obtained and maintains the required insurance:
Section 2.02 Self Help; Lien Rights; Disputes.
(a) If any Owner shall default in the performance of an obligation of such Owner (such
Owner being herein called a "Defaulting Owner"), the other Owner (the "Nondefaulting Owner"), in
addition to all other remedies it may have at law or in equity, after twenty (20) days' prior written
notice to the Defaulting Owner and any first mortgagee (or in the event of an emergency after such
notice as is practical under the ci~cumstances), shall have the right to perform such obligation on behalf
of the Defaulting Owner. In such event, the Defaulting Owner shall promptly reimburse the
Nondefaulting Owner the reasonable cost thereof, together with interest thereon from the date of outlay
at a rate equal to the lesser of (i) two percent (2%) in excess of the prime lending or base rate charged
by US Bank National Association for commercial loans of its most preferred commercial customers or
(ii) the highest rate pennitted by applicable law (the "Interest Rate").
(b) Any such claim for reimbursement, together with interest thereon as aforesaid, shall be
secured by a lien on the Parcel and improvements thereon owned by the Defaulting Owner, which lien
shall be effective upon the recording of a notice thereof in the Office of the County Recorder of Carver
County, Minnesota. The lien shall be subordinate to any first mortgage now or hereafter affecting the
Parcel of the Defaulting Owner (a "First Mortgage").
Section 2.03 Injunctive and Other Remedies. In the event of a breach by any Owner of any
obligation of this Agreement, the other Owner shall be entitled to obtain an order specifically enforcing
the performance of such obligation or an injunction prohibiting any such breach; the Owners hereby
acknowledge the inadequacy of legal rem.edies and the irreparable harm which would be caused by any
such breach, and/or to relief by other available legal and equitable remedies from the consequences of
such breach.
- 2 -
Section 2.04 Non-waiver. No delay or omission of any Owner in the exercise of any right
accruing upon any default of any other Owner shall impair such right or be construed to be a waiver
thereof, and every such right may be exercised at any time during the continuance of such default. A
waiver by any Owner ofa breach of, or a default in, any of the terms and conditions of this Agreement
by any other Owner shan not be construed to be a waiver of any subsequent breach of or default in the
same or any other provision of this Agreement. Except as otherwise specifically provided in this
Agreement, (a) no remedy provided in this Agreement shall be exclusive but each shall be cumulative
with all other remedies provided in this Agreement and (b) all remedies at law or in equity shall be
available.
Section 2.05 Non-terminable Agreement. No breach of the provisions ofthis Agreement
shall entitle any Owner or party to cancel, rescind or otherwise terminate this Agreement, but such
limitation shall not affect, in any manner, any other rights or remedies which any party may have
hereunder by reason of any breach of the provisions of this Agreement. No breach of the provisions of
this Agreementshall defeat or render invalid the lien of any mortgage made in good faith for value
covering any part of the Parcels, and any improvements thereon.
ARTiCLE III
NOTICES
Section 3.01 Notices. Any notice, report or demand required, permitted or desired to be
given under this Agreement shall be in writing and shall be deemed to have been sufficiently given or
served for all purposes ifit is mailed by registered or certified mail, return receipt requested, to the
parties at the addresses shown below or at such other address as the respective parties may from time to
time designate by like notice:
If to MSS:
Market Street Station, LLC
c/o Kraus-Anderson Realty Company
4210 West Old Shakopee Road
Bloomington, Minnesota 55437
Attention: Market Street Station Property Manager
If to Bloomberg:
Bloomberg Companies Incorporated
525 West 78th Street .
Chanhassen, Minnesota 55317
Attention: Clayton T. Johnson
- 3 -
ARTI CLE IV
MISCELLANEOUS
Section 4.01 Miscellaneous.
(a) If any provision of this Agreement, or portion thereof, or the application thereof to any
person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the
remainder of this Agreement, or the application of such provision or portion thereof to any other
persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid
provision affects the consideration for this Agreement; and each provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
(b) This Agreement shall be construed in accordance with the laws ofthe State of
Minnesota.
(c) The Article headings in this Agreement are for convenience only, shall in no way define
or limit t~e.scope or conten! of this Agreement, and shall not be considered in any construction or
interpretation,of this Agreement or any part hereof.
(d) Nothing in this Agreement shall be construed to make the parties hereto partners or joint
venturers or render either of said parties liable for the debts or obligations of the other.
(e) This Agreement shall be binding upon and inure to the benefit of the successors ~nd
assigns of the partie,S hereto.
(f) This Agreement may be amended, modified, or terminated at any time by a declaration
in writing, executed and acknowledged by all the parties to the Agreement or their successors or
assigns; this Agreement shall not be otherwise amended, modified or terminated during the terni
hereof.
(g) This Agreement sets forth all of the covenants, promises, agreements, conditions and
understandings among the parties hereto concerning the easements granted herein.
(h) Wherever and as often as one Owner shall not have paid any sum payable hereunder to
another Owner within five (5) days ofthe due date, such delinquent Owner shall pay interest on such
amount from the due date to and including the date such payment is received by the Owner entitled
thereto, at the Interest Rate defined in Section 2.02( a).
THE REMAlNDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
- 4 -
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year first above written.
MARKET STREET STATION, LLC
Daniel W. Engelsm
Its: President
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this d 6 #1. day of '1J1 CUI ci1.
2004, by Daniel W. Engelsma, the President of Market Street Station, LLC, a Minnesota limited
liability company, on behalf of said limited liability company.
!!J[t;(JA cLJ:)eg -
Notary ubli
. .
I . .-.' . MARY BAKKE I
. :. NOTARY PUBLIC-MINNESOTA
;: .... . .. lAy Commission E:qir~ Jm. 31, 2005
.
.
BLOOMBERG COMPANIES INCORPORATED
By
STATE OF MINNESOTA )
) SSe
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
~ (0 ra ~ ~ " "/'IiO!
c;:7") ..;..-:.uay of C::l , 20~ by Carolyn M. Bloomberg,
President of Bloomberg companies Incorporated, a
Corporation under the laws of Minnesota, on behalf of the
corporation.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
S ATURE OF PE~SON
CKNOWLEDGEMENT
111
JOHN D. RICE -,
OOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
Lly CO!Ilmisslon Expires Jan. 31, 2005 .
.
4
Exhibit A
MSS Parcel
Lot Two (2), Block One (1), Chanhassen Mall and Outlots A, Band C, Easy Rider Addition, and
vacated Pauly Drive, as dedicated in the plat of Easy Rider Addition, that lies easterly of the following
described line:
Beginning at the northwest comer of Outlot A, said Easy Rider Addition,
thence South 0 degrees 08 minutes 32 seconds West, an assumed bearing,
along the easterly right of way line of Market Boulevard, as dedicated in the
plat of Easy Rider Addition, a distance of 80.22 feet; thence southerly and
southeasterly 339.36 feet along a tangential curve concave to the east having
a radius of555.82 feet and a central angle of34 degrees 58 minutes 56
seconds, and said line there terminating.
According to the plats thereof on file and of record in the Office of the County Recorder, Carver
County, Minnesota. '. . .
and
Outlots Band C, Frontier Cinema Addition; and the West 90.00 feet ofthe South 13.50 feet and the
East 60.61 feet of the West 150.61 feet of the South 3.5 feet of Lot 2, Block 1, Bloomberg 2nd
Addition, Carver County, Minnesota.
[to be re-platted into Lot 1, Block 1, Market Street Station Addition]
Exhibi t _B .
LEGAL DESCRI~TION
Traot 1~
That part of the Northeast Quar~er of the Northwest Quar~er of
Soction 13, Township 116, Range 23/ described as follows:
Commencing at a point on the Nor~h line of said section 13,
Distant 312.0 feet West from the No~th 1/4 dorner thereof; thence
South at right angles to said No~th line 33.0 feet to the actual
point of beginning; thence continuing. South along the last
described course 94.66 feet to the Southerly r/w line of Highway
101, thence Southeasterly a.long said Southerly r/w line a.dil:5tance
of 12.58 feet along a curve concave ~othe Southwest, having a
delta of 2 degrees 33 minutes 55 seconds and. a radius of 281.00
feet; thence South 38 degrees Sl minutes 39 se90nds East a
distance of 235.02 feet; thence South 56 degrees S8 minutes 06
~eoonds West a .distance of 197.68 feet; eh~ce North 88 degrees 06
minutes 20 seconds West, parallel with the North line of said
section, a distance of 354.91 feet; thence North 1 deg~ee ~l
~nutes 04 seconds Ea~t a distande of 76.15 feet; thence West
parallel with said North line 3l1.S8 feet; thence North parallel
with the West line of said NE 1/4 of the NW 1/4 a distance of
319.03 feet co a point 33.0 feet". South of the North line of said
Section 13; thence East parall~l with said North line a di~tance
of 675.18 feet to the point of beginning, Carve~ County,
Minnesota. .
Excepting from the above described parcel the following:
Parcell:
All that part of the follo~ing described prope~ty:
That part of the No~thea8t Quarter of the North~st Quarter (NE 1/4
of NW 1/4) of Section 13, ~own8hip 116, Range 23, deseribed as
follows:
C~encing at the Northeast corner of said 1/4-1/4; thenoe West
along the North line of said 1/4-1/4 distant 252.0 f~~t t~ th~
actual point of begi~ing of the tract to be described; thence
continuing West along said North line 60.0 feet; thence South
parallel with the East line of said 1/4-1/4 distant 378.0 feet to
the Northerly right-of-way of the Chicago, Milwaukee, St. Paul and
Pacific Railroad; t.hence East along said R.R. R/W l~O.O feet to.a
point 192 feet West of the East line of s~id 1/4-1/4; thence North
parallel witb said East line 75.0 feet to a point 303.0 feet South
of the North line of said 1/4-1/4; thenoe West parallel with aaid
North line 60.0 feeti thence North 303.0 feet to the actual point
of beginning~ except that part of the above described premises
taken for highway purposes.
Which lies Northerly of a line drawn parallel ~d/or concentrio
with and distant 50.00 feet Southeasterly from the following
desoribed line:
Commencing at a point distant 5.00 feet South from said Northeast
corner of the Northwest Quarter as measured at a right angle from
the North line of said Northweat Quarter; tbence on an assumed
bearing of ~ST parallel with said North line of the Northwest
Quarter for 500.00 feeti thence o~ a beari~ of EAST for 107:01
feet to ebe actual point of beginning of said l~e; thence
Easterly and Southeasterly for 257.S4 feet along a tangene~al
curve concave .to the Southwest having a radius of 300.00 feet ~d a
central angle of 49 degrees 14 minutes 41 seconds; th~ce South 40
degrees 45 minutes 19 seconds East, tangent to said curve, for
351.48 feet; thence Southeasterly ~ Southerly for 249.72 feet
along a tangential curve concave to the Soutbwast having Q radius
of 344.92 feet and a oentral angle of 41 degrees 28 ~inutes 55
seconds, and Baid line there te~inating.
Said point of termdnacion of said l~e is more particularly
described as follows:
Co~encing at said Northeast corner of the Northwest Quarter;
thence Southerly along the East line of said Northw~at Quar~er for
605.95 feet; then~~ Basterly perpendi~u1ar to the 1aBt.de8~~ibed
line for 32.13 feet to said point of termination. .
And all that part of the following described property:
Commencing at a point 20 rods south of the Northeast corner of the
Northwest Quarter of Section 13, Township 115, Range 23, thence
running West 8 ~ds; thence South at right a~gles to the la~t line
to the North line of the right-of-way of the Basti~a and Dakota
Division of the chicago, Milwaukee and St. Paul Railway Company;
thenee gaaterly along said North line of said right-of-way to a
point where tbe North and south ~enter line of said Section 13
strikes said North line of said right-of-way of said Railway
company; thence North on said center line to place of beginning,
situated i~ tbe Ncr:heast ~~&rt~= of ths Nor~hwest Qua~t8r of said
Section 13, containing 13/100 acres mere or le8~.
Except that part of the above described prOperty conveyed in need
Book 128, page 214 files of the Carver County Recorder, Carver
County, Minnesota, and being more particularly described as being
the North 21.5 feet of the above described property.
Parcel 2:
All that part of the following described property:
All that part of the Northeast QUarter of the No~thwest Quarter
(NE 1{4 of NW 1/4) of. section Thirteen (13), TOWDShip One Hundred
Sixteen (116), ~ange Twenty Three (23), lying West of a line drawn.
parallel with and distant 312 feet West of the North and South
Quarter section line of said section Thirteen (13), North of the
right-of-way of the Chicagol Milwaukee, St. Paul and Pacific
Railway Company and East of the following described line, ~o-wit:
Begipning at a point 537 fe~t West and 33 feet South of Che
Northeast corner of the ~o~tbea8t Quarter of the Northwe~t Quarter
(NE1/4 of NW1/4) of said Section Thirteen (13); thence South at
right angles to the North ~ine of said Section 155 feet to the
Southeast eorner of the tract of l~d described in Book 30 of
Deeds, page 459; thence West at right angles 25.. feet; thence South
and parallel with the West Line of said Northeast Quarter of the
Northwest Quarter (NE 1/4 of NW 1/4) to ~e North Line of the
right-of-way of the Chicago, Milwaukee, St. Paul and Pacifi~
Ri1ilway.
And all that part of the follo~ing described property:
That part of the Chicago, Milwa~ee, St. Paul and Paeific
~ailroad Company's right-of-way in the Northeast Quarter of t:be
Northeast Quarter of the Northwest Quarter (NE1/4 of NEl/4 of
NWl/4) of Section 13, Township 115 North, Rang~.23 West, in the
Village of Chanhasaen, Carver County, Minnesota'.which lies' . .
Northerly of a line distant fifty six and one half feet (56.5')
Northerly of, (measured at right angles and radially to) and
pa~al18l with the center line of the Chicago, Milwaukee, St. Paul
aDd Pacific Railroad Company's main track as now there laid and
established, said right-of-way having been acquired by Warranty
Deed from John ~. Rosbaoh and wife to Hastings and Dakota Railway
Company (predecessor of the Chicago, Milwaukee and St. Paul
Railway Company) dated October 9, 1880 and recorded in Book 5 of
Deeds, pages 483 and 484 in Register of Deeds Office of Carver
County and by two Warranty Deeds from John ~. Rosbaeh and wife to
Chicago, Milwaukee and St. Paul ~ailway Company (predecessor to
the Chicago, Milwaukee, St. Paul and Pacific Railway Company) one
dated July 21, 1881, recorded in Register of Deeds Off~ce in Book
~Y", page 427 and 428 and the other dated July 15, 1912, recorded
in Book 23 of needs, page 311.
Which lies Northerly of a line drawn parallel and/or concentric
with and distant 50.00 feet Southwesterly from the following
described line:
C~encing at: a point distant 5.00 feet South from aaid Northeast
eorner of the Nortbwest Quarter as measured at a right angle from
~~e Nortb line of said Northwest Quarter; thence on an aasumed
bearing of WES~ parallel with said ~orth line of the Northwest
Quarter for 600.00 fee!:; thence. on a bearing of EAST for 107.01
feet to the actual point of beginning of said line; thence
Easterly and Soutbeasterlyfor 257.84 feet along a tangential
curve concave to the Southwest having a radius of 300.00 feet and a
central angle of 49 degrees 14 minutes 41 seconds; thence South 40
degrees 45 minutes 19 seconds Bast, tangent to Si1id curve, for
351.48 feet: tbence Southeasterly and Southerly for ~49.72 feet:
along a ~angential curve concave to the Southwest having a radius
of 344.92 feet and a central angle of 41 degrees 28 minutes 55
se~onds and said line there ter.minating.
Said point of termination of said line is more particularly
aescribed as follows:
Commencing.at said'Northeast corner of the Northwest Quarter;
thence Southerly along the Bast line of said Northwest Quarter
for 605.95 feet; thence Easterly perpe~dicular to the laat
described line for 32.13 feet to said point of ~ermination.
Parcel 3:
commencing at the Northeast (NE) corner of the Northeast. Quarter.
of the Northwest Quarter (NB1/4 NWi/4) Section 13, Township 11b,
Range 23; thence West along the North line of said Quarter-Quarter,
a distance of 252 feet to the actualpo,intof hegi%m.:i.ng of tract
of land to be described; thence South parallel with the-East line
of aaia Quarter-Quarter distant 303 feet; thence ~aBt parallel
with the North line of said Quarter-Quarter a distance of 60 feet;
thence North parallel with Bast line of said Quarter-Quarter line a
diatnace of 303 feet; thence West 60 feet to the point of
beginning. .
situate in the Northeast Quarter of the North~Bt Quarter (NE1/4
NWl/4) of Section 13, Township 116, Range 23.
100:>
That part of the Northwest 1/4 of Section 13, ~oWDehip 116, Range
23,. Carver Co~ty, Minnesota, described aa follows: Commencing at
Che Northeast corner of said Nor~hwest li4; thence South along the
East line of said Nortbwest 1/4 a distance of 351.5 feet; thence
West at right angles 192.0 feet more _or' less to its intersection
with a line 192.0 feet West of and parallel with the East line of .
said Northwest 1/4, as measured along a line p~rallel ~ith the
North line of said Northwest 1/4,. to the actual point of
beginning; thence continuing along the last described course 15.0
feet; thence North parallel with the East line of said North~st
1/4 to a line 303.0 feet South of and parallel with the North line
of said No~thwest 1/4; as measured along a line parallel with the
East line of said Northwest 1/4; thence East parallel with the
North line of said Northwest 1/4 a diat~ce of 15.0 feet to a line
192.0 feet West of aDd paralle~ with the East line of said
Northwest 1/4,.as measured along a line parallel with the North
line of said North~eBt 1/4; thence South parallel with the East
line of said Northwest 1/4 to the point of beginning.
Parcel 4;
Co~ncing at a poine, said point being ~e ~ corner of NW1/4o~
Section ~3, ~ownship 116,~ang~ 23; ~ing thence West on the
North Section line of Section 13( Township and range aforesaid, a
distance of 252 feet; thence due So~th a distance of 188 feet to a
point; tbe~ce due East a distance of 60 feet to a point which is
the point of beginning of the land herein to be described; thence
due South a distance of 196 feet to a point; the~ce due B~st a
distance of 60 feet: t:.o a point;then.ce due North a distance of 196
feet to a point; the~ce due West a distance of 60 feet to the
place of beginning. Said tract being in the NEl/4 of NWl/4 of
Section 13, Township 116, Range 23 Weat.
Traot 2:
That part of the Northeast Quarter of the Northwest Quarter of
Section 13, Township 116, Range 23 which lies North 'of a line
parallel with and 56.50' 'feet Northerly of the Chicago, Mil'W'auk.e.e,
St. Paul and ?acific Railroad C~any, main track center line as
DOW laid out and established, East of the plat of Prontier C~nsma
Addition, lying Weat of the Westerly lioe of. Highway 101 and South
of that part of the Northeast Quarter of the NortAwest Quarter of
Seecion 13, To~ship 116, ~ange 23, described a~ follows:
Comme~cing ac a ~oint on che North line of said Section ~3,
Distant 312.0 feet West from the North 1/4 corner thereof; thence
South at right angles to said North line 33.0 feet to the actual
point of beginning; thence continuiI;l.g South along the last
deac~ibed course 94.66 feet to the Southerly r/w line of Highway
101, thence S.outheast:erly along said Southerly r/w line a disi:.ance
of 12.58 feet along a curve concave i:.o the Southwest, having a
delta of 2 degrees 33 minutes 55 seconds and a radius of 281.00
feeti the...1406 South 38 degreeS 51 minutes 39 Becc.l:l.QB BaBC is
distance of 235.02 feet; thence South 55 degrees 58 minutes 06
seconds West a distanoe of 197.68 feet; thenee North sa degrees 06
minutes 20 seconds West, parallel with tbe N~rtb line of said
section, a distance of 354.91 feet; thenoe North 1 degree 11
minutes 04 seconds East a.distance of 76.25 feet; thence West
parallel with said No~th line 311.88 feet; thence North parallel
with the West line of said ~ 1/4 of the NW 1/4 a dist~ee.of
319.03 feet to a ~oint 33.0 feet South of the North line of said
Section 13; thenc"S East parallel with said N'orth lioe a d1Bt:~nce
of 075.18 feet to the point of beginning, Carver County,
Minnesota, except that part Commencing at a poi~t, said point
peing the NE corner of NWl/4 of Section 13, Township 116, Range
23; running thence West on the North Secti~ line of Section 13,
Township and range aforesaid, a di~tance cf 252 feet; thence due
South a distance of 188. feet to a point; t:.~ence due East a
diat~ce of GO feet to a point which is the point of beginning of
the land berein to be described; thence due South a distance of
196 feet to a point; thence due East a distance of 50 feet to a
point; thence due North a distance of 196 feet to a point; thence
due West a aistance of 60 feet to ~e place of beginning. Said
trac~ being in the NEl/4 of ~/4 of Section 13, ~ownship ~16,
Range 23 West.
Abstract Property.
Tract 3:
~ot 2, Block 1, ana outlot A, ~rontier Cinema Addition, according
t:o the. recorded. plat thereof, a:od situar.e in Carver County,
Mintlesota.
Abstract Property.
Tract 4;
Lot 1, alock 1, Bloomberg 2nd Addition, excep~ that part contained
within plat of Frontier. Cinema Addition, according to the recorded
plat thereof, and sitUate in Carver County, Min:oesota, which is .
contained in Frontier Cinema Addition.
Abstract Property.
Exhibit C
Access Easement Area
A 40.00 foot easement for ingress and egress purposes the centerline of said easement being
described as follows:
Commencing at the northeast corner of Outlot B, Easy Rider Addition, according to the recorded
plat thereof, Carver County, Minnesota; thence South 0 degrees 08 minutes 32 seconds West, an
assumed bearing, along the easterly line of said Outlot B and its southerly extension, a distance of
120.65 feet, to the point of beginning of the centerline to be described; thence South 79 degrees 32
minutes 00 seconds West, a distance of 141.34 feet; thence westerly and northwesterly 246.09 feet
along a tangential curve concave to the north, having a central angle of36 degrees 05 minutes 55
seconds and a radius of 390.59 feet; thence westerly and southwesterly 168.15 feet, more or less,
aloI1g.a reverse curve. concave to the south, having a central angle of 41 degrees 53 minutes20
seconds and a radius of230.00 feet, to the easterly line of Market Boulevard, as dedicated in the
plat of Easy Rider Addition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin and terminate at the
easterly line of said Easy Rider Addition and the easterly right-of-way line of Market Boulevard.