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EASEMENT AGREEMENT <br />THIS AGREEMENT Made and entered into this Today of X9 P. d N , <br />19470 by and between DAVID E. THOMAS and ALMA E. THOMAS, his wife, herein- <br />after called the Grantors, and the VILLAGE OF EDINA, a municipal corporation, <br />hereinafter called Village, WITNESSETH: <br />WHEREAS, The Grantors are the owners in fee simple of land located <br />in the Village of Edina, County of Hennepin, State of Minnesota, more parti- <br />cularly described as follows, to -wit: Lot Eleven (11), Block One (1), <br />Brucewood, and <br />WHEREAS, Surface water from a considerable area surrounding the <br />above described premises now drains over, on, and across the land of the <br />Grantors herein, all to the damage of said land, and <br />WHEREAS, It is desirable that a storm sewer be constructed to take <br />care of the drainage of this area of land so that the flow thereof will be <br />properly diverted into Minnehaha Creek, and <br />WHEREAS, The said Village proposes to construct a storm sewer to <br />take care of this drainage and it is advisable and expedient that an easement <br />be granted over and across a portion of the land owned by the Grantors herein, <br />across which said sewer may be constructed and maintained, <br />NOW, THEREFORE, In consideration of the premises, the suss, of One <br />Dollar ($1.00), and other good and valuable consideration, the receipt whereof <br />is hereby acknowledged, and in further consideration of the promisi' of said <br />Village to construct a storm sewer, as above described, the Grantors herein <br />do hereby grant and convey to the Village of Edina, a m ticipal corporation, <br />its successors and assigns, the right to lay, maintain, operate, and repair <br />the necessary pipes and equipment for the maintenance and operation of a <br />storm sewer and through and over the following described portion of Grantors' <br />premises, more particularly described as the Northwesterly five feet (5 feet) <br />front and rear of of Eleven (11), Block One (1), Brucewood, Edina, Hennepin <br />County, Minnesota. <br />For these purposes the Village is to construct and forever maintain <br />said sewer, as may be necessary, reasonable, and proper, under the circumstances, <br />taking good, nevertheless, at its own expense all damage which may be caused <br />to the surface of the Grantors' parcel of land in so constructing, operating, <br />maintaining, and repairing same, provided that the liability of the Village <br />hereunder shall not be in excess of that imposed on the Village by law in the <br />absence of any agreement in connection with the construction, operation, <br />maintenance, azd''repair of sewers., Village further agrees to provide black <br />dirt and clay fii- necessary, to eliminate any pockets or steep grade on the <br />remaining portion of Grantors' land caused by construction of the storm <br />sewer above the present lot level. <br />IN TESTIMONY WBEREOF, The said Grantors have hereunto set their <br />hands and seals the day and year first above written. <br />Signed, sealed, and delivered <br />in the presence of; <br />LEON DRESSER <br />'My CommiWou Expired Feb• 23,19K <br />, <br />