00MIJ- FAGF3 9 3367441.0
<br />THIS INDENTURE, Blade this 31st day of AUGUST 1962, between Minneapolis, Northfield
<br />and Southern Railway, a corporation under the laws of the State of South Dakota,
<br />party of the first part, and the Village of Edina, a municipal corporation, of the
<br />County of Hennepin and State of Minnesota, party of the second part;
<br />WITNESSETH, That the said party of the first part, in consideration of One and
<br />no 1/00 ($1.00) Dollars, to it in hand paid by the said party of the second part,
<br />the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell and.
<br />Convey to said party of the second part an Easement for the purposes hereinafter
<br />set forth, in and over the following described property situated in the Village of,
<br />Edina, County of Hennepin and State of Minnesota, to wit:
<br />An easement, ten feet (101) in width, for the construction, installation,
<br />operation, maintenance and repair of a storm sewer in, under, over and upon the
<br />following described land, the centerline being described as follows:
<br />Commencing at a point in the east line of Lot 4, Block 9, Countryside Addition,
<br />twenty feet (201) north of the southeast corner thereof; thence easterly on a line
<br />at right angles to,the east line of said Lot 4y beneath the tracks and right of way
<br />of the grantor a distance of sixty -six feet (66t); thence southerly parallel with
<br />the east line of said Lot 4 extended a_ distance of ninety-two and four tenths feet
<br />(92,41) to a connection with an existing storm sewer manhole on the south line
<br />extended westerly of Lot 11, Block 1, of Birchcrest 44th Addition and there terminating.
<br />A31 situated in the Southeast Quarter of the Southeast Quarter of Section 32,
<br />Township 117, Range 21.
<br />It is the intention and agreement of the Parties hereto that the party of the
<br />second part shall in the construction or maintenance of said storm sewer, replace
<br />the surface after any excavation in connection with such construction or maintenance
<br />work, in as nearly as possible the same dondition as before such excavation, and
<br />shall encase an eighteen (1811) inch R.C.F. sewer pipe in approximately thirty (301)
<br />feet of thirty six. (36 ") inch R.C.P. which will be jacked under the railroad tracks
<br />at a depth of ten (101) feet,
<br />So far as it is within the power of the first party to grant this easement shall
<br />be perpetual.
<br />And the said Minneapolis, Northfield and Southern Railway, party of the first
<br />part, for itself and its successors and assigns does covenant with the party of the
<br />second part, its successors and assigns, that it has not made, done, executed, or
<br />suffered any act or thing whatsoever whereby the above described premises or any
<br />part thereof, now or at anytime hereafter, shall be or may be imperiled, charged or
<br />encumbered in any manner whatsoever.
<br />IN TESTIMONY WHEREOF, The said first party has caused these presents to be
<br />executed in its corporate name by its Vice President and its Treasurer & A,sst. Secretary
<br />and its corporate seal to be hereunto affixed the day and year first above written.
<br />In Presence of
<br />MINNEAPOLIS, NORTHFIELD AND OWN RAILWAY
<br />STATE OF MINNESOTA) TREASURER & AS
<br />OUNTY Off' HENNEPIN)ss I
<br />On this 31st day of AUGUST 1962, before me, a Notary Public within and for said County,
<br />personally appeared T.W. Mcpher�on and J. 13Qper to me personally known, who, being
<br />each by me duly sworn each did say that they are respectively the Vice President
<br />and the Treasurer & Asst. SecretgXX of the corp4q,�14on named in the foregoing 'instrument.,
<br />and that the seal affixed to said instrument, -O �h"11.6.ro rate seal of said corporation,
<br />and that said instrument was signed and sea eel kaeha f.of said corporation by authority
<br />of its Board of Directors and said 'n J. Boner acknowledged said
<br />instrument to be the free act and deed ofAs .��r broiara' ;0
<br />44 iiderrepin' County, Minn.
<br />MY cdf n x,p
<br />Eires Mar. 13. 1967_
<br />Filed for r000ri on the 24 day of Sop AD 1962 at 9:20 o tc look A *M*