HomeMy WebLinkAbout0123EASEMENT AGREEMENT
THIS AGREEMENT Made and entered into this Today of X9 P. d N ,
19470 by and between DAVID E. THOMAS and ALMA E. THOMAS, his wife, herein-
after called the Grantors, and the VILLAGE OF EDINA, a municipal corporation,
hereinafter called Village, WITNESSETH:
WHEREAS, The Grantors are the owners in fee simple of land located
in the Village of Edina, County of Hennepin, State of Minnesota, more parti-
cularly described as follows, to -wit: Lot Eleven (11), Block One (1),
Brucewood, and
WHEREAS, Surface water from a considerable area surrounding the
above described premises now drains over, on, and across the land of the
Grantors herein, all to the damage of said land, and
WHEREAS, It is desirable that a storm sewer be constructed to take
care of the drainage of this area of land so that the flow thereof will be
properly diverted into Minnehaha Creek, and
WHEREAS, The said Village proposes to construct a storm sewer to
take care of this drainage and it is advisable and expedient that an easement
be granted over and across a portion of the land owned by the Grantors herein,
across which said sewer may be constructed and maintained,
NOW, THEREFORE, In consideration of the premises, the suss, of One
Dollar ($1.00), and other good and valuable consideration, the receipt whereof
is hereby acknowledged, and in further consideration of the promisi' of said
Village to construct a storm sewer, as above described, the Grantors herein
do hereby grant and convey to the Village of Edina, a m ticipal corporation,
its successors and assigns, the right to lay, maintain, operate, and repair
the necessary pipes and equipment for the maintenance and operation of a
storm sewer and through and over the following described portion of Grantors'
premises, more particularly described as the Northwesterly five feet (5 feet)
front and rear of of Eleven (11), Block One (1), Brucewood, Edina, Hennepin
County, Minnesota.
For these purposes the Village is to construct and forever maintain
said sewer, as may be necessary, reasonable, and proper, under the circumstances,
taking good, nevertheless, at its own expense all damage which may be caused
to the surface of the Grantors' parcel of land in so constructing, operating,
maintaining, and repairing same, provided that the liability of the Village
hereunder shall not be in excess of that imposed on the Village by law in the
absence of any agreement in connection with the construction, operation,
maintenance, azd''repair of sewers., Village further agrees to provide black
dirt and clay fii- necessary, to eliminate any pockets or steep grade on the
remaining portion of Grantors' land caused by construction of the storm
sewer above the present lot level.
IN TESTIMONY WBEREOF, The said Grantors have hereunto set their
hands and seals the day and year first above written.
Signed, sealed, and delivered
in the presence of;
LEON DRESSER
'My CommiWou Expired Feb• 23,19K
,
STATE OF MINNESOTA ) ��
)
COUNTY OF HENNEPIN )
On this day of , A. D. 1949, before as, a
Notes Pub1 c ect g� r g Pim perso 1 appeared
G w IY J43 �'�7` O- iaD�hWiFE .
DAVID �.'~THOd ALMA. THO me knor�n o be the persons described
in and ;ho executed the foregoing instrument and acknowledged that they
executed the same as their free act and deed.
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STORM SEWER EASEMENT r�0,
(Nally 5 feet of Lot 11, Block 1 _
Brucewood)
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(THOMAS)
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