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Home My WebLink About573I TRUNK SUM E1 SMIM?r -713 from W. Avon G 1man P to VILUGS OF EDINA -;•1 r Z 7t .;Gr rcoe!d i,-i 3 c. G1 gZ OfA P '_'C" /* -3 /Z E ll TER OF DEEDS D DEPU_ EPU7: REGIST, OF ffi r original. EASEMENT' a► -. THIS AGREEMENT, dated this -7.9, =`'day of August, 1939, by and between W. AVON GI12M and INGA GILMAN, his wife, parties of the first part, herein- , after referred to as grantors, and the VILLAGE OF EDINA, party of the second part, hereinafter referred to as Village, WITNESSETH that to wit: And Whereas, grantors are the owners of the following described property, That part of Northeast Quarter of the Northeast Quarter (NEg NE4) of Section Nineteen (19), Township Twenty -eight (28), Range Twenty -four (24), described as follows Beginning at a point on the North line of said Section.and 36.7 feet East of Northwest corner of Northwest Quarter of Northeast Quarter of Northeast Quarter (NW4 NEB NEg) of said section; thence along the center line of Minnehaha Creek the following courses and distances: South 280141 South 120181 South 380571 South 880141 South 470221 South 120561 South 560391 East 129.6 feet; West 71.1 feet; East 83.1 feet; East 22597 feet; East 246.5 feet; West 89.8 feet; East 169.4 feet; to a point in the East line of Northwest Quarter of Northeast Quarter of Northeast Quarter (NN4 NEg NE4) of said Section and -- 55 feet North of the Southeast corner of said Northwest Quarter of Northeast Quarter of Northeast Quarter (NWg NEg NE'); thence Northerly along East line of Northwest Quarter of Northeast Quarter of Northeast Quarter (NWT NEg NEg) to North line of said Section; thence West along the North line of said section to the point of beginning. Whereas, the Village, which has to acquire an easement for the con- struetion of a sewer across a portion of said premises hereinafter described, Now, Therefore, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration and in further consideration of the mutual covenants and agreements hereinafter set forth, grantors hereby convey to the Village a perpetual easement and right of way for the construe- tion, maintenance, operation and repairing of a sewer through the following portion of said premises described as follows, to -wit: A strip of land 10 feet wide on each side of a straight line drawn from a point of the East line of the Northwest Quarter of the Northeast Quarter of the Northeast Quarter (NW-,', NEg NEg), which is 1922 feet North of the Southeast - corner thereof to a point on the North line of said North- west Quarter of Northeast Quarter of Northeast Quarter (NWg NEB NEg), which is 1,170 feet West of the Northeast corner of said Section Nineteen (19). -1- ea And said Village shall have the right to ingress to and egress from said property for the purpose of inspection, maintenance and repair of said , sewer. IT IS FURTHER UNDERSTOOD AND AGREED and in consideration of the granting of said easement and the mutual covenants herein; 1. That when said sewer is constructed and installed, there shall be only two manholes, the manhole nearest 54th Street to be at least 300 feet distant from said 54th Street and that both of said manholes shall have solid tops or covers, which said covers shall be six inches below the grade of said premises. 2. That the dirt displaced by any excavation shall be replaoed�in its proper strata so that the black or top soil shall be replaced upon the top thereof and not become mixed with other dirt or gravel and that when completed the clay structure shall be such that the natural drainage to Minnehaha Creek shall not have been altered and further that all excess dirt caused and left by said excavation and construction shall be replaced where specified by grantor. 3. That the grade over said sewer when completed shall be re- established and maintained for one year following completion and that any washouts over said sewer are to be corrected at grantors' direction and at the expense of the Village permanently. 4. That the granting of said easement and the construction of said sewer shall not prevent grantors' planting, landscaping, etc. the land covered by said easement and that said grantors may construct such fences and gates as and where they desire and that if any damage is caused by any inspection, repair or maintenance of said sewer, said Village shall repair such damage at its own expense. 5. That during installation and construction of said sewer, no damage will be done to trees now there outside of said twenty foot strip. 6. That said Village, at its own expense, will install a tee or connection in said sewer main for said grantors where they shall designate, to enable connection thereto of a six inch pipe or lateral. 7. That said grantors and the property which they now own, over -2- C • - which said easement is given, shall never become liable for, nor shall any assessment be made against said grantors or the said property for any laterals which may be constructed to connect to the main sewer to be laid across said easement.. Tionvever, should said premises subsequently be sub- divided or should any houses be built in addition to the house intended to be built by grantors for their own use, such additional house or houses, whether connected directly to said main sewer or to the connection pre- viously made by grantors for their own house or to any lateral subsequently constructed, shall be liable for connection charges as assessed by said Village. 8. Said grantors convey for themselves, their heirs, executors, ad- ministrators and assigns, said easement to said Village, its successors and assigns, to have and to hold said premises and privileges forever, and it is understood and agreed that said Village, by the acceptance of this con- veyance and grant of easement, accepts the same subject to all of the covenants, restrictions and agreements hereinbefore set forth, and agrees, for itself, its successors and assigns, to be bound thereby. Witnesses: STATE OF MINNESOTA) ss. COUNTY OF on.this day or-Al , 1939, before me, a Notary Public within and for s&id— county, personally appeared W. Avon Gilman. and .Inga S. Gilman, husband'an.d wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the s e s heir own frr act and deed. c (Seal) Minnesota, My commission expires:HARtA .STRONG NntF +,ty Public, Hennepin County, Minn. Accepted: �%,iy Commission Expires Aug. la, 1945, VILLAGE DIN BY Its ,g 9 -3-