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Home My WebLink About598#36 EASEMENT FOR SANITARY SEWER THIS INSTRUMENT, Made this 5t13 day of April 1 19 57, by and between Clarence Ellwood Peterson and Margaret S. Peterson' husband and wife of the County of Hennepin and State of Minnesota, parties of the first part, and the .Village of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in considera- 1 ` #� WNMWAaxmo �y� �be 1pla the SM130"m ot the It is the intention and agreement of*the Parties hereto that the party of the second part shall in the construction, or maintenance of said sanitary sewer replace any §hrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. IN WITNESS, WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: STATE OF MINNESOTA ss. COUNTY OF HENNEPIN ) On this day of AD. 19S-7, before me, a Notary Public within and for said County, personally appeared Clarence Ellwood Peterson and Margaret S. Peterson and , to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) ' l R 4 3060964 r-- #36 1`00&9-126 P 4f 9 EASEMENT FOR SANITARY SEWER THIS INSTRUMENT, Made this 5th day of. April , 1957 ,, by and between Clarence Ellwood Peterson and Margaret S. Peterson, husband and wife , of the County of Hennepin and State of Minnesota, parties of the first part, and the Village of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in considera- tion of One and no/100 (1.00) Dollars, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for sanitary sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing a sanitary sewer system in and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: All that portion of the Northwest Quarter (N4J4) of the Southeast Quarter (SE4) and that part of the Northeast Quarter (NI) of the Southwest Quarter (SW4) - lyit3.g Southeasterly (SEIy) of Valley View Road in Section Five (5), Township One Hundred Sixteen (116) North, Range Twenty -one (21) West, lying within a Sixty (60) foot tract of land the centerline of which is described as followst Commencing at a point on the centerline of Valley View Road, said point being Thirty (30) feet South of the North 'line of the South One -half (S2) of said Section Five (5) as measured at right angles from said North line; theme Easterly, parallel to and Thirty (30) feet Southerly of said North line, a distance of Three Hundred Thirty -three and Six Hundredths (333.06) feet; thence Southwesterly at a deflection angle of Ninety -six Degrees Thirty Minutes (960301) right, a distance of One Hundred Thirty -one and Two Hundredths (131.02) feet; thence Southeasterly at a deflection angle of Eighty -four Degrees Thirty Minutes (810301) left, a distance of One Hundred Eleven and Eight Tenths (111.8) feet to the beginning of a Fourteen Degree, Thirty Minutes (140301) curve to the left having a central angle of Twenty -four Degrees Thirty Minutes (240301) and a radius of Three Hundred Ninety -five and Fourteen Hundredths (395.10 feet; thence along the are of said curve a distance of One Hundred Sixty -nine and Ninety -seven Hundredths (169.97) feet to the end of said curve and the beginning of a Twelve Degree Fifty -five Minute Reverse Curve to the right having a central angle of twelve Degrees Thirty Minutes (120301) and a radius of Four Hundred Forty -six and Six Tenths (446,6) feet; thence along the are of said curve to the right a distance of Ninety -six and Seventy -five Hundredths` . (96.75) feet to the end of said curve; thence Easterly, tangent to the last described curve to the right and parallel to the North line of the South One -half (S2) of said Section Five (5), a distance of Five Hundred Ninety -seven and Four Hundredths (597.04) feet; thence Southerly at a deflection angle of Eighty -nine Degrees Fifty -three Minutes (89 0531) right, a distance of Twenty -nine and Ninety- i Nine Hundredths (29.99) feet to the beginning of a Five Degree Zero Minutes (5001) curve to the right having a central angle of Three Degrees Zero Minutes (3001) and a radius of One Thousand Forty -five and Ninety -two Hundredths (1145.02) feet; thence along the are of said curve a distance of Sixty (60) feet; thence Southerly Sly) tangent to the last described curve a distance of Two Hundred Fifty -five and One Hundredth (255.01) feet; thence Easterly at a deflection angle of Ninety -two Degrees Fifty -three Minutes (920531) left, a distance of One Hundred Thirty -four and Nineteen Hundredths (134.19) feet to the beginning of a Sixteen Degree Zero Minute (1600t) curve to the right, having a central angle of Wwenty- -six Degrees Fifty -five Minutes Thirty Seconds (26 05513011) and a radius of 'Three Hundred Fifty -eight and One Tenth (358.1) feet; thence along the are of said curve to the right a distance of Eighty -four and Fourteen Hundredths (84,14') feet to a point on the East line of the North- west Quarter (NW4) of the Southeast Quarter (SE4) of Section Five (5) located Five Hundred Twenty-four and Ninety -one Hundredths (521.91), feet South of the Northeast corner thereof. Together with a construction easement for entry onto the land of Ninety (90) feet on each side of the centerline, Mich construction easement shall cease and terminate upon the completion of the sewer contract. °80 2126 PAGE 470 It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction, or maintenance of said sanitary sewer replace any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) / A On this_, _4� day of , A.D. 1��%, before me, a Notary Public within and for said County, personally appeared arg ce Ellwood Peterson and Margaret S. Peterson , and to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed, orl yy f, f ��.� •IR list N.��f�t. r L'7 C v ^: i.. oa aa.ev 1407. 20, 1 575 9 Filed for reoord on the 17 day of Apr A.D. 1957 at 3:30 o'alook P.M. 3060964 z 003-00b A • COU14TY I her eb u cL,, - Y. .7' the within ins iva8 filed for recor.-,' ;', this off 17 of APR D. 1957 rf :7, book o 4.G 9(LR A ISTER OF o✓EEDS OED &MTER 11F Vr7r=�, fi TAxxmi, NORDQUIST, THOMSON & Biuufm ATTORNEYS AT LAW Ue2 NORTHWESTERN $ANN :BrJ1XDINC# MINNEAPOLIS 2,MIN1qES0TA GEORGE W.TANNER OSCAR A.NORDgU1ST September 5, 1958 WILLIAM M.THOMSON DONALD H.BRUER GLENN G.NYBECK Village of Edina 4801 West 50th Street Edina, Minnesota Attention: Mr. Meredith Office of the Village Engineer Dear Mr. Meredith: Enclosed is a copy of the description for proposed new easement which I spoke to you about. We suggest that the instrument releasing the old ease- ment simply be a quit claim deed transferring and conveying to Peterson "all rights and easements conveyed and transfer- red to said Village of Edina by that certain instrument dated April 4, 1957, filed April 17, 1957 in the office of the Re- gister of Deeds in and for said Hennepin County, and recorded as Doc. No. 3060964 in Book 2126 of Deeds, page 469 ". We suggest that the deed releasing the old easement be delivered to us when we have filed the plat and delivered to you a deed conveying the new easement on the property not included in The Heights. Yours very truly, TANNER NORDQUIST THOMSON & By Willi-am M. Thomson WMT : cbk Enc 1. Description for new Easement An easement In poxpo for Sanitary Sewer purposes, including the right to enter for the purpose of constructing, maihaaGini.ng, alter- ing, repairing and reconstructing a sanitary sewer ate over and across the following described property situate in to m. County of Hennepin and State of Minnesota, to -wit: All that part of the Northwest Quarter of the Southeast Quarter f SRJ) in Section, rive (5), Township One Hundred Sixteen (,110 North, Range Twenty -cane (21) Vest, which is included within a Strip of land, i sixty (60) feet n width, the center line of whivh strip of land is described as follows: Comme�t vn� e t int of intersection of the venter line of West 66th%" e t boundary line of THE HEIGHTS, acoordi.ng to the recorded plant thereof; thence East along a line parallel with than North line of said Northwest Quarter of South- east Quarter a distance of / g 9 •�O feet; thence Southwesterly deflecting to the right at an Angle of 92 degrees 21 minutes 45 seconds from the last mentioned line a distance of ,344,95 feet; thence .fast deflecting to the ,left from the last described line at an angle of 87 degrees 38 minutes 15 seconds and along a line running parallel, with the North line of NWj SE- a distance of 134439 feet; thence cooti.nu.i.ng in a general Easterly direction along e . tangentiaa:l curve to the right, having a radius of 358.12 feet, a sub -delta angle of 13 degrees 47 minutes 12 seconds fora distance of 86.17 feet to the oi.nt of intersection of said curve and the East line of said NW SE *, said: point of intersection being 524.98 feet South (measured along said East line) from the Northeast oorner of said XW* thena a contihuing in a general Easterly direction along the exten- sion of the last mentioned curve a d.i.stancse of 50 feet and there terminating Together with a construction easement for entry onto the land of 98 feet can each side of the center line of the easement above described, which such construction easement shall, cease and terminate upon com- pletion of the sager contract, j It is intended that the Westerl termini of the North and South ✓ boundary lines of the Sixty i 601 foot strip of land abovo � desori.bed shall be points in common with the intersecstion$ of the North and South lines, respectively, of nest 66th Street and the 4e4k'' boundary line of THE HEIGHTS. ��s,�