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Home My WebLink About798r DEED, � 6`.3 3315938 EASEMENT FOR SANITARY SEWER wc�� THIS INSTRUMENT, Made this day of e*;ol-,,� {/1� 19 b by and between ,C„y �tr°f p� �i2�1Ay i1?A�e� psJ `'t_ Pe ![AAA 6 husband and wife, , rf 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 a 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 M,.,i,,pnnesota, to -wit: The Northerly ) feet of a tract of land described as follows: Commencing at a point in the South line of the Southeast Quarter (J) See. 192 T. 282 R. 242 a distance of Three Hundred Twenty -five and Fifty.Hun- dredths ,(325.50) feet East fm m the Southwest corner thereof; thence East One Hundred Twenty -five (125) feet; thence North Forty -six (46) feet to the center line of road; thence Northwesterly along said center line to a point Three Hundred Twenty -five and Fifty Hundredths (325.50) feet East at right angles from the West line thereof; thence South to beginning., except road. TRANSFER ENTEREb Iff 25 1961 ROBERT F. FITZSIMMONS, AUDITH HENNEPIN COUNTY, MINN. 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. X2319 P064- 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 li day of (� cry c� 6 c 2. .9 A.D. 19, before me, a Notary Public within and for said County, personally appeared 6rix1' !�> P Liz .g�T_ and /ViWRI vrj �t. De l&Z,4A husband and wife 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) " t 1 A �� V .. Filed for record on the 25 day of Oct AD 1961 at 9s50 o'clock A.M. r _ 3315933 �, r - 1198 { OCT 25 -61 5 9 3 : 001.759 B t k .t c{`tPS STA :E .CCU TY 07- i .. 7•a t!r, woii, instrument c , ;e on h fo,r j-, �,� in O CT A 1 61 �c, 7�1 �?, end was duly of . r!?;:dAn oofr a o .; u a; 3 ,- 2 � - l tt OF DEEDS 8� C'F' l T' RcGiS c OF S DEED W C� C7 W 9 t 3315939 EASEMENT FOR SANIT.tRY SEWER THIS INSTRUMENT, Made this day of 0 r r,. p Q y 19 b by and between tw0.r Srd �r C • S 'C 9r @�� husband and wife, , rf 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 cf 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: so to" of a two* of Und dweAMA 4w AbUsno . a t in tb► sewo une at t1w fit) at a f►) 44" fm the SeWw"t eft"r 004"al %baw I +are smog" as4r ** (20) ftj" thaw for* Twt#" x (ad►) that M, the 0"W UVW at > r esoAr air III to a POW raw vadirld I M540) tot Xwt at rum a b w as to to b *not read. TRANSFER ENTERED 40251961 ROBERT F. FITZSIMMONS, AUDITDII HENNEPIN COU,NN' MtNN• aY ' U"Tv 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. ARV r 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: ealt� Vat fan, 61-r STATE OF MINNES OTA ) ss. COUNTY OF HENNEPIN On this / -6L day of 0 7`0l,�w , A.D. 196 / , before me, a Notary Public within and for said County, personally appeared e y G NJ (� S' I �, and a,, �l husband and wife, XM 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) ROSE: T 0. DEKRAAY NOTARY PUBI..tC. HENNEPIN COUNTY, MINM) MY COMM18S10N yap „�Es SEPT. 7, 19Q0. 3315933 r EASEMENT FOR 3ANITP RY SEWER THIS INSTRUMENT, Made this / day of (�c�a � K 19�, by and between '�"D 6_e P ��. ) t �2 iA � +4 i a �J ,1` 0P husband and wife , cf 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 TRANSFER ENTEREU +ff 25 1961 ROBERT F. FITZSIMMONS, AUDITOS HENNEPIN COUNTY, MINN. "Ury 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. 1W 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: a STATE OF MINNESOTA ) ss, COUNTY OF HENNEPIN L On this )j!'— day of De ab { rL , A.D. 19 61 , before me, a Notary Public within and for said County, personally appeared '?61 ex+- h v )R.44, and Al ARtyjj !C1Z4A4� husband and wife, �X , 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. � 4,0, TIP Co '0ifh , A Xpfap�7 (Notarial Seal) s coo Oaf �fy t - . DEEP ,, ?M 331593`) EASEMENT FOR ANITARY SEWER THIa INSTRUMENT, Made this day of 0C-T04 -Q(-- , 19-�L, by r� M and between , ,_,� � _S rh 2,,- •+ // (a u �. S T h 171411 � husband and wife, , r.f 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: The Northerly, e (43) feet of a tract of land described as follows: Commencing at a point in the South line of the Southeast Quarter (1) of Sec. 19, T. 28, R. 24, a distance of Three Hundred Twenty -five and Fifty.Hundredths .- (325.50) feet east from the Southwest corner thereof; thence East One Hundred Twenty -five (125) feet; thence Forth Forty -six (46) feet of the center line of road; thence Northwesterly along said center line to a point Three Hundred Twenty -five and Fifty Hundredths (325 -50) feet East at right angles from the West line thereof ;; thence South to beginning, except road* TRANSFER ENTF EU ON 25 1961 ROBERT F. FITZSIMMONS, l41t191TOR HENNEPIN COUr Ty, MINN. 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. I F 0. i�ER t9 P u 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 -- STr TE OF NLINNES OTA ) ss, COUNTY OF HENNEPIN On this %% day of T d bT A, , A.D. 19�, before me, a Notary Public within and for said County) personally appeared / and husband and wife )GO(k 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. eal) A08rR'r b, 15EKRAAV NOTARY PUCLIC. FIEW'EPIN COUNTY, MINNJ MY COMMISSION L'k ?IRLS SEPT. 7, 1866. Filed for record on the 25 day of Oot AD 1961 at 9:50 o'clock A.M. 3315939 DET25-61 r; 001.759; a 1798 OFF STA-' E "U'ly If hi t JI'l he 25� 1-Juln Wok G C, " U fill" U Was p I e / le 'oX ' FC IS I - R OF DEEDS, By -TF UIY W-GIS 7EEDS ;'98 98 ai May 15, 1973 Mr, Thomas S. Erickson Dorsey, Marquart, Windhorst, West & Halladay 2400 First National Bank Building Minneapolis, Minnesota 55402 Res Land Title Summons District Court File No. 17401 Dear Toms in answer to the two questions reference subject in your May 9, 1973. letters 1. There is some confusion about the location of this easement. The sewer is Ann the southwesterly 1/2 (33' ) of Valley View Road - shown in yellow on enclosed map. If we have usual rights to the yellow portion for street purposes, including utility installation, then we have no need for the sanitary sewer easement, 2. The Village did not acquire and does; not hold an easement over any portion of this property for protection of water. We do have ponding rights over the property immediately south of and abutting this property, A very steep bank with retaining walls commences on the south line of the property being registered, We see no need for any easement. Please advise if you have further questions. Yours very truly, Robert C. Dunn, P*E. Director of Public Works and Village Engineer RCD s rh Enclosure r DORSEY, MARQUART, WINDHORST, WEST a HALLADAY DONALD WEST MICHAEL E. BRESS 2400 F I R S T NATIONAL BAN K BUILDING JOHN W. WINDHORST, JR. WALDO F. MAROUART RAYMOND A.REISTER MICHAEL PRICHARD JOHN W. WINDHORST JOHN J. TAYLOR WILLIAM R,SOTH HENRY HALLADAY BERNARD G. HEINZEN MINNEAPOLIS, MINNESOTA S 5 4 0 2 THOMAS R. MANTHEY JULE M.HANNAFORO WILLIAM J. HEMPEL RICHARD G. SWANSON ARTHUR B. WHITNEY JOHN S. HIBBS (612) 333 -2161 FAITH L.OHMAN RUSSELL W LINDQUIST ROBERT 0. FLOTTEN DAVID A. RANHEIM DAVID R. BRINK JOHN D. LEVINE CABLE: DOROW ROBERT J. SILVERMAN HORACE HITCH ROBERT J. STRUYK JAMES M.KLEBBA VIRGIL H. HILL MICHAEL A. OLSON TELEX: 29 -0605 WILLIAM R. HIBBS ROBERT V. TARBOX LARRY W. JOHNSON JOHN D.KIRBY D[FOREST SPENCER THOMAS S. HAY 1468 W —FIRST NATIONAL BANK BUILDING PHILIP F. BOELTER ROBERTJ_JOHNSON G. LARRY GRIFFITH ST. PAU L, MINN ESOTA 65101 WILLIAM B. PAYNE M.B.HASSELOUIST CRAIG A. BECK (612) 227 -8017 JAN STUURMANS PETER DORSEY DAVID L MtCUSKEY R.A.SCHWARTZBAUER GEORGE P. FLANNERY THOMAS 0. MOE DAVID N. FRONEK CURTIS L. ROY JAMES H.O'HAGAN JONATHAN VILLAGE CENTER THOMAS W. TINKHAM ARTHUR E. WEISBERG MICHAEL W. WRIGHT CHASKA, MINNESOTA 56318 JON F. TUTTLE DLANE E.JOSEPH LARRY L. VICK REY (612) 448-4012 ROBERT A. HEIBERG FREDERICK E. LANGE LOREN R. KNOTT EMERY W. BARTLE JAMES B. VESSEY PHILLIP H. MARTIN - -- MICHAEL J. RADMER WILLIAM A.WHITLOCK REESE C. JOHNSON 116 THIRD STREET SOUTHWEST CURTIS LSTINE E.J. SCHWARTZBAUER CHARLES J. HAUENSTEIN ROCHESTER, MINNESOTA 55901 MICHAEL TRUCANO THOMAS M. BROWN CHARLES A. GEER (507) 288-3156 WILLIAM JAEPPEL CORNELIUS D. MAHONEY JOHN C.ZWAKMAN JAMES A.FLADER THOMAS S. ERICKSON JOHN R.WICKS WILLIAM A.JOHNSTONE WILLIAM C. BABCOCK EUGENE L.JOHNSON (� May 9, 17(� 73 WILLIAM E.BOWEN Mr. Robert Dunn Village of Edina 4801 West 50th Street Edina, Minnesota 55424. Re: Land Title Summons District Court File No. 17401 Dear Bob: WILLIAM P_ LUTHER DOUGLAS D.McFARLAND DAVID L BOEHNEN CRAIG L, WILLIAMS VINCENT S. WALKOWIAK ALAN D. GILLILAND JAMES W. LICKE LAWRENCE R.OLIVER FRANK H- VOIGHT WILLIAM E. MARTIN WILLIAM H_HIPPEE, JR. STEPHEN G.SHANK ROBERT A_ BURNS TONI A. BEITZ MICHEL A LAFOND BRADFORD L. FERGUSON ROGER J. MAGNUSON OF COUNSEL DAVID E. BRONSON LEAVITT R. BARKER GEORGE E. ANDERSON ROBERT L VAN FOSSEN Enclosed herewith is a map. The area outlined in red south of Valley View Road and east of Wooddale Avenue is being registered by the above - entitled Torrens proceeding. Immediately to the east of the area outlined in red is a 33' easement, shown in pencil, in favor of the Village for sanitary sewer purposes. The easement to the Village is dated October 11, 1961 and filed October 25, 1961 in Book 2319 of Deeds, page 364 and again on page 365. Also, the area being registered abuts a small pond. In connection with the registration, the Village has been named for two interests. I would like you to review those interests and advise me as to whether the Village is desirous of answering in the action to preserve those interests. Those interests are: 1. The sanitary sewer easement. Does the Village need the said sanitary sewer easement? 2. The platting ordinance (801) reserves easements over land adjoining ponds for protection of waters. Did the Village acquire, or does it hold, an easement over the area being registered pursuant to said ordinance? It is my understanding that the pond is below a fairly steep hill. We have until June 15 to respond in this action. Very truly yours, W V_r Thomas S. Erickson TSE /k1 Enclosure 1`7 7 t. IS r. 14 ,OKEN'S 2ND ADD A-1 3J 7i -JI'14 I POND 1 s "i C, N (1960 Ael-0: IJIAZ r. 2 P 0 N D • SA k w-- J.-Az Z 6 I r VICTORSEN 'S YAK Uj 4 ZZ, 1 F, �� +� ' %L,�k � e�:a' 2 "�HNERI .?c -4 K E 4 OLIN *s A,