HomeMy WebLinkAbout880ego %W2461 ?w 38 1
350 651
RELEASE OF LIABILITY
Roy W. Smith and Alice C. Smith, husband and wife, owners
of that certain land situated in Hennepin County, Minnesota, to -wit:
Lot 7, Block 2, "Miller's Addition ", Hennepin
County, Minnesota,
for themselves, their heirs, executors, administrators, and assigns, in
consideration of the release by The Village of Edina of certain portions
of an easement over said land, do hereby release and forever discharge
the Village of Edina from liability for damage, destruction, loss, cost
and expense, of every kind whatsoever which may have arisen or may here-
after arise because of the flooding or overflow of water over that part of
said land lying between the lines A and B which are described as follows:
Line A: Commencing at a point on the Easterly line of
Lot 7, Block 2, "Miller's Addition ", Hennepin
County, Minnesota, distant 160 feet Northerly
from the Southeasterly corner thereof; thence
Westerly to a point on the Westerly line of
said Lot 7 distant 160 feet Northerly from
the Southwesterly corner thereof and there
terminating.
Line B: Commencing at a point on the Easterly line of
Lot 7, Block 2, "Miller's Addition ", Hennepin
County, Minnesota, distant 100 feet Northerly
from the Southeasterly corner thereof; thence
Southwesterly to a point on the Westerly line
of said Lot 7 distant 75 feet Northerly from
the Southwesterly corner thereof and there
terminating.
This release shall be, and shall be deemed tobe,a covenant
running with said Lot 7 and shall be binding on all present and future
owners of said Lot 7, or any part thereof, and all persons claiming
under any of said present or future owners.
IN TESTIMONY WHEREOF, Roy W. Smith and Alice C. Smith have
caused these presents to be executed this g;_ day of --' 1964.
No state deed tax is due hereon.
In Presence Of:
Id
i
Roy. Smith
ice C. Smith
r � ,
DEED Z4(i.f
STATE OF I MINNESOTA)
ss.
COUNTY OF RAXSES' :: )
On this 2 may of ' 1964, before me, a Notary Public,
within and for said County, personally appeared Roy W. Smith and
Alice C. Smith, 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.
tinfEtlr lassm�
,Seal)
HARRISON P. DILWORTH, III
No Public, Ramsey County, Minn.
MY Comrnlssion Expires Mar. 1, 1966.
Filed for record on the 2 day of Oct AD 1964 at 9 o'clock A.M.
OCT
OF DEEDS -
7A�r- OF fd�fdNESOTA
COUNTY OF HENNEPIN
f f _;reh certIfl that the with;n instriull -t
in this �;`: o.
f OCT A. D 1564
i°6.s (/Ui(f r�iCJ( "iu
le,e -ate �
a,
toisT�:R. :F. DBEOS
By
D REGISTER OF DEEDS'
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3292248
EASEMENT FOR STORAGE OF WATER
THIS INSTRUMENT, Made this % day of �._.._,.., 196i,
by and between DONALD B. DICKEY and AVIS D. DICKEY, 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:
WHEREAS, parties of the first part own title to the following
described property situate in the County of Hennepin and State of Minnesota,
to -wit:
Lot 7, Block 2, "Miller's Addition ", Hennepin County,
Minnesota, according to the recorded plat thereof.
AND WHEREAS, party of the second part desirds an easement over
said property for the purpose of storage of water;
NOW, THEREFORE, for and in consideration of $1.00 and other good
and valuable consideration, the receipt of which is hereby acknowledged, the
parties of the first part do hereby grant, bargain, sell, convey and warrant to
the party of the second part an easement in perpetuity for the purpose of storage
of water over that part of said first described property lying Southerly of a
line to be described and hereinafter called Line A, including an easement in
perpetuity over said first described property for excavation, construction,
maintenance and repair of a reservoir to contain water on that part of said
first described property lying Southerly of a line to be described and hereinafter
called Line B; provided, however, that parties of the first part shall have and
hereby reserve the right to fill, improve and build on that part of said first
described property lying between said Lines A and B.
Lines A and B are described as follows, to -wit:
Line A Commencing at a point on the Easterly line of Lot 7, Block 2, "Miller's
Addition ", Hennepin County, Minnesota, distant 160 feet Northerly
from the Southeasterly corner thereof; thence Westerly to a point
on the Westerly line of said Lot 7 distant 160 feet Northerly from
the Southwesterly corner thereof and there terminating.
V Boam%23,01 F7.
Line B Commencing at a point on the Easterly line of Lot 7, Block 2,
"Miller's Addition ", Hennepin County, Minnesota, distant 100
feet Northerly from the Southeasterly corner thereof; thence
Southwesterly to a point on the Westerly line of said Lot 7
distant 75 feet Northerly from the Southwesterly corner thereof
and there terminating.
It is further agreed that the party of the second part shall not
be liable for, and that parties of the first part shall hold said party of
the second part harmless against all damage, expense,. cost, loss and liability
to parties of the first part, their property and any and all other persons and
property, not occasioned by or proximately resulting from negligent acts of
said party of the second part or its agents or employees, which may occur as
a result of either party exercising rights granted under this agreement.
State Deed Tax due hereon $1.10.
IN TESTIMONY WHEREOF, The said parties of the first part have
hereunto set their hands the day and year first above written.
In Presence Of
11 . -e I n z
Donald B. Dickey
STATE OF IOWA )
COUNTY OF 6)&-e-& jSS,
0,
Avis D. Dickey r
On this day of 1961, before me,'dta
Public within and for sa d County, personally appeared DONALD B. L?CKEY� mt;
known to be the person described in, and who executed the foregotug itrue,,,; m
and acknowledged that he executed the same as his free act and deEd. �• .'°' �- r''
S ) (Notarial Seal "�
STATE OF MINNESOTA
)SS
COUNTY OF HENNEPIN ) •
On this MAY 15 JR#1 of 1961, before me, a Notary
Public within and for said County personall a eared AVIS D DICKEY tA'
s y
known to be the person described in, and who executed the foregoing .1
and acknowledged that she executed the same as
ar- .fxee act and deed',
(Notarial 4
J
ti��1 94k, r ' j DEFD TAX PAID z.
cows l D�
#i pfAi6l" COUNTY IREASURER -2-
r� 37 7'1
Filed for reoord on the 6 day of Jun A.D. 1961 at 2=40 o'olook P.M.
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329224.►
4
iA z -il r) Itft
C012.0021 A
A- A
880
�)FDEEDS
.OFFICE !IIATF OF 'MINNESOTA
COUNTY OF 141tNNEP'"
I hereby certify - that the Wfain Instrumsm.1
was filed for record in this -6ffjos on
6, del JUN A.. D. MIA=
8 -,duly revokd,
1- a clock and-um
vf 0
of LL Page
R IST F EDV
OF OEM
;AN4'z`fF-R ENTQ ED
JUN 6 1961
k KRT F. FITZSIMMONS, AUDITUE
HENNEPIN COUNTY, MINN.
TV
L.