HomeMy WebLinkAbout92300MIJ- FAGF3 9 3367441.0
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EASEMENT
THIS INDENTURE, Blade this 31st day of AUGUST 1962, between Minneapolis, Northfield
and Southern Railway, a corporation under the laws of the State of South Dakota,
party of the first part, and the Village of Edina, a municipal corporation, of the
County of Hennepin and State of Minnesota, party of the second part;
WITNESSETH, That the said party of the first part, in consideration of One and
no 1/00 ($1.00) Dollars, to it in hand paid by the said party of the second part,
the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell and.
Convey to said party of the second part an Easement for the purposes hereinafter
set forth, in and over the following described property situated in the Village of,
Edina, County of Hennepin and State of Minnesota, to wit:
An easement, ten feet (101) in width, for the construction, installation,
operation, maintenance and repair of a storm sewer in, under, over and upon the
following described land, the centerline being described as follows:
Commencing at a point in the east line of Lot 4, Block 9, Countryside Addition,
twenty feet (201) north of the southeast corner thereof; thence easterly on a line
at right angles to,the east line of said Lot 4y beneath the tracks and right of way
of the grantor a distance of sixty -six feet (66t); thence southerly parallel with
the east line of said Lot 4 extended a_ distance of ninety-two and four tenths feet
(92,41) to a connection with an existing storm sewer manhole on the south line
extended westerly of Lot 11, Block 1, of Birchcrest 44th Addition and there terminating.
A31 situated in the Southeast Quarter of the Southeast Quarter of Section 32,
Township 117, Range 21.
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 storm sewer, replace
the surface after any excavation in connection with such construction or maintenance
work, in as nearly as possible the same dondition as before such excavation, and
shall encase an eighteen (1811) inch R.C.F. sewer pipe in approximately thirty (301)
feet of thirty six. (36 ") inch R.C.P. which will be jacked under the railroad tracks
at a depth of ten (101) feet,
So far as it is within the power of the first party to grant this easement shall
be perpetual.
And the said Minneapolis, Northfield and Southern Railway, party of the first
part, for itself and its successors and assigns does covenant with the party of the
second part, its successors and assigns, that it has not made, done, executed, or
suffered any act or thing whatsoever whereby the above described premises or any
part thereof, now or at anytime hereafter, shall be or may be imperiled, charged or
encumbered in any manner whatsoever.
IN TESTIMONY WHEREOF, The said first party has caused these presents to be
executed in its corporate name by its Vice President and its Treasurer & A,sst. Secretary
and its corporate seal to be hereunto affixed the day and year first above written.
In Presence of
MINNEAPOLIS, NORTHFIELD AND OWN RAILWAY
By
a�
STATE OF MINNESOTA) TREASURER & AS
C
lks
OUNTY Off' HENNEPIN)ss I
On this 31st day of AUGUST 1962, before me, a Notary Public within and for said County,
personally appeared T.W. Mcpher�on and J. 13Qper to me personally known, who, being
each by me duly sworn each did say that they are respectively the Vice President
and the Treasurer & Asst. SecretgXX of the corp4q,�14on named in the foregoing 'instrument.,
and that the seal affixed to said instrument, -O �h"11.6.ro rate seal of said corporation,
and that said instrument was signed and sea eel kaeha f.of said corporation by authority
of its Board of Directors and said 'n J. Boner acknowledged said
instrument to be the free act and deed ofAs .��r broiara' ;0
44 iiderrepin' County, Minn.
MY cdf n x,p
Eires Mar. 13. 1967_
Filed for r000ri on the 24 day of Sop AD 1962 at 9:20 o tc look A *M*
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J&D1.75 !
WC 1-XLr
THIs mmmao YsAia this 31st dray of AUGUST 1 20 between Minneapolis, Northfield
and Soasthern Uilways a (:orpror n under the laws o7 the State of South Dakota,
Party of the first pmts wA the Village of Edina, a municipal corporations of the
Ceeaty of Hennepin asd State of Minnsgota, party of the second part;
WIT , that the said party of the first part, in consideration of 010 and
no IjrjD ($1.Co) cellars, to it in hand paid by the said party of the second part,
the reesip% Awrsof is hereby Lodged, does hereby (1rant, Bargain, 9011 and
convey to said party of the second part an Easement fur the purposes h0reieraft0r
wt forth, in and over the following described property situated in the Village of
gdiina, Cousky of gem Win and State of Mi.nne sot a s to mitt
Am e s ton feet (10') in width, for the construction, installation,
opeara.ion, maintenance aaad repair of a storm sewer ins under, over and upon the
#bllswing described lands the centerline being described as followss
Commencing at a point in the east line of Lot k, Bloak 9s Countryside Addition,
tweasip test, (20t) north of the southeast oorAer thereof; thence easterly on a litre
&t r t s files to the east lies of said lot 4s beneath the tracks and right of way
of tbe XrwAor a din snce of sixty -six feet (661 ); theme southerly parallel with
the east, live of said Lot 4 extended a distsnae of ninety-two and four tenths feet
(qj„ #) to a sonuction with an existing storm sewer manhole on the south line
eatendetd veeterly of lot 11, Block is of Birahorest 4th Addition and there terminating.
W sA, in %taus Sovttlseast Quarter of the Southeast Quarter of Section 32,
Township 117, Range 21
It is t1w intoentiou and agreement of the Parties hereto that the party of the
shall in the oonstrxction, or maintenance of said storm sewer, replace
the edam after aatay excavation in connection with such oonstruction or maintenance
att+olk, is as nearly as possible the same jondition as before such excavation, and
dMLu en"Go an a ems (180) inch R.C.P. sewer pipe in approximately thirty (30' )
loot of thirty six ()60) iw R.C.P. which will be jacked under the railroad tracks
sti a depth of too (101) feet.
So far as it is within the power of the first party to grant this easeaent shall
be porpw+@Va l
IN T13TnM M ` F, The said first party has caused these presents to be
exeavLed in its corporate name by its Vjqo Pr dent and its Treaeurer & inset. Secretary
and its corporate goal to be hereunto a Ixed the day and year TUR a vo written.
..
STATE OF MINNUM068
CQuirrY or nowls)
MI %13, WRTHFIELD AND StA3s'RSRt RAIL. Y
'V
`?'23
423
�KANSFER ENTERtLI
SW 24 1962
ROBERT F. FITZSIMMOK ANITO
HwNEWN COU
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923
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