HomeMy WebLinkAbout107278CII
G15 _
�l.
NOTICE OF ADVERSE CIAIM
(Section 508.70 Minnesota Statutes)
MINNEAPOLIS, NORTHPIEID and SOUTHERN RAILWAY, a South Dakota
corporation, has given to the Village of Edina, a Minnesota municipal
corporation, an easement for utility and drainage purposes in and over
the following described property situate in the County of Hennepin,and
State of Minnesota, to -wit:
That part of Motor Street, vacated, as shown on the plat
of "Brookside Terrace ", lying South of the old. Minneapolis
aid'St. Paul Suburban Railroad Company right -of -way and
between the East and West right -of -way lines of the Minneapolis,
Northfield and Southern Railway's right -of -way, in Section 28,
Township 117 North, Range 21 West, said portion of Motor Street,
vacated, being 111 feet long and 40 feet wide, except that part
of said Motor Street, vacated, lying West of a line drawn parallel
with and 37.89 feet East of the original west line of Lot 27,
"Brookside Terrace ", extended Northerly across said Motor Street,
vacated.
The registered owner of the property over which said easement
is given is Minneapolis, St, Paul, Rochester and Dubuque Electric Traction
Company, a corporation. The ownership of the property over which the
easement is given is by virtue of ownership of the platted lot immediately
to the South of and adjoining said vacated Motor Street.
The grantor of said easement is the successor in interest to
the property described in the Certificate of Title hereinafter referred
to but has not filed and will not now file for registration evidence of
its ownership.
The easement given to the Village of Edina grants to the Village
of Edina an interest in the property above described adverse to said registered
owner.
An executed copy of the aforementioned easement is attached hereto
and made a part hereof.
The registered owner of the above described property is, as stated,
Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company, a
corporation, as evidenced by Certificate of Title No. 11192 in Volume 35,
Page 11192.
The address of the Village of Edina is 4801 West 50th Street,
Edina 24, Minnesota, and any notice or notices to be served upon it under
this Notice of Adverse Claim may be served upon it at such address.
VILLAGE OF EDINA (.
-Village-Manage�
And ���i, / /•G t r
Village Clerk
VERIFICATION
WARREN C. HYDE, Village Manager of the Village of Edina and
GRETCHEN S. ALDEN, Village Clerk of the Village of Edina have read the
foregoing Notice of Adverse Claim, and know the contents thereof and
herein state the same is true and correct to their best information and
belief.
Warren C. Hyde
Gretchen S. Alden
Subscribed and sworn to, before
me, a Notary Public in and for
Hennepin County, Minnesota, this
r�day of October, 1964.
1 N. DALEN
Notary Public, Hennepin County, Mfrt#Kr
MY Commission Expires July 24,197D,
(Notarial Seal)
f
EASEMENT
THIS INSTRUMENT, Made this 23rd day of September , 19„_„, by
and between MINNEAPOLIS,, NORTHFIEI,D and SOUTHERI+1 RAILWAY
South Dakota
a corporation under the laws of the State of X1=NX34XL, party 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 party of the first part, in consider-
ation of One and No /100 Dollars ($1,00), 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 all utility and drainage purposes including,
but not being limited to, sanitary sewer, storm sewer, water pipes, in-
cluding the right to enter for the purpose of constructing, maintaining,
altering, repairing and reconstructing said utility and drainage systems
in and over the following described property situate in the County of
Hennepin and State of Minnesota, to -wit:
That part of Motor Street, vacated, as shown on the plat
of "Brookside Terrace ", lying South of the old Minneapolis
and St. Paul Suburban Railroad Company right -of -way and
between the E.st and ''West right -of way lines of the Minneapolis,
Northfield and Southern Railway's right -of -way, in Section 28,
Township 11T,North Range 21 West, said portion of Motor Street,
vacated, being 111 feet long and 40 feet wide, except that part
of said Fotor Street, vacated, lying West of a line drawn parallel
with and 37.89 feet East of the original West line of Lot 2T,
"Brookside Terrace ", extended Northerly across said Motor Street,
vacated.
This instrument is exempt from state deed tax.
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 utility and drainage systems 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 TESTIMONY WHEREOF, The said first party has caused these presents
to be executed in its corporate name by its Exec Xice- President and its
Secretary and its corporate seal to be hereunto,affixed the
day and year first above written.
In Presence of:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
MINNEAPOLIS, NORTHF'IELD and SOUTHERN RAILWAY
l: �M
Its Exec .V . -President
Its Secretary
On this 23rd day of September � 19 64 , before me, a Notary
Public, within and for said County, personally appeared I. W. McPherson
and D. J. Boyer , to me personally known, who, being each by me
duly sworn, did say that they are respectively the Exec .V. ,President and the
Secretary of the corporation named in the foregoing instrument
and that the seal affixed to said instrument is the corporate seal of said cor-
poration, and that said instrument was signed and sealed in behalf of said cor-
poration by authority of its Board of Directors and said I. W. McPherson
and D. J. Boyer acknowledged said instrument to be the free act
and deed of said corporation.
(Notarial Seal)
RORERT A., NELSON
N,otary Public, Hennepin Counts, Minn,
My Commission Expires Mar. 13, 1962,
A 78
-REVS; R-D vnL ----- -------
10 ZZ
OFFICE OF REGISTRAR OF TITLES
STATE Or M!NNFSOTA
COUN-jY OF HENNEPIN
hereb y cei tif; that the -within inStrulnent
f h 1 a
was filc thl's 6f
19 day c._f 00T A. Lili 106-i at
g 5--
E TY I /6F TITLES
B D J
6 - " EE, TY REGISTRAR OF TITLES
),x
1072-