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3631:384
E „ ATE OF MMNESOTA,
v� IIU" County of Hennepin
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PROBATE COURT
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Otto Kuschinski, ward.
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C&JN`TY OF HENNEPIN
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DEWS
BOOK2567 P -ME125
3631385
EASEMENT FOR STORM SEWER
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THIS INSTRUMENT, Made this -30th day of = s! t 19 66 , by
The Marquette National Bank of Minneapolis as
and between G.. Ai „ of Was-Estate e€ At-se
Nationa' nankin A oc t'on ited es_o� Ame i of the first
a � I r We Wj! of the rx a� , Mft
part, and the Village of Edina, a municipal •orporation organized under the
laws of the State of Minnesota, party of the second party
WITNESSETH, That the said party of the first part, in consideration
of One and no /100 (1.00) Dollars, to it in hand paid by the said party of the
second part, the receipt whereof is hereby acknowledged, does Grant, Bargain,
Sell, Convey, and Warrant to said party of the second part an Easement in per-
petuity for storm sewer purposes, including the right to enter for the purpose
of constructing, maintaining, altering, repairing, and reconstructing a storm
sewer system in, under, and over the following described property situate in
the County of Hennepin and State of Minnesota, to -wit:
The South ten feet (101) of the East one hundred six and eighty -
eight hundredths feet (106.88') of Lot 1, Block 1, Bings 1st
Addition; together with a fifteen foot (15') strip of land the
center line of which is described as follows; commencing at a
point on the South line of said Lot 1, ninety -six and eighty -
eight hundredths feet (96.881) West of the Southeast corner
thereof; thence Northwesterly at an angle of 610 00' from the
South line of said Lot 1, a distance of eighty -five feet (851)
and there terminating.
This instrument is exempt from State Deed Tax
It is the intention and agreement of the rarties hereto that the party
of the second part shall in the construction or maintenance of said storm sewer
concrete surfaces, Vack top or other hardtop
replace any shrubs gA sod ,wemovea by any euxc'�%44i i�iayconSA W with such con-
struction or maintenance work, in as nearly as possible the same condition as
before such excavationo and in addition, to pay for any physical damages or injury
caused to any buildings on the property as a result of or in connec tion with such
construction, maintaining, altering, repairing and reconstructing said storm sewer
system.
I * �
oK 2567
PmE126
IN TESTIMONY WHEREOF, The said first party has caused these presents
to be executed in its corporate name by its Vice President and its
Truer nffj rPr and its corporate seal to be hereunto affixed the
day and year first above written.
In Presence of:
is
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The Marquette National Bank of Minneapolis
as Guardian of the Estate of Otto Kuschinski
w
By
Its y;rp President
C.
Its Trust Officer . :•``'.��..: `_
On this Ott _day oo { 1 �/(o f�, before me, a Notary
Public, within and for said County, personally appeared William J. Allen
and E. Thomas Welch , to me personally known, who, being each by me
duly sworn, did say that they are respectively the Vice President and the
Trust Officer of the National Banking Association named in the
foregoing instrument and that the seal affixed to said instrument is the
corporate seal of said association, and that said instrument was signed and
sealed in behalf of said association by authority of its Board of Directors
and said W;11;am J. Allen and E Thomas Welch acknowledged said.
instrument to be the free act and deed of sa:
S�rY
No'ary Pubiz, Hermepin County, Minn.
My Commission Expires Sept. 11, 1967,
TRANSFER ENTERED
NOY 14 1966
RO RT F. FIT tMMONS, AUDITOR
N I OUNTY, MI N.
EPUTV
Filed for record on the 14 day of Nov AD 1966 at 2 :20 o'clock P.M.
STATE OF MINNESOTA IN PROBATE COURT
COUNTY OF HENNEPIN FILE NO. 53364.
-In the ?Tatter of the Guardianship of
OTTO KUSCHINSKI, ORDER AUTHORIZING EXECUTION OF
EASEMENT FOR STORM SEWER.
Incompetent Ward.
The above entitled matter coming on to be heard on the petition of The Marquette
National Bank of Minneapolis, as Guardian of the estate of Otto Kuschinski,
incompetent ward, for authority under the provisions of Article 525.67, Minnesota
Statutes Annotated to execute an easement to the Village of Edina, and the Court
having considered the petition and heard remarks of counsel, and being
of the opinion that the petition should be.tranted:
- -IT-IS- ORBERI- that- The Marquette National Bank of Minneapolis, the Guardian_- _ -_____ _
of the estate of Otto Kuschinski, be and it is hereby authorized to execute
and deliver to the Village of Edina, without monetary consideration, an easement
for the construction of a storm sewer covering: in Hennepin County, Minnesota
The South ten feet (101) of the East one hundred six and eighty -eight
hundredths feet (106.881) of Lot 1, Block 1, Dings lst Addition; together with
a fifteen foot (151) strip of land the center line of which is described as
follows: commencing at a point on the South line of said Lot 1, ninety -six and
eighty -eight hundredths feet (96.889) West of the Southeast corner thereof;
thence Northwesterly at an angle of 610 00+ from the South line of said Lot 1,
a distance of eighty -five feet (851) and there terminating. And _
The North ten feet (101) of the East one hundred six and eighty -eight
hundredths feet (106.88) of Lot 2, Block 1, Bings 1st Addition; together with
a fifteen foot (151) strip of land the center line of which is described as
follows; commencing at a point on the North line of said Lot 2, a distance
of ninety -six and eighty -eight hundredths feet (96.881) feet West of the
Northeast corner thereof; thence Southwesterly at an angle of 570 00' from
the North line of said Lot 2 a distancg of forty - seven feet (471) and there termin=
sting.
That a true and correct copy of the proposed easement was attached -to said—
petition for authorit,r, being two instruments, one for the portion of the
proposed easement over Lot 1, Block 1, Bings let Addition, and the other for
the portion of the proposed easement over Lot 2, Block 1, Bings 1st Addition,
and that said proposed instruments contained a provision obligating the Village
of Edina to replace any shrubs, sod, concrete surfaces, black top or other
hardtop surfaces constituting driveways or walks, which might be removed during
any excavation in connection with the installation of said storm sewers, and
to pay for any physical damage in connection therewith; and it further appearing
to the Court that the construction of the storm sewer will result in a benefit
to the interest of the ward in said iescribed real estate, and that it is shown
by the guardian that the construction will actually be of benefit to the said
real estate, and that therefore, the guardian, The Marquette National Bank of
Minneapolis is authorized to executed said proposed Easement for Storm Sewers
as attached to his petition without
monetary consideration thtefor.
r`'•i•_
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Dated: October e1966.
7
1
R ATE JUDGE;,
d
STATE OF KINNESOTA' B 178930
County of Hennepin PROBATE COURT
I, ROSE FOSSEEN, Clerk of the Probate Court, within and for said County, and Custodian of the
Seal and Records of said Court, do hereby certify that I have compared the foregoing copy of the
Order Authorizing Execution of Easement For Storm-Sever in the matter of the
Guardianship of Otto Kuschinski, Incompetent ward.
with the original record thereof preserved in this office and have found the same to be a correct tran-
script of the whole thereof:
' . In Testimony Whereof, I have hereunto subscribed my name and
Y affixed the Seal of said Court, at Minneapolis, in said County,
f this 31st day of October , 19J6
ti zit 4v,
t
Clerk of the Probate Court.
Filed for record on the 14 day of Nov AD 1966 at 2 :20 o'clock P.M.
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3631985
NOV14-66 1 9 is 5 002.50908
OFFICE OF RF_�IST': -R GF DEEDS
3TA,E OF WNNESO7--
COUNTY OF HENNEPIN
her-eb j certify that the within 1p7l-f"!,,,npN
.e( for reo—d in this off -ii
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14 1 of NOV A. D. 1966 16
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