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EASEMENT
THIS INSTRUMENT, Made this 15th day of April 19 §j, by
and between Minneapolis, Northfield and Southern Railway
a corporation under the laws of the State of Minnesota, party of the first
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part, and the Village of Edina, a municipal corporation organized under
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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
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party of the second part, the receipt whereof is hereby acknowledged, do
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f Grant, Bargain, Sell, Convey and Warrant to said party of the second part
an Easement in perpetuity for all utility and drainage purposes including,
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but not being limited to, sanitary sewer, storm sewer, water pipes, in-
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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:
A fifteen foot (151) wide easement lying seven and five tenths feet
(7.51) on either side of the following described line:
Commencing at a point on the south line of Eden Avenue, said point
being three hundred sixty -five feet (3651) east of the west line
of Government Lot 8, Section 28, Township 117, Range 21; thence
southerly parallel to the west line of said Government Lot 8 to
an intersection with the easterly extension of the south line of
Lot 2, Block 1, Wanner Addition; thence westerly to the southeast
corner of said Lot 2, Block 1, Wanner Addition.
Together with a ten foot (10') temporary construction easement on
either side of and abutting the above described easement. Said
temporary construction easements will terminate on December 31, 1966.
This easement 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
VqTk, tit as noal;ly as possible tbo so= con449WO of b 9QF# Mh Ov01t .
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TRANSFER ENTERED
JUL 12 1966
ROBERT F, FITZSIMMONS, AUDIT&
HEICCUNTY MINN-
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IN TESTIMONY WHEREOF, The said first party has caused these presents
to be executed in its corporate name by its Exec.Vice- 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, Northfield and Southern Railway
Its Ex.Vice- President
Its Secretary QS
On this 15th day of April 19 66 , before me, a Notary
Public, within and f or 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 Ex.Vice 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
j 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.
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(Notarial Seal)
ROBERT A. NELSON Minn.
Notary Public, Hennepin County,
My commission Expires Mar. 13, 1967.
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1 Pu 434 3613176
EASEMENT
THIS INSTRUMENT, Made this 1- 5,i 5th day of April , 19L66, by
and between Minneapolis Northfield and Southern Railway
a corporation under the laws of the State of Minnesota, 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:
A fifteen foot (15') wide easement lying seven and five tenths feet
(7.51) on either side of the following described line:
Commencing at a point on the south line of Eden Avenue, said point
being three hundred sixty -five feet (3651) east of the west line
of Government Lot 8, Section 28, Township 117, Range 21; thence
southerly parallel to the west line of said Government Lot 8 to
an intersection with the easterly extension of the south line of
Lot 2, Block 1, Wanner Addition; thence westerly to the southeast
corner of said Lot 2, Block 1, Wanner Addition.
Together with a ten foot (10') temporary construction easement on
either side of and abutting the above described easement. Said
temporary construction easements will terminate on December 31, 1966.
This easement 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.
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IN TESTIMONY WHEREOF, The said first party has caused these presents
to be executed in its corporate name by its Exec.Vice- President and its
Secretary . and its corporate seal to be hereunto affixed the
day and year first above written.
In Presence of:
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Minneapolis, Northfield and SQ.lway
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Its Ex.Vice -Prey t
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Its Secretary
On this 15th day of April $ 1966 , before me, a Notary
Public, within and for said County, personally appeared 1, W. McPherson
and D. J. Boyer , to me personally known, who, being each by me
duly sworn, did say that they are respectively the Ex.Vice 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.
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R^_?ERT A. NELSON
Notary pubic, Hennepin County, Minn.
My Commission Expires Mar. 13, 1967.
Filed for reoord on the 12 day of Jul AD 1966 at 9s2O o'clook A.M.
3613176
REC EE.__.
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OFFICF OF P.ECISTER OF DEEDS
STATE OF "dINiVESOTA
COUNTY OF NENNF_'PIN
hereby cert(f that the withi;, in- :trum�y,.
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led for ream, .d in this
aay o ,:,x A. D. 1966
0'0100 , and was duly m,
oZS.S /, of
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p UTY RE ;'STfR OF DEED
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Soo Line Railroad Company
August 28, 1986
City of Edina
Engineering Department
4801 West 50th Street
Edina, Minnesota 55424
Soo Line Building
Box 530
Minneapolis, Minnesota 55440
(612) 347 -8000
RE: Easement between Minneapolis, Northfield and Southern Railway
and the Village of Edina
Gentlemen:
Attached is an easement in favor of the Village of Edina dated
April 15, 1946. The intent of the easement was for "perpetuity for
all utility and drainage purposes including, but not being limited
to, sanitary sewer, storm sewer, water pipes." I am wondering if
this easement is being used for its defined purposes. Please respond
at your earliest convenience.
Yours truly,
P. T. O'Ma11eG�
Y
Manager Real Estate
PTO:ab
attachment
CITY OF
"EDINA
4801 WEST 50TH STREET, EDINA. MINNESOTA 55424
612 - 927 -8861
September 5, 1986
Mr. P.T. O'Malley
Manager Real Estate
Soo Line. Building
Box 530
Minneapolis, Minnesota 55440
RE: Your letter of 8/28/86
Easement for Utilities
Dear Mr. O'Malley:
The easement is being used for the defined purposes as a utility
easement. In particular, a sanitary sewer line is located within
the easement. If you have further questions, please call me at
927 -8861.
Sincerely,
Francis J. offma , P.E.
Director of Public Works
and City Engineer
FJH:im
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
COURT FILE NO. 19534
In the Matter of the Application of )
GORDON C. LEWIS, ) ANSWER OF DEFENDANT
CITY OF EDINA
To Register the Title to Certain Land )
COMES NOW THE DEFENDANT CITY OF EDINA, MINNESOTA, AND FOR ITS
ANSWER STATES:
1. The City of Edina, Minnesota ( "City ") claims a 15 foot wide easement
for utility and drainage purposes pursuant to an instrument filed for record July 12,
1966 as County Recorder Document No. 3613176, over part of Parcel 3, as described in
the Report of Examiner herein.
2. The City has no objection to the registration as long as its rights under
the above stated easement'are preserved. However, this easement should not be
limited to the "Northerly half of Parcel 3," as described in paragraph 4(e) of the
Report of Examiner. The City respectfully requests that the easement be described as
"a 15 foot wide easement in favor of the City of Edina for utility and drainage
purposes filed for record July 12, 1966, as County Recorder Document No. 3613176,
over a portion of Parcel 3 as described in said document."
3. The City was also recommended as a defendant due to possible rights of
the public in a dirt road located Parcel 3. At this time the City is not claiming any
easement rights in the Subject Premises other than as set forth in Document No.
3613176 above.
WHEREFORE, the City requests that the Decree of Registration contain an
appropriate conclusion protecting and preserving the easement rights of the City as
set forth above.
Dated: November 30, 1993
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
DORSEY & WHITNEY
John S. Clifford ( #180051)
Pillsbury Center South
220 South Sixth Street
Minneapolis, Minnesota 55402
Telephone: (612) 340 -5618
Attorneys for Defendant
VERIFICATION
FRANCIS J. HOFFMAN, being duly sworn, states that he is the Director of
Public Works and City Engineer of the City of Edina, Minnesota; that he has read the
foregoing Answer and knows the contents thereof; that the same is true of his own
knowledge, except as to those matters therein stated upon information and belief,
and as to those matters he believes them to be true.
FRANCIS J. OFF
Subscribed and sworn to before me
this 30th day of November, 1993.
Notary Public
CANDICE !. ;EDLER
NOTARV P(IBLIC- MINNESOTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES 1.2698
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CERTIFICATE OF SERVICE
I, John S. Clifford, say that I did, on the 30th day of November, 1993, deposit in
the United States Mail, postage paid, a copy of the foregoing Answer of Defendant,
City of Edina, addressed to the following:
Examiner of Titles
A 701 Hennepin County
Government Center
Minneapolis, MN 55487
Allen E. Christy, Jr.
Hoedeman & Christy, P.A.
1000 Minneapolis Centre
920 Second Avenue South
Minneapolis, MN 55402
Gordon C. Lewis
6824 Chapel Lane
Edina, MN 55424
Court File No. 19634
Attorney for Applicant
Applicant
John S. Clifford
P- .SDO
EASEMENT
THIS INSTRUMENT, Made this Mhday of ApAl , 19 66, by
and between MiNMPoiis, Northfield sad Southern italivay
a corporation under the laws of the State of Minnesota, 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
L
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:
A fifteen foot (1S 1) vide oaseusat lying seven and five, tenths feet
(7.51) on either side of the following described line:
Caseasncing at a point on the south line of Ldea Avenue, said point
being three hundred sixtyflve foot (3651) east of the vest line
of Gove- o w t Lot 8, 8estion 286 township 117, Range 21; thence
southerly parallel to the vest lire of said Cover avaat Lot 8 to
an Intersection with the easterly extension of the south line of
Lot to Block 1, Vanner Addition; thence Westerly to the southeast
corner of said Lot 2, Block 1, Manner Addition.
Together With tan footAlo!) zawrary rcostrnatlon eassurat on
either side of and abutting the above described easement. Said
tempommy construction easemnts will terminate on December 319 1966.
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.
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IN TESTIMONY WHEREOF, The said first party has caused these presents
to be executed in its corporate name by its EXOGM64- President and its
seg!!!g and its corporate seal to be hereunto affixed the
day and year first above written.
In Presence of:
1. lh.
3T� TE OF MINNE3CT.? )
) ss.
COUI4TY OF HENNEPIN )
Mweapolis, Northfield vw southern gallway
Its 411414o"President
Its some, rY
On this Ifth day of ��si1 , 19-0 _, before me, a Notary
Public, within and for said County, personally appeared _I. w, Mcp 9rson
and D. J. BBwr , to me personally known, who, being each by me
duly sworn, did say that they are respectively the lx.VUtPresident and the
SiCSy M 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 DIV*Ciors and said j. r, Mapho"0A
and D. J. Hoy4w acknowledged said instrument to be the free act
and deed of said corporation.
(Notarial Seal)
\N5
R-',?ERT A. NELSON
faot. y P:..... F c.,.. n C_,cnty, Minn.
My Commission Exp,res Mar. 13, 1967.
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