Loading...
HomeMy WebLinkAbout1230� EASEMENT THIS INSTRUMENT, Made this 12th day of Febr.. a r. zr, 19 65 , by and between MINNEAPOLIS. WOR`i?IFIFLD ^nd S0UT�T7T; RATT,.,,7AY South Dakota a corporation under the laws of the State of lfiihe'taY, 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 No1100 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: See Exhibit A attached hereto and hereby made a part hereof for legal description of property. This instrument is exempt frcm State Deed Tax. it is t::e intention rnd 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 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 & SOUTHERN RAILWAY -10M Its V.c� President Its Secretary On this 12th day of February , 19 65 , before me, a Notary Public, within and for said County, personally appeared B. N. Howery and D. J. Boyer , to me personally known, who, being each by me duly sworn, did say that they are respectively the 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 B. N. Howery and D. J. Boyer acknowledged said instrument to be the free act and deed of said corporation. _ �,Z4e-o_� (Notarial Seal) R. i-i £' ^v: �C Notaria Hcnrepin COUT.1y, Minn. Iv'iy %wr ..__:gin c': sees {Jiarch 6, 1967„ t IN TESTIMONY 'WHEREOF, The said first party has caused these presents to be executed in its corporate name by its 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 & SOUTHERN RAILWAY -10M Its V.c� President Its Secretary On this 12th day of February , 19 65 , before me, a Notary Public, within and for said County, personally appeared B. N. Howery and D. J. Boyer , to me personally known, who, being each by me duly sworn, did say that they are respectively the 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 B. N. Howery and D. J. Boyer acknowledged said instrument to be the free act and deed of said corporation. _ �,Z4e-o_� (Notarial Seal) R. i-i £' ^v: �C Notaria Hcnrepin COUT.1y, Minn. Iv'iy %wr ..__:gin c': sees {Jiarch 6, 1967„ t� 14 , I Y 8' ai IXR1.B1.T A to Nasesent, free Minneapolis ► rthf Ul,d aid Southern Railway to Vi~l.lage of ftin*ls date Pe"bruary 12, 1965. 1. `Tire West 2" feet of Lots 27 to 35 3, inclusive, iaf Brookside Terrace 1 and 2. The East three feet of vacated, Brookside Avenue (fairly Main Avenue} lyi bet�Ieets the dtaztX line ^f Mote Sucre* an sbcw. on the plat of Brookside Terrace= extended across said Brookside Avenue, and the forth lines of West 49th Street as show on the plat of "Tingdale Bras' Brookside" extended across said Araookaide Avenue, sarhish rv%rtion of Brookside Avenue (formerly Main Avenue) van vacated try resolution registered July % 1935s as Domment No. 121669 in than Office of the Registrar of Titles, Hennepin County, Minnesota; and 3. All that part of Section 28, Townsbip 117,, Range 21, lying between the South line of Lot 35, said.plat of Brookside Terrace, and its Westerly extension, and the North line of West 49th Street as shown on the plat of "Tingdaale Bros' Brookside" extended Westerly, and lying Westerly of a line drawn parallel with and 34 feet Easterly of the Easterly _. line of said Brookside Avenue; and 4. Than 'West 27 feet of Short Street, vacated, as show on the said plat of Brookside Terrace, and 5. The Eat 24 feet of the 'gent 90 feet of the following described propertyt That past of the former rig t- 6f� -vay of The .Minaeapo],.i.s and St. Paul Suburban Raailroad. Company in the North Half of Government Lot One (1), Section Twenty -eight (28), Township One Hundred Seventeen (17) Borth, Range 'Twenty -one (21) West or the Fifth Principal Meridian.' lying Easterly of a stars lght line drawn frc m. the Northeasterly, corner of Lot lC of Brookside Terraces to the Southeasterly corner . of Lot 9 of Rusa Abbott Park, and lying Westerly of as Line parallel to and two hundred 'thirty (230) feat Easterly of said last described line. Excepting, however, from the above described tracts, that part thereof described as tollovss All that part of Lots 270 2$, send 29 in said plat of Brookside Terrace, lying Northwesterly of as line drawn frame at point on the North lime of said Lot 27, 37.89 feet East of the original Nortbwest corner of said Lot 27, to a point on the West line_ of said Lart e9, 19.3 feet South of the original Northwest cagier of said Lot 29. All according to the respeetivo plats, thereof on file and of record is the Offices of the Register of Deeds and Registrar of Titles,* 'and to thq United States 41overncat Survey thereof, Hennepin County, Minnesota, e OFFICE OF REGISTRAR OF TITLES STATE OF MINNESOTA SOUNTY OF HENNEPIN / hereby certify that the within instrument was- fiW in this office on the 'T day g JIN A. A 5 at o'cl wk- -- `� • REGISTRAR OF TITLES By DEPUTY REGISTRAR OF TITLES E v March 4 1968 Air. Thomas S. Erickson 2400 First National Bank Bldg. Minneapolis* Minn. 55402 Dear Toms Enclosed are the original and one copy of the executed Notice of Adverse Claim which you prepaxed in connection with the filing of an easement for public road purposes over a portion of property owned by the Minne- apolis, Northfield and Southern Railway DYours very truly, Village Clerk fbh enclosures Mrs. Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota Dear Florence: The Village has obtained an easement for public road purposes over a portion of the property owned by Minneapolis, Northfield and Southern Railway. The road is a portion of Brookside Avenue. It is necessary, in connection with the filing of the easement to also file with the easement a Notice of Adverse Claim. An original and two copies of that Notice are enclosed. I have not attached the easement as an exhibit to the Notice because it is being filed in the Abstract office. Will you please have the original and one copy of the enclosed Notice executed by the Manager and Clerk and return them to me. I will then attach- the easement as an exhibit and see to its filing. Verm truly y s, T as S. rickson TSE:ca Enclosures DORSEY, MARQUART, WINDHORST, WEST & HALLADAY JAMES E. DORSEY (1889-19591 DONALD WEST JOHN W. JONES THOMAS S HAY WALDO F MAROUART JAMES B.VESSEY CURTIS D.FORSLUND LAW OFFICES JOHN W.WINDHORST WILLIAM A- WHITLOCK G. LARRY GRIFFITH HENRY HALLADAY E. J. SCHWARTZBAUER CRAIG A. BECK JULE M.HANNAFORD THOMAS M.BROWN DAVID L.M000SKEY 2400 FIRST NATIONAL BANK BUILDING ARTHUR B.WHITNEY CORNELIUS D. MAHONEY THOMAS O. MOE M INN E A P O L I S, M I N N. S 8 4 0 8 RUSSELL W. LINDOUIST THOMAS S. ERICKSON JAMES H. OHAGAN DAVID R. BRINK MICHAEL E. BRESS JOHN M. MASON HORACE HITCH PAUL G.ZERBY MICHAEL W. WRIGHT VIRGIL H. HILL RAYMOND A.REISTER LARRY L. VICKREY TELEP HONE: 332 -3351 ROBERT V. TARBOX JOHN J. TAYLOR LOREN R. KNOTT DEFOREST SPENCER BERNARD G.HEINZEN JOHN W LARSON AREA C ODE: 6 12 ROBERT J.JOHNSON JOHN S. HIBBS PHILLIP H- MARTIN CABLE ADDRESS:DOROW M. B.HASSELOUIST ROBERT O.FLOTTEN JOHN J. HELD PETER DORSEY MORTON LSHAPIRO GEORGE P. FLANNERY JAMES F MEEKER OF COUNSEL CURTIS L.ROY JOHN D. LEVINE DAVID E.BRONSON ARTHUR E- WEISBERG ROBERT J.STRUYK HUGH H. BARBER DUANE E.JOSEPH MICHAEL A. OLSON LELAND IN SCOTT March 1, 1968 FREDERICK E. LANGE LARRY W. JOHNSON LEAVITT R- BARKER Mrs. Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota Dear Florence: The Village has obtained an easement for public road purposes over a portion of the property owned by Minneapolis, Northfield and Southern Railway. The road is a portion of Brookside Avenue. It is necessary, in connection with the filing of the easement to also file with the easement a Notice of Adverse Claim. An original and two copies of that Notice are enclosed. I have not attached the easement as an exhibit to the Notice because it is being filed in the Abstract office. Will you please have the original and one copy of the enclosed Notice executed by the Manager and Clerk and return them to me. I will then attach- the easement as an exhibit and see to its filing. Verm truly y s, T as S. rickson TSE:ca Enclosures � f 3`70396 EASEJENT FOR PUBLIC ROAD PURPOSES THIS INSTRUi -,ENT, f:±ade this 26th day of February 1968 , by and between MINNEAPOLIS NORTHFIELD AND SOUTHERN R LW South Dakota a corporation under the laws of the State of 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 consideration of One and no/100 Dollars ($1.00), 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 public road purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: See Exhibit A attached hereto and hereby made a part hereof for legal description of property. This instrument is exempt from the State Deed Tax EXHIBIT A to Easement from Minneapolis, Northfield and Southern Railway to Village of Edina, date February 26, 1968. 1. The West 27 feet of Lots 27 to 35, inclusive, of Brookside Terrace; and 2. The East three feet of vacated Brookside Avenue (formerly Main Avenue) lying between the South line of Motor Street as shown on the plat of Brookside Terrace, extended across said Brookside Avenue, and the North line of West 49th Street as shown on the plat of "Tingdale Bros' Brookside" extended across said Brookside Avenue, which por- tion of Brookside Avenue (formerly Main Avenue) was vacated by resolution registered July 5, 1935, as Document No. 121669 in the Office of the Regis- trar of Titles, Hennepin County, Minnesota;'and 3. All that part of Section 28, Township 117, Range 21, lying between the South line of Lot 35, said plat of Brookside Terrace, and its Westerly exten- sion, and the North line of West 49th Street as shown on the plat of "Tingdale Bros' Brookside" extended Westerly, and lying Westerly of a line drawn parallel with and 30 feet Easterly of the Easterly line of said Brookside Avenue; and 4. The West 27 feet of Short Street, vacated, as shown on the said plat of Brookside Terrace; and 5. The East 24 feet of the West 90 feet of the follow- ing described property: That part of the former right -of -way of The Minneapolis and St. Paul. Sub- urban Railroad Company in the North Half of Govern- ment Lot One (1), Section Twenty -eight (28), Town- ship One Hundred Seventeen (117) North, Range Twenty -one (21) West of the Fifth Principal Meridian, lying Easterly of a straight line drawn from the Northeasterly corner of Lot 12 of Brookside Terrace to the Southeasterly corner of Lot 9 of Emma Abbott Park, and lying Westerly of a line parallel to and two hundred thirty (230) feet Easterly of said last described line. Page 2 Exhibit A J 1 • Excepting, however, from the above described tracts, that part thereof described as follows: All that part of Lots 27, 28, and 29 in said plat of Brookside Terrace, lying North- westerly of a line drawn from a point on the North line of said Lot 27, 37,89 feet East of the original Northwest corner of said Lot 27, to a point on the West line of said Lot 29, 19.3 feet South of the original Northwest corner of said Lot 29. All according to the respective plats thereof on file and of record in the Offices of the Register of Deeds and Registrar of Titles, and to the United States Government Survey thereof, Hennepin County, Minnesota. IN TESTIMONY IJHEREOF� The said first party has caused these presents to be executed in its corporate name by its Euec.Vice President and its Secretary and its corporate seal to be hereunto affixed the day and year first above written, In Presence of: r � STk TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 0 MINNEAPOLIS, NORTHFIELD AND Ia RR�L V ey,. By I. W. McPherson y Its , 'c Pres*dent�^j ' a \ (:� , D. J. Boyer Its S, ecretary On this 26th day of February._, 1968 , 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 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 "111r9 deed of said corporation dal) �.w � { i. � r • w. - vot_�'t a - ROBERT A: NELSON Notary Public, Hennepin County, Minn. My Commission Expires Mar. 13, 1374. t ZSC) 3703966' z KAR -4-68 3' 6 6 s 002.75-00 8 V/ 0 ME OF RE�-�;FF-!- OF UELDS E H , F -A Sl A � O� kll IF-1-8; COUNTY OF HLENN-PIN I hcreb.q certify that the tv;thin instrument v7 —7 - �-' �,e on Pe f:'l d for in lj�, -: � 4 o; MAR A. 1' 0168 �t L3 o wuuk and was d6 - , - ,, Licd in book (5,? of pa-ce &7613,966 HENNEPI"/ ".ECORD$ BY REGISTER Of DEEDS �x3N� TRANSFER ENTERED MAR 4 1968 GCOR'33E B. HICKEY, AUDITOR - HENNLFIN G U --f , DEPUTY 4. VOL to 9G3242 STATE OF MINNESOTA COUNTY Of HENNEPIN I hereby certify that the within irtstrumerg was fib!rl in this off,ce on the 6 dc;, MAR A. D 19EB at ecjoeK --Til'.R OF 7ITLES By 6L,) v Iz 3 EASE'TENT FOR PUBLIC ROAD PURPOSES TMIS I,\IST:IU,. NT, fIiadc this 26-k-'h day of Fol---z-unEZ- lS 3 , by and bel-Alcen NORTHFIE11.) AND SOUTH7TRN RATYMAY r, 0outh Dakota a corporation under the laws of the State of mimc=cLa:4 party of the first part, and tliia Village of Edina, a municipal corporation organized under the laVIG 0,2 the State o-i 1111innesota, party of the second part; - IMESS"Mri, That the said party oi the fi--st par', in cons i,:era-Aon of one €.nd no1100 Dollars (; 1000), to it in hand paid by the said p-arty of the second part, the receipt whereo-.F is hereby acknowlodge&, does C-ra— -arga-n, Sell, Convey, and warrant to said party o-.` sa-colnd :Dart an in 3i2r- petul,-cy for public road purposes in, unda--, and ov�-,r -Cha property situate in the County of Hennepin and Sta-tea o:F hercof foz legz,.-,,6 doscriplkion of -Is exc-mpt from 'clac St-atc i- . ed "Lax MI'MirM-1 A to Easement from Z'-:inneapolis, Northfield and Southern Railway to Village of Edina, date February 26, 1968. 1. The West 27 feet of Lots 27 to 35, inclusive, of Brookside Terrace; and 2. The East three feet of vacated Brookside Avenue (forme.-ly Main lying between the South line of Motor Street as shown on the plat of Brookside Terrace, extended across said Brookside iiv, -�nue, and the Nort-h line oj-I--- West 49th Strcc-kZ-- as shown on the plat of "Tingdale Bros' Brookside" extended across said Brookside Avenue, which por- tion of Brookside Avenue (,"formerly Main Avenue) was vacated by resolution registered July 5, 1935, as Document No. 121665 in the Office of the ar of Titles, Eenne*,.,,)--n Count Y , Minneso4a; 'and 231, II?ouYns:.Jp 1'7 rv�, --,.11 t.at pa::' of Sect4or Ra e 4 21, lying bet-weer. 1-- Sa *�-,a of Lot 35, L plat- of Brookside and 4--S Westerly exten- sion, and the North line o-;'_- �-Izst- 49th as shown on t1-ie p a t of M:os' Broo*,,`ZS--'"V; extended i dsterly, and !N/-4A-.ig �-'!esterly of a line drawn parallel wit-In. 30 fEcc-l'-I 2ast-o-°--Iy of the Easterly line of said Broc:csiue i-kvcroae; and 4. The West 27 feet of Soort S trcat, v-�- cat-.z d , as sI-.own on the said plat of Lrookzidv r-Ilerrace; TTest 90 ��ee� o" The 2ast 24 feet c: -11 N ;- I ing de-scribed pro - pertly. IT -iat. pa::-'-- of tha former right -of -way of T:he L'.L.-ineapol-'s and St. PLul Sub- .urban Railroad in the North Half!' of Govern- ment- Lot One (1), Sec-- '--"on (28) , ship one Hund-rer! SevenICeen (11-7) North, Twen':;y-one (21) West of the F--'fth Principal lying Easterly straig' a of A. - ght line drawn from, 4t'ha .No-- thews ter ly corne-r of Lot 12 of Brookside Terrace to Lhe Sout"L-Loasterly corner of Lot 9 of Park, and lying Westerly of a liae parallel to and two hundred thirty (230) 2zztczly of said lazt. %,`A"escribed line. Page 2 Exhibit A Excepting, however, from th e abov�a Ccsc.:-fbcd that part thereof described as fo 7 7 0%,13 7' 7 '1 -,-h of Love J. ij(:) L 27, 28, and 29 in said plat of a,'-rrace, lylng westerly of a line drawn from a point on -1-ie line of said Lot 27, 37,89 feet East of the Gricjillial nort-h'.'.'es"'C cornc.: of said LoI%-- 27, to a point on the West line of said Lot 2), 19.3 feet South of the original ZTorthwcst corner of said Lot. 25. 1.11 according to plats tphe-rco-ff o.n file and o.-Z. record Of- Dz.--'ds and O:k! T-.*L.-'Z'Ies, aznd to th,:! States Survey 'Czezao-f, E-c-nnelpin Cc,',�n-'Zy, 0 �N �, ST'r, IM,^1'TV `- r,0; -�1 t arty has causod thc:,o resents Ifi 11:iJ ?11.V �1 � iiail.uUi � 1.. �. Jayd .._:..iJ p �% k' to be executed in its corporate na,T; by i -o >:o President ara its S, Greta rt -rd its corpora-,- seal to be hereunto a fixed the day and year first above written. In Presence of: 0 STIR }E, OF MINNESOTA } sso COUNTY OF HENNEPIN ) n J r Its !3; Preside: � r� its On this 26th day of ,�:070Xtua ru_ 9 � 9 b8 9 bei o--e me) a Notary Public 9 within and f or said Cou ;tyy persona LLy appeared +, o and Bovea 9 to r,a personally k> owns wizo5 being each by re duly s- aorn,� did say that they are respect vely the % :x. trice President and the Sc�;reta y of the corporation named in the foregoing instrument and that the seai affixed to said instru2, ent is the corporate seal of said cor- poration9 and that said instrument was si; ned and saalec`. in behalf of said cor- poration by authority of its Board of %;w ct0 : -z and said 'y' . j ---^son and D. '. Bovea_ -7 acknowledged said instrument uo be t,-,o act nn�3 deed o�x�aid corpora Mono ROSERT A; ili-ELSCN (10 tarial Seal),�,;� ?uilii�, ucr ep;n Coy s . AJ1y commissloj Expires Mar. iii, i57 :.