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HomeMy WebLinkAbout1267. NEED 3297390 EASEMENT FOR STORAGE OF WATER THIS INSTRUMENT, Made this -:< day of by and between 1961) anci yj fe of the County of Hennepin and State of Minnesota, part es 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: WHEREAS, part_e5of the first part own_ title to the following described property situate in the County of Hennepin and State of Minnesota, to -wit: ;W7 Lot 3, Block 1 "Millerts Addition ", Hennepin County, Minnesota, according to the recorded plat thereof. AND WHEREAS, party of the second part desires an easement over''° said property for the purpose of storage of water; NOW, THEREFORE, for and in consideration of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, the party of the first part do_ hereby grant, bargain, sell, convey and warrant to the party of the second part an easement in perpetuity for the purpose of storage of water over that part of said first described property lying Northerly of a line to be described and hereinafter called Line A. including an easement in perpetuity over said first described property for ingress to and egress from and for excavation, construction, maintenance and repair of a reservoir to contain water on that part of said first described property lying Northerly of a line to be described and hereinafter called Line B; provided, however, that parties of the first part shall have and hereby reserve_ the right to fill, improve and build on that part of said first described property lying between said Lines A and B. Lines A and B are described as follows, to -wit: 0 "GOOX 23015 FAr,4 0 : + Line A Commencing at a point on the Easterly line of said Lot 3 distant 25 feet Southerly from the Northeasterly corner thereof; thence Westerly to a point on the Westerly line of said Lot 3 distant 20 feet Southerly from the Northwesterly corner thereof and there terminating. Line•.B Commencing at the Northeasterly corner of said Lot 3; thence Westerly along the Northerly line thereof to the Northwesterly corner of said Lot 3 and there terminating. It is further agreed that the party of the second part shall not be liable for, and that part ies of the first part shall hold said party of the second part harmless against all damage, expense, cost, loss and liability to parties of the first part, their property and any and all other persons and property, not occasioned by or proximately resulting from negligent acts of said party of the second part or its agents or employees, which may occur as a result of either party exercising rights granted under this agreement. State Deed Tax due hereon $1.10. IN TESTIMONY WHEREOF, The said part ies of the first part have hereunto set their hands Pres Z ice Of STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) the day and year first above written. On this —-- day of , 1961, before me, a Notary %� Public within and for said County, personally appeared DALE D. BARRINGER and MARJORIE M. BARRINGER, husband and wife, to me known to be the persons described in, and who executed a foregoing instrument, and acknowledged that they executed the same their free act 04 - e iYiJ 1�0 r r IC ��n�er�tn +�, Minn_ £ � My. Commission Expires r J% 3 M Seal) rrA) /X r t', _2 Filed for record on the 12 day of Jul.. A, D. 1961 at 9:20 o'clock A. ,'�• ' iz4? 3297590 6� 1 JUL 12 -U 7 5 9 0 $ 002.25fle A r �i r. OFj ICF OF FFib tot nF DFEDS�T- STa.TE OF MRJrd !"0 TA � COUNTY OF HENNF_PIN ! hereb y certify that the within instrument ' was filed for record in �,' -, > 'o Ffiae on the p R�.�rr y JUL JU�. A. [� ��s.1 and was duly reorded in book 3a ofa� � Page �E�TEIF DE EDS DE ISTER OF DEEDS I HANSFER ENTERED JUL 12 1961 ROBERT F. FITL;MMONS, AUDITDR 47CO N, S 14 r U� �l DORSEY, OWEN, MAROUART, WINDHORST & WEST FIRST NATIONAL BANK BUILDING MINNEAPOLIS F'ebr=7 ? -1, 1.567 mr. Dale D. parrroger 5713 Xerxes Avenue South Minneapolis, Minnesota 55410 Deer *, z Ile are enclosing d eoltr of the eaSemout rated July 5 1963, which you and your wife executed In favor of the Vi ge of Edina. Very truly yours., Win A. Whitlock MikW me Enc. cc Mro Florence B. Hal bers ~N P.S. to Yrs. Hallberg: We are enclosing the original copy of the easement for the Village's Files. WAW