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EASEMENT AGREEMENT
THIS AGREEMENT, Made this 14�_ day of , 1970, by and
between the VILLAGE OF EDINA, a Minnesota municipal corporation, hereinafter
called "Village ", and JERRY D. KELLEY and ANNA -MAE KELLEY, husband and wife,
of Hennepin County, Minnesota, hereinafter collectively called "Kelleys ",
WITNESSETH: That
WHEREAS, Village owns that certain drainage and utility easement
over the Easterly ten feet (10') of Lot 1, Block 2, Fjeldheim 2nd Addition,
Hennepin County, Minnesota, as shown on the recorded plat thereof on file or
of record in the office of the Registrar of Titles in and for Hennepin County,
Minnesota; and
WHEREAS, Kelleys desire to construct a garage which will encroach
upon the Westerly 3.5 feet of the aforesaid easement as shown in said building
plans and specifications which have heretofore been submitted to Village;
NOW, THEREFORE, In consideration of One Dollar ($1.00) and other
good and valuable consideration, the Village hereby grants the following
easement rights:
1. Kelleys may construct the aforesaid garage which encroaches
over the Westerly 3.5 feet of said platted easement;
2. This grant is conditional upon the covenant of Kelleys hereby
made that Kelleys will hereafter indemnify and hold the Village harmless from
all costs and expenses of any nature, including reasonable attorneys fees,
incurred by the Village by reason of the encroachment of said garage, said
costs and expenses including without limitation any construction, maintenance
or replacement costs pertaining to any utility lines heretofore or hereafter
located within said easement, which costs are incurred by reason of the en-
croachment of said garage upon said utility easement.
The covenants and conditions of this grant of easement shall run
with the land and shall be binding upon the heirs, executors, successors and
assigns of the parties hereto.
This instrument is exempt from State deed tax.
TRANSFER ENTERED
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&EOR,S -E 0, HICKEY, {AUDITOR
h�L COUNTY, MINN.
OW
IN WITNESS WHEREOF, The parties have caused these presents to be
executed the year and day first above written.
In Presence Of:
I
VI
By
An
- 2 -
JEWJ D. K LLEYI
ANNA -MAE KELLEY
m- __
STATE OF MINNESOTA )
) SS:
COUNTY OF HENNEPIN )
On this A (o day of , 1970, before me, a Notary Public
within and for said County personally appeared
and ILA d,4.- to me personally known, who, being each by
me duly sworn did say that they are respectively the
and the of the Village of Edina, a Minnesota municipal
corporation named in the foregoing instrument, and that the seal affixed to
said instrument is the corporate seal of said corporation,: and that said
instrument was signed and sealed in behalf of said corporation by authority
of its Village Council and saidd� e and -
"
�_- acknowledged said instrument to be the free act and deed of
said corporation:
B
J
NOtery Public, He: a ', Mlnp -,
MY Come' ^� 9,'1977
STATE OF MINNESOTA )
SS:
COUNTY OF HENNEPIN )
On this Lday of 1970, before me, a Notary Public
within and for said County personally appeared JERRY D. KELLEY and ANNA -MAE
KELLEY, husband and wife, to me known to he the persons described in, and
who executed the foregoing instrument, and acknowledged that they executed
the same as their free act and deed.
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REGISTRAR OF TITLES
DEPUTY REGISTRAR OF TITLES