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EASEMENT
THIS INSTRUMENT, Made this day of 1970, by
and between NATIONAL FOOD STORES, INC., a corporation organized under
the laws of the State of Michigan, party of the first part, and 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 consi-
deration 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 perpetuity for underground electric lines in, under
and across the following described property situate in the County of Henne-
pin and State of Minnesota, to -wit:
The East five feet of the Westerly 160 feet of that
part of Lot 43, Auditor's Subdivision Number 172,
Hennepin County, Minnesota, lying North of the South
189.5 feet thereof.
Party of the second part shall have the right to allow use of
such easement by public utility companies and the right to install, cons-
truct, reconstruct, maintain and repair underground electric lines in
the easement area described above, provided the party of the second part
in so constructing, repairing or maintaining said underground electric
lines shall restore the surface without cost to the party of the first
part to as nearly as possible the condition it was in immediately before
such work was done.
In the event party of the first part, its successors or assigns
hereafter requires the easement area described above for the construction
of a building thereon, the parties hereto agree as follows:
1) Party of the first part shall duly execute and deliver
to party of the second part a recordable alternate ease-
ment area of at least the same widtii as the easement area
described above for the same purpose and upon the same
terms, covenants and conditions as set forth herein.
The exact location and width of said alternate easement
area shall be subject to the reasonable approval of
party of the second part. No such relocation,shall,
however, be such as to impair the safe and efficient
operation of the underground electric lines for the
purpose intended.
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'WITHIN OESCRIBEb
OPERTY ARE PAID,
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2) Party of the first part shall, at its sole cost and ex-
pense, relocate any underground electric lines, located
in the easement area described above within the alternate
easement area.
3) Upon the completion by party of the first party of the
matters set forth in paragrapisnumbered 1 and,2 above,
party of the second part agrees to surrender and extin-
guish its easement over the easement area described above
by written release without warranties.
IN TESTIMONY WHEREOF, The said first party has caused these pre-
sents to be executed in its corporate name by its Vice President and its
Asst. Secy, and its corporate seal to be hereunto affixed the
day and year first above written.
In Presence of:
1.
NATIONAL FOOD STORES, INC.
By
Its no Presideac
STATE DEED TAX DUE HEREON-
This instrument was drafted fy
Dorsey, Marquart, Windhorst, West & Halladay
STATE OF ILLINOIS ) 2400 1st National Bank Bldg.
) s s . Minneapolis, Minnesota 55402
COUNTY OF COOK )
On this 311b day of July , 1970 , before me, a
Notary Public, within and for said County, personally appeared
W.B. Thomas and R. J. Radebaugh , to me personally known, who,
being each by me duly sworn, did say that they are respectively the
Vice President and the Asst. Secretary of the corporation
named in the foregoing instrument and that the seal affixed to said instru-
ment is the corporate seal of said corporation, and that said instrument was
signed and sealed in behalf of said corporation by authority of its Board
Of Directors and said W. B. Thomas and R. J. Radebaugh
acknowledged said instrument to be the free act`. an � 1, deed of said corporation.
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(Notarial Seal)
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3844498
SEP -2 -7o 11 4 $ 8
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OFFICE OF R6C.19T6R OF DE'q Oe
STATE OF MINNESOTA
COUNTY OF HENNEPIN
1 hereby certify that the within instrument
was filed for record in this office on the
2 day SEP A. D. 9970
o'clock ., and was duly book
recorded
;7 �of Hennepin County Recordsn
page 544498
BY
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Ide-
RMQISTR.R OP DJtEDS
014PYTY R�Y1 /TCR OIo Damon
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kHi ,4SFE)Q F A)77: RV D
SEP,. 2 1970
GEORGE B. HIC Y, AUVI UN
� �. TY, MINN.
DEPUTY