HomeMy WebLinkAbout1501S
EASEMENT FOR STORM SEWER
THIS INSTRUMENT, Made this 13thday of
by and between
R. R. Lundgren Inc.
1971 ,
, a corporation under) the laws
of the State of Minnesota, party of the first part, and the Millage of
Edina, a municipal corporation organized under the laws of the State
of Minnesota, party of the second part;
WITNESSETH, that the said parties of the first part, in
consideration of One and No /100 (1.00) Dollars, to them in
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
storm sewer purposes, including the right to enter for the purpose
of constructing, maintaining, altering, repairing and reconstruct-
ing a storm sewer system in, under, and over the following doscrib-
ed property situate in the County of Hennepin and State of Minnesota,
to -wit:
That part of the West five hundred twenty -five feet (52 1)
of the East six hundred seventy -five feet (675') of the
South fourteen (14) rods of Government Lot 1, Section 32,
Township 117, Range 21 lying within a ten foot (10') wi e
strip of land, the centerline of which is described as
follows:
Beginning at the Southwest corner of Lot 2, Block 1,
Schluter's Addition; thence North along the West line
of said Lot 2 a distance of one hundred twenty feet (1 0');
thence Northwesterly at a deflection angle to the left of
sixty (60) degrees, a distance of forty feet (40') and
there terminating.
This instrument is exempt from the State Deed Tax
This instrument was drafted by
Village of Edina
4${31 West 50th Street
Zdina„ Minnesota, 065494
It is contemplated that parties of the first part
a future time wish to make improvements to this property. Itlis
agreed that parties of the first part will have the right to
such improvements and may require the temporary removal from,lor
at
temporary relocation on, said Lot 2, Block 1, Schluter's Addition,
of the pipe during construction of such improvement as party Of
the second part shall elect, and upon completion of such i
the pipe shall be replaced to its prior location. Party of
second part is hereby granted the right and easement to relocate
the pipe upon said Lot 2 if relocation instead of removal is
elected by party of the second part, the area of such relocation
to be determined by party of the second part subject to the
reasonable approval of parties of the first part. Parties of the
first part further agrees, before any construction or improvement
of any kind is done on the property owned by parties of the first
t
part and of which this easement forms a part, and which construction
or improvement will or may reasonably be expected to result in a
movement or dislocation of, or damage to, the pipe then installed
in the easement area, or which may result in temporary removal or
relocation of the pipe pursuant to the preceding sentence, pa
of the first part will give written notice to party of the second
part at least ten days prior to the beginning of such constru
or improvement, stating in said notice the kind of construct!
improvement to be done and the date of commencement thereof.
of the second part shall then take such reasonable efforts as
of the second part may think necessary to protect and
damage to the pipe or, if required pursuant to the foregoing
provisions, to remove or relocate the pipe, at the cost and
or
Party
party
of party of the second part. However, if no such notice be given
0
by parties of the first part to party of the second part, and if
damage results to any pipe then in the easement area as a result
of the construction or improvement, parties of the first part
shall repair such damage pursuant to and in accordance with
specifications and requirements of party of the second part, at
the sole cost and expense of parties of the first part. Thes
provisions shall not be construed to give parties of the firs
part the right to permanently remove or permanently relocate
such pipe or in any way to permanently use the easement area
trary to the right of party of the second part therein, as granted
by this easement. The receipt and acceptance of this grant o
easement by party of the second part shall be deemed consent
agreement by party of the second part to the terms and condi
of this paragraph and of the succeeding paragraph.
It is the intention and agreement of the parties hereto
that the party of the second part shall in the construction,
maintenance of said storm sewer replace any shrubs or sod
by any excavation in connection with such construction or
ance work, in as nearly as possible the same condition as be
such excavation.
I t
IN TESTIMONY IVHEREOF, The said first party has caused these presents
to be executed in its corporate name by its President and its
a r� nv, ' + r + o 91 +Q 1-0 T - -a; d
day an
ear fii t -bove written,
L
In Presence of:
Its President
91_��7 � �1101%__
i
ST. TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Its
On this 13th day of Ju , 19 71 , before me, a �tary
Public, within and for said County, persona ly appeared R. R. Lu re
and , to me personally known, who, being each by me
duly sworn, did say that they are respectively the President and the
of the corporation named in the foregoing inst ument
ponxtimc, and that said instrument was signed ammtxx=d d in behalf of said cor-
poration by authority of its Board of and said Preside kit
and acknowledged said instrument to be the free act
'17d deed of said corporations and that said corporation has no corporate seal.
a
C?ta
L
FR mars
Notary Public, o Hennepin Couaty, �,
MY Commissin i_:, zes June 2A 19M
V,
OFFICE OF REGISTER OF WEDS:
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I hereby certify that the within instrument
was filed for record in this office on the
19 day of JUL A.D. 1971 at//
o'rloc"Am., and was duly recorded In boob
V I of Hennepin County Records
page
-7e A=
I .
-ACTING REGISTER gE
By
DEPUTY REGISTER OF DEEDS
O?A I Y �
6_40F
TRANSFER ENTERED
JUL I ro 1971
DEPT. OF Fil"V1,NCE
HEN - N UN-- INN.
By DEPUTY
L4.
JUL 19-71
5 5 Ir' 7
C."
0 0 8
V,
OFFICE OF REGISTER OF WEDS:
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I hereby certify that the within instrument
was filed for record in this office on the
19 day of JUL A.D. 1971 at//
o'rloc"Am., and was duly recorded In boob
V I of Hennepin County Records
page
-7e A=
I .
-ACTING REGISTER gE
By
DEPUTY REGISTER OF DEEDS
O?A I Y �
6_40F
TRANSFER ENTERED
JUL I ro 1971
DEPT. OF Fil"V1,NCE
HEN - N UN-- INN.
By DEPUTY
I
3895556
EASEMENT FOR STORM SEWER
THIS INSTRUMENT, Made this 12thday of Ju
by and between
to
r,
1971,
husband and wife , of the County of He nepin
and State of Minnesota, parties of the first part, and the Vi lage
of Edina, a municipal corporation organized under the laws of the
State of Minnesota, party of the second part;
WITNESSETH, that the said parties of the first part,
consideration of One and No /100 (1.00) Dollars, to them in ha;
in
paid by the said party of the second part, the receipt whereo is
hereby acknowledged, do Grant, Bargain, Sell, Convey, and War ant
to said party of the second part an Easement in perpetuity fo
storm sewer purposes, including the right to enter for the pu pose
of constructing, maintaining, altering, repairing and reconst uct-
ing a storm sewer system in, under, and over the following de crib -
ed property situate in the County of Hennepin and State of Mi nesota,
to -wit:
The South one hundred twenty -five feet (125')
of the West five feet (5') of Lot 2, Block 1,
Schluter's Addition
This instrument is exempt from the State Deed Tax
This instrument was drafted by
Village of Edina
4801 West 50th Street
Edina,. Minnesota 55424
S •0
n
It is contemplated that parties of the first part
y at
a future time wish to make improvements to this property. Itlis
agreed that parties of the first part will have the right to
such improvements and may require the temporary removal from,lor
temporary relocation on, said Lot 2, Block 1, Schluter's Addition,
of the pipe during construction of such improvement as party of
the second part shall elect, and upon completion of such improvement
the pipe shall be replaced to its prior location. Party of
second part is hereby granted the right and easement to relocate
the pipe upon said Lot 2 if relocation instead of removal is
elected by party of the second part, the area of such relocation
to be determined by party of the second part subject to the
reasonable approval of parties of the first part. Parties of
first part further agrees, before any construction or i
the
nt
of any kind is done on the property owned by parties of the first
part and of which this easement forms a part, and which construction
or improvement will or may reasonably be expected to result in a
movement or dislocation of, or damage to, the pipe then installed
in the easement area, or which may result in temporary removal or
relocation of the pipe pursuant to the preceding sentence, parties
of the first part will give written notice to party of the s
part at least ten days prior to the beginning of such construction
or improvement, stating in said notice the kind of constructic
improvement to be done and the date of commencement thereof.
of the second part shall then take such reasonable efforts as
of the second part may think necessary to protect and prevent
damage to the pipe or, if required pursuant to the foregoing
or
Party
party
provisions, to remove or relocate the pipe, at the cost and expense
of party of the second part. However, if no such notice be given
by parties of the first part to party of the second part, and
if
damage results to any pipe then in the easement area as a result
of the construction or improvement, parties of the first part
shall repair such damage pursuant to and in accordance with
specifications and requirements of party of the second part, at
the sole cost and expense of parties of the first part. Thes
provisions shall not be construed to give parties of the firs
part the right to permanently remove or permanently relocate
such pipe or in any way to permanently use the easement area con-
trary to the right of party of the second part therein, as granted
by this easement. The receipt and acceptance of this grant o
easement by party of the second part shall be deemed consent
agreement by party of the second part to the terms and conditions
of this paragraph and of the succeeding paragraph.
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 storm sewer replace any shrubs or sod
by any excavation in connection with such construction or mailnten-
ance work, in as nearly as possible the same condition as bei
such excavation.
i ' ,
If .
0
IN WITNESS WHEREOF, The said parties of the first pa
1
have hereunto set their hands and seals the day and year first
above written.
In Presence of:
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
hus
wife
On this 12th day of July , A.D. 19 71 , before
me, a Notary Public within and for said County, personally appeared
Richard C. Schluter and
husband and
Norma S. Schluter I ,
wife
to me known to be the persons described in and who executed th
foregoing instrument, and acknowledged that they executed the
as their free act and deed.
F! ;n - F R. HA[18E4G
henoeptn couft Mien.
my Gomoi ssIon Expires Dec. 31, 1971
�.s'C5/
V
JUL 19 -71 5 5 6
4.DO?a B
OFFICE OF REGISTER OF DEEDS
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I hereby certify that the within inStruTnWit
was filed for record in this office 011 the
19 day of JUL A.D. 1971 at // ,CJ
o'clockA M., and was duly recorded In b(x*,
:7lof Hennepin County Records
Page
,
ACTING REGIST 0 .-DEEDS
DEPUTY REGISTER OF DEED
•
4
IY
TRANSFER ENTERZED
JUL 1t, ,v(1
DEPT. r?I.. r i` AINIICE
„Y 1r1iNN.
13f-iEl�ify�2 ,
DEPUTY
THIS IMSTRUNW. Bade this L a, jday of
1971,„
a corporation under the law
of the State of Ni.nnesota, party of the first part, and the Viilage of
Winao a nenicipal corporation organised under the laws of the State
of xinnesota, party of the second party
M2TMSNM,
that the said parties of
the.first
parts in
consideration of One
and No /100 (1.00) Sollars,
to
them in h
paid by the said party of the second part, the receipt whereo� is
hereby acknowledged, do Want, Bargain„ Sell, Convey, and
to said party of the second part an sasement in perpetuity
storm soarer purposes, including the right to enter for the
of constructing, ms►intainiag, altering, repairing and
inq a storm seiner system in, under, and over the following
ed property situate in the County of Nennepin and State of Mi rsota#
to -wit's
That part of the 'Nest five hundred twenty -five feet (525
of the Best sine hundred sewonty- five feet (6751) of the
South fourteen (14) rods of - t Lot 1 Section 32
Township 117, Runge 21 lying within a ten foot (101) wi
strip of land, the centerline of which is described as
follows:
Beginning at the Southwest corner of Lot 2, Block 1,
Schluter. "s Additions thence North along the Best line
of said Lot 2 a distance of one hundred twenty feet (120 )t
thence Northwesterly at a deflection angle to the left o
sixty (60) degrees, a distance of forty feet (401) and
there terminating.
This instrument is exempt from the State Deed Tax
This instrument was drafted by
Village of Edina
4801 West 50th Street
Edina,, Minnesota 55424
It is contemplated that parties of the first part
a future time wish to sake improvements to this property. Itlis
agreed that parties of the first part will have the right to
such improvements and may require the temporary removal from,Ior
temporary relocation one said Lot 2, 'lock1, Schluter's addi
of the pipe during construction of such improvement As party
the second part shall elects and upon completion of such
the pipe shall be replaced to its prior location. tarty of
second part is hereby granted the right and euement to
the pipe upon said Lot 2 if relocation instead of removal is
elected by party of the second part, the area of such
to be determined by party of the second part subject to the
reasonable approval of parties of the first part, parties of
first part further agrees, before any construction or
at
of any kind is done on the property owned by parties of the first
part and of which this easement forms a part, and which eons a
4
or improvement will or may reasonably be expected to result in a
sowement or dislocation of, or damage to, the pipe then
in the easement area, or which may result in temporary removal�or
relocation of the pipe pursuant to the preceding sentence,
of the first part will give written notice to party of the
part at least ten days prior to the beginning of such o
or improvement, stating in said notice the kind of construction or
improvement to be done and the date of commencement thereof,,
of the second part shall then take such reasonable efforts as
of the second part may think necessary to protect and prevent
damage to the pipe are if required pursuant to the foregoing
provisions, to remove or relocate the pipe, at the cost and
of party of the second part. Kowever, if no such notice be
by parties of the first part to party of the second part#
if
damage results to any pipe then in the easement area as a result
of the construction or improvements parties of the first part
shall repair such damage pursuant to and in accordance with
specifications and requirements of party of the second.part,
the sole cost and expense of parties of the first part• she
provisions shall not be construed to give parties of the fir
part the right to permanently rewm* or permanently relocate
such pipe or in any way to permanently use the easement area
trary to the right of party of the second part thereins as
by this easement. The receipt and acceptance of this grant
easement by party of the second part shall be deemed consent
agreement by party of the second part to the terns and ctondi
of this paragraph and of the succeeding paragraph.
It is the intention and agreement of the parties
that the pasty of the second part shall in the constructions
maintenance of said storm sewer replace any shrubs or sod
by any excavation in connection with such construction or
ance Mork, in as nearly as possible the same condition as
such excavation.
IN TESTIMONY WHEREOF The said first party has caused these presents
to be executed in its corporate name'by its President and its
and its corporate seal to be hereunto affixed
day and ypr_. rst above writtent
U
�• IL.' SAR31domm 2W*
In Presence of: By rrraq
Its
3TkTE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Pr 46 ident
On this 13th day of July , 19 71 , before me, a otary
Public, within and for said County, personally appeared R. R. Lund r n
and :XSci���X�
ey are respec ively,�x President and he
zxzxzxax of the corporation named in the foregoing inst ument
and that the seal affixed to said instrument is the corporate seal of said cor-
poration, and that said instru Ott e�oand_j dh:* 4he pdja 1r-
poration by authority of its oardd o Vor and said Presid nt
and acknowledged said instrument to be the fre act
and deed of said corporation,
(Notarial Seal)
FRANCES J.9R/MLEY J C
Notary Public, Hennepin Couritt, loom
My June 28, 1
c
.& 3 Yop-
q—A� ��
3895556
Ushow eat
by ,nowt bet" wo
tort alb *! -1-- 0 PW"" of 0 am* • are ow
*9 aim, a ss rsae aor eat +ars r Ow law e#
Uq a *to= a glows Sao Usawo Od sow fte
so vrovwtr 01tw+a m it the comtr as nows is art sterna► as
am seaft am boadved air -gum s it Unq
of the sot vo Soot it') es gore so MGM* to
addatmos A"itum
'!tea L"twW wrat to t txva the state D"dt "mac
This instrument was drafted by
Village of Edina
4801 West 50th Street
Edina„ Minnesota 55424
n to ao aaa�p►lataA that Per at tbo t eirst owt mat at
a tatwo tun Wma to moko ira as saaaata to qtr, Ott
alre" that t"w of the cunt paart viii bazar aw WAO% to
seek a" ay I" the
tom+ r srIm"im +arM o amid & a t 1. Ko* to ablarta>Ar to
of
the t ftwi +wraMNMrta mores ► of aardb lopm a wl emot so po tp
the 0000" pwa abal& a3Ctt, +ties/ qm-- agar OR sum*
tba PASO Ali be spa to its ptsw to t ► "
..ae" "ft la baa t""" sm ArAot a" aaa"S" to
paa�rt at l+a�awrs taaa fte swim to tho satin of
air rasing n g apt# *%a" Saar so" aa' the kind of
of paarty of tba pwt, 1io r it aw aaab souse be
r.
by p uctlAw of liar *Am* gmt to pefty of tko oem" VW%• Wd !
It to the i��os so" pae*A4*
t'b t Wo piw" of 'moo *Good d PWt dmlkU " moo- IMMtlmol e
oMOk
--am of *&U aftwo oWW xqp& oM SW dWWW or a"
by aw mili t " lob "a am" ow
#IWAm imullo La as SWAV M roMAme as Vii., t so
401AI06 qwawoomrw►*A"*
IN WITNESS WHEREOF, The said parties of the first part
have hereunto set their hands and seals the day and year first
above written.
In Presence of;
STATE OF MINNESOTA)
ss
COUNTY OF HENNEPIN)
On this 12th day of July A.D. 19 71 , bef
me, a Notary Public within and for said County, personally aF
00-11
u d C. #Chutw and aN s 1s '
b"ba" and att
to me known to be the persons described in and who executed
e
ared
foregoing instrument, and acknowledged that they executed the same
as their free act and deed.
(Notarial Seal)
FlGF. N - ^F g HA►.LPERg
hoiary a�,bti� tten;,rPin Count, Ymt
MY �am;�c;ssior. �x(.;ites LeC. 31, 1 7�
I,,' /
1 .
TRANSFER ENTERED -,
JUL 16 jgT1
DEPT. OF FINANCE
HN P , MINN.
BY
bEPUTY