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EASEMENT ]0.12 S TO ZM SEWER
THIS INSTRUMENT, Made this _$y of ��' 1.—° 19--Z
by and between, ""X� R d s�_c�o L A-7' r- 2_7w/ � z
a corporation under the laws of the State of Minnesota, party of the
first part, and the City of Edina, a municipal corporation organized
under the laws of the State of Minnesota, party of the second parts
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. perpetuity for storm
sewer purposes, including the right to enter for the purpose of
constructing, maintaining, altering, repairing, and reconstructing
a storm sewer system in, under, and over the following described
property situate in the County of Hennepin and State of Minnesota,
to -wit:
A permanent easement, 20 feet in width, the centerline of
which is described as follows:
Commencing at a point on the South line of West 78th Street
which point is located 33.77 feet East of the West line of
the West 10 acres of the NEh of the NWk of Sec. 17, T. 116,
R. 21, lying North of the new State Highway 5s thence South-
easterly, at an angle of 47000.00" turned from the South line
of West 78th Street, a distance of 44.5 feet ± to the edge
of the South branch of Wine Mile Creek and there terminating.
Together with a temporary construction easement 15 feet on
either side of the above described permanent easement. Said
temporary easement shall terminate on December 31, 1974.
TRANSFER ENTERED
U -L � 1974
FIrYANCE DIVISION
H N OUNTY. M1Nl�
sy 1^DE�tR�
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 removed
by any excavation in connection with such construction or mainten-
ance work, in as nearly as possible the same condition as before
such excavation.
This instrument was drafted by
City of Edina
4801 West 50th Street
Edina„ Minnesota 55424
0
Parties of the second part will fully protect, indemnify
and save party of the first part harmless from any liability,
damage, loss or injury whatsoever, either to persons or to property
arising from or related to the construction, alteration, repair,
maintenance, reconstruction and use of the storm sewer system pur-
suant to the terms of this agreement.
The easements and rights herein granted shall terminate
at the election of party of the first part, its successors and
assigns, if any of the following events occurs
(a) The easements herein granted are abandoned by
parties of the second part, their successors
or assigns, or the use of the storm sewer
system is discontinued for one year.
(b) In the event that the Nine bile Creek Watershed
District would allow party of the first part,
its successors and assigns, to alter the course
of Nine Mile Creek in order to maximize the use
of the property, then, and in such an event,
party of the first part, its successors and
assigns, shall have the right to terminate the
easement if said easement should interfere with
the use or development of the property by party
of the first part, its successors and assigns.
IN TESTIMONY WHEREOF, The said first party has caused
these presents to be executed in its corporate name by its
President and its R F5`/ D f /') and its
corporate seal to be hereunto affixed the day and year first
above written.
In Presence of:..
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STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
(� d - l
President Its
Its e e _ i" r/-f cs
On this � ay of 19 -7j!�, before me,
a Notary Public, within and for siod County, personally appeared
� • L /�%� � [_0 uW and L� �t/ 'P ` .4A% / Itl_ ,
to me personally known, who, being each by me duly sworn, did say
that they are respectively the President and the -o-. Ot
R Eli A 't- Al-r- of the corporation named in the fore-
going 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 cor oration by authority
of
its
Board
of
e-�_'Td pus
and
Zl- r
Lg.- Vz
C FA k
/')
be
the
free
act and
deed of said
' ,:Yi st °t'PJ,tli
aX
m
X
and said �P /.iJ t1✓✓!�
acknowledged said instrument to
corporation.
s
Not A WA JOWE LA BRIE
Y �7 mmiftAft Ezpir" Sept 23, Mini,
409 992
AUG 15-74 9 2 L cu3
OFFICE OF REGISTER OF -DEEDS
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I hereby certify that the .within instrument Z
r
was filed for record in this office on the
18 day of AUG A.D. 1974 at 3 v
p'rl.,r;W.9M., and was duly recorded In book,
740f Hennepin County Rerpords
par's 4099992
RE D
' TER OF DEEDS
-
By
[DEPUTY REGISTER OF DEECS .
REG FEE
COPY FEE