HomeMy WebLinkAbout1730EASEMENT
•The undersigned (Grantor) hereby acknowledges receipt of
the sum of One and no /100 Dollars ($1.00) and other valuable con -
sideration from the City of Edina, a Municipal Corporation organized
under the laws of the State.of Minnesota (Grantee), in consideration
of which Grantor hereby grants unto the Grantee, its successors and
assigns, a non- exclusive easement and right of way (Easement) to
construct, maintain, alter, repair and reconstruct an underground
sanitary sewer line in and under the following described property
(Easement Area) situated in the County of Hennepin and State of
Minnesota, to -wit:
That part of Tract A, Registered Land Survey No. 1234 lying within
a 20 foot wide strip of land, the centerline of which is described
as follows:
Beginning at a point on "the West line of said Tract A, which point
.is 119 feet South of the Northwest corner of said Tract A;'thence
East, at right angles to the West line of said Tract A 20 feet;
thence North, 20 feet East of and parallel to the West line of
said Tract A to the North line of said Tract A; thence East along
said North line of Tract A and its Easterly extension a distance
of 165 feet.
Also a temporary construction easement over the West 186 feet of
the North 30 feet and over the South 115 feet of the North 145
feet of the West 72 feet of said Tract A. R.L.S. #1234. Said
temporary construction easement shall terminate on December 31,
1974.
Subject to easements, encumbrances, reservations and restrictions
of record affecting said Easement area.
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To have and to hold"the Easement unto the Grantee, its
successors and assigns, for so long as the Grantee maintains and
uses said Easement Area for said underground sanitary sewer line,.
and in the event said line is abandoned or not used by the Grantee,
then and in that event this Easement shall cease and the Grantee,
its successors and assigns shall release, by suitable recorded in-
strument this Easement of Record.
i ' The Grantor reserves the right to use and enjoy the
Easement*Area except that Grantor shall not use the Easement Area
in any way which.will interfere with 'or endanger any of the
Grantee's facilities therein or use of such.facilities or Easement <
Area.
Hy, acceptance of this Easement, the Grantee for itself, its
successors and assigns covenants and agrees with the Grantor, its
successors and assigns that:
A. The Grantee shall not claim or declare any fee interest
in and to the Easement Area and in the event of eminent domain pro-
ceedings or in settlement.in lieu thereof, the Grantee shall make
no claim against the proceeds or interest derived therefrom, provided
however that Grantee may claim, and shall be entitled to any and
all damages resulting to its facilities, including, but not limited <
to, the cost of removing and relocating the same caused by such
eminent domain proceedings or settlement,
S. The work of installing of said line and related fix -
tures and devices shall be done with care and thereafter or in
the event of any maintefranee, repair or replacement,the Gran -tee
shall restore the surface along the Easement Area substantially
to Its original level and condition and shall further replace
any shrubs or sod removed by any excavation in connection with
such.construction or maintenance work. For the purpose of
constructing, inspecting, maintaining and operating its facilities,
the Grantee shall have the right of ingress to and egress from the
Easement Area over the land of the Grantor adjacent to the Easement
Area and lying between public or private roads and.the Easement
Area, such right to be exercised in such manner as shall occasion
the least practical damage and inconvenience to the Grantor.,
C. Th.e Grantee agrees that the Grantor, its agents,
tenants, successors and assigns shall not be liable for,any loss,
damage, injury or any other casualty of whatsoever kind to the
person or property of anyone (including Grantee) caused 'by Grantee
or arising out of or resulting from Grantee's facilities', in the
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Easement Area or the use by Grantee of the Easement. Area above
described; and the Grantee for itself, its successors and assigns
hereby agrees to indemnify, and hold the Grantor, it's successors
and assigns, harmless from and against all claims for such loss,
damage, injury or other casualty.
IN WITNESS WHEREOF, the Grantor has caused these presents
to be executed this A day of f ftiile ..... , 1974.
DAY2eV DEVELOPMENT COMPANY
a i.n esota.cor ration
By: - �.
Its : .:. /�t=_Sii)f=iV'�' . .
APPROVED AS TO FORM:
Att
By:
Its
(Corporate Seal)
This instrument is exempt from State Deed Tax.
STATE OFinne�c )
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COUNTY OF /t�,►.�.�,�� )
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On this A day of , 19, before me, a Notary Public
within and for said County, personally appeared Mimes.
and }tt�1�Yn f=• t`)3 , to me personally known, who, being each by
me duly sworn, did say that they are respectively the Pro_ ij oP4
and the S ... of the
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 Board of Directors and
and`N►,ri G. H acknowledged said instrument to be the free
act and deed of said corporation.
JANET E. CARLSON
Notary PubUc, Hennepin County, Minn.
My commission expires; My Commission Expires Jan. 31, 1980.
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iJ F'REPAP"'cD BY:
Dayton E�eYFlor�rr,ent Corny ony
777 P�iculfet Ulci(I
Minnccipolis, /Y�i ,r�esvtCJ 554 02
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REGISTERED VOL ............ .. .•PAGE
OFFICE OF REGISTRAR OF TITLES
STATE OF MINNESOTA
COUNTY OF HENNEPIN
hereby certify that the within instrumerif'
was filed in this office on the
day of JUL A.D. 1874 at
— o'clock J f M.
&T_RAR OF TITLES
117 e
I DEPUTY REGISTRAR OF T1
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