Loading...
HomeMy WebLinkAbout1791Mac"'," EDINA Jk 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612 - 927 -8861 / 7 4�1` / RESOLUTION RELEASING OPEN SPACE EASEMENT ON PART OF TRACT A. R.L.S. NO. 1404 WHEREAS, Byerly Development Corporation, a Minnesota corporation, has executed and delivered that certain instrument dated November 13, 1975 entitled "Easement and Waiver of Damages ", filed as Document No. 1161046 in the Office of Registrar of Title, Hennepin County, Minnesota; and WHEREAS, the easement and rights granted thereby are over, upon, across and in the tract of land situated in Hennepin County, State of Minnesota, described as follows: That part of Tract A, Registered Land Survey No. 1404 described as follows: Beginning at the Northwest corner of said Tract A; thence Southerly along the West line of said Tract A a distance of 50 feet; thence Southeasterly a distance of 380 feet to a point distant 185 feet, as measured at right angles, from the North line of said Tract A; thence Northeasterly to a point on the North line of said Tract A, which point is 515 feet East of the Northwest corner of said Tract A; thence Westerly to the Northwest corner of said Tract A; and WHEREAS, the present owner of the subject property has petitioned the City of Edina to release the open space easement; WHEREAS, it is no longer in the best interests of the City of Edina to retain the easement; NOW, THEREFORE, BE IT RESOLVED by the Edine City Council that the Mayor and the City Manager are hereby authorized and directed to execute and deliver an Agreement to release that instrument described herein as Easement and Waiver of Damages. ADOPTED this 7th day of November, 1983. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 7, 1983, and as recorded in the Minutes of said Regular Meeting. _`--'1dL -All - City Clerk 1161 ®46 GOQ, OFFICE OF REGISTRAR OF TITLES STATE. OF MINNESOTA COUNTY OF HENPiEPIN I hereby certify that the within instrument was filed in this office on the L4 day of DEC A.D 1975 at db o'clock Y M. -0�q W/-/- TRAR OF ITLES By DEPUTY REt t-yRAR 6F TITLES v O M I v V� 0 M C� r EASEMENT AND WAIVER OF DAMAGES For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt whereof is hereby acknowledged, Byerly Development Corporation , a Minnesota . corporation (herein called "grantor ", whether one or more), does hit >y grant, bargain, sell, convey and warrant to the CITY OF EDINA, a municipal corporation, in the County of Hennepin, State of Minnesota, the following: A', 1. A perpetual easement over and in the property hereinafter Fdescribed (herein called "Easement Area ") and the bed and water of the body of water adjoining the same, for the purpose of protecting the hydraulic efficiency and natural character and beauty of the Easement Area and of the body of water adjoining the same; and the right and privilege to enter upon the Easement Area with such men and equipment as are necessary, in the opinion of the City of Edina, for the doing of such acts, including construction, reconstruction and maintenance of retaining walls or such similar structures as the City of Edina deems necessary or desirable for accomplishment of the purposes of this easement. ,. 2. All rights of Grantor to construct any building or improvement of any kind on, or to dump upon, fill, otherwise grade or change the level of the Easement Area. 3. All rights of Grantor to cut, burn, remove or in any way change any trees, shrubs, plants or any growing or living thing on the Easement Area. The easeme is and rights hereby granted, bargained, sold, released and warranted are over upon, across and in the tract of land situated in Hennepin County, State of Minnesota, described as follows, to -wit: That part of T act A. Registered Land Survey No. 1404 described as t ollctw* $ beginning at t e Northwest corn*r of aaid Tract As thence Southerly along the Kest line of said Tract A a distance of 50 feett thwxxce Southeasterly distance of 380 feet to a point distant L85 feet, as measured at right angles, tram the Xorth line of said Tract Al thence Northes terly to a point on the north lies of said Tract As which point is 515 feet East of the northwest corner of said Tract As thence Nesterl to the northwest corner of said Tract A* This instrument is exempt from State Deed Tax. f Grantor do s covenant with the City of Edina, its successors and assigns, that it i well seized in fee of the Easement Area aforesaid, and has good right to ell and convey the same in manner and form aforesaid, and that the same are ree from all encumbrances. And the said Easement Area in the quiet and p aceable possession of the City of Edina, its successors and assigns, again t all persons lawfully claiming or to claim the whole or any part thereof, he Grantor will. Warrant and Defend. It is furt er agreed that the Grantor herein does hereby remise, release, acquit an forever discharge on its behalf and on behalf of its or their heirs, succe sors, representatives, grantees or assigns, forever, the City of Edina, and any and all of its officers and employees, of and from any and all claims demands or causes of action of any kind or nature what- soever, which may rise or accrue by virtue of any entry upon or use of the Easement Area for he purposes of this easement. All of the provisions hereof shall run with the land and shall extend to and bind and in re to the benefit of the heirs, representatives, successors, grantees or assign of the respective parties hereto. The use of singular neuter gender here n shall include the feminine and masculine gender and the plural number, whe� applicable. This instr ent is exempt from State Deed Tax. IN WITNESS WHEREOF, Grantor has executed these presents this 13th day of Novemb r , 195 In P esence (Corporate Seal) BYERLY DEVELOPMENT CORPORATION This instrument was drafted by The City of Edina 4801 West 50th Street Edina, Minnesota -2- By 2 Donald D. Byerly Its President W • STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 13th day of November, 1975, by Donald D. Byerly, the President of BYERLY DEVELOPMENT CORPORATION, a Minnesota corporation, on behalf of the cor- poration. n ROBERT A. HEIBERG 0 Notary Public, Hennepin County, Minn. My Commission Expires Mar. 19, 1977.