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HomeMy WebLinkAbout1803D3 416 7 SFP-9-75 2 8 8 7 E'i 003.0027) 8 OFFICE OF REGISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within jnSftrftetq was filed Ior record in this office on ttie 9 de!Xof SEP A.D. 1975 af- !P ' , Z---.,? O'clock, '�'M., and was duly In 1 1 5j of Hennepj;A� 4S Page �4- /REGIS OF EDS By DEPUTY REGISTER OF DEEDS "Ix34 �/ ,�, . XxArry EASEMEV!T F012 PM3r4IC WALKWAY PURPOSES 1975 THIS Ir ?STUME�,'T, Made this day of -` by and between also - not remarried of the' County of ennepin and State of Minnesota, parties 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 part; WITNESSETH, That the said parties of the first part, in consideration of one and No /100 Dollars ($1.00), to them in hand 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 for public walkway purposes, in, under, and over the following de- scribed property situate in the County of Hennepin and State OZ Minnesota, to -wit: All that part of the following described tract: That part of the south 177.50 feet of Lot 31, Auditor's Subdivision No. 172, Hennepin County, Minnesota. described as follows: Lying northerly of the south 42.50 feet of said Lot 31, and southerly of a line drawn from a point on the west line of said Lot 31, distant 47.41 feet northerly from the southwest corner of said tot 31, to a point on the east line of said Lot 31, distant 47.60 feet northerly from the southeast corner of said Lot 31. Co►�tai n i ray 330.3 sq. ft. .f .." ,. This instrument is exempt from State Deed Tax. IN WITNESS WHEREOF, the party hereto-has--executed this instrument as of the day and year first above written. 1 Florence C. Rush . STATE OF SS. COUNTY OF The foreqping instrument was acknowledged before me this day of 1975, by Florence C. Rush, also known as Florence R sh, a widow not remarried, (i . "' T �,'s first -um =nt was drahed by Dorsey, M3rquart, VVindhorst, West & Halladay 2400 13t NatiONA Bictiic MZ h'*► Mkmmmft x$42 -2- r x 416288'7 EASFMFr ?T FO PUB?'.iC WALKWAY PURPOSES THIS INSTRUMENT: Made thisA_ day of 1975 , by and between al.Sr' W not remarried of the'County of Hennepin and State of Minnesota, parties 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 part; WITNESSETH, That the said parties of the first part, in consideration of One and No /100 Dollars ($1.00), to them in hand 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 for public walkway purposes, in, under, and over the following de- scribed property situate in the county of Hennepin and State of j mi.nnesota, to -wit: All that.part of the following described tract: That part of the south 177.50 feet of Lot 31, Auditor's Subdivision io. 172, Hennepin County, Minnesota. described as follows: Lying northerly of the south 42.50 feet of said Lot 31, and southerly of a line drawn from a ooint on the west line of said Lot 31, distant 47.41 feet northerly from the southwest corner of said Lot 31, to a point on the east line of said Lot 31, distant 47.60 feet northerly from the southeast corner of said Lot 31. Containing 330.3 sq.ft. This instrument is exempt from State Deed Tax.. IN WITNESS WHEREOF, the party hereto-has-executed this instrument as of the day and year first above written. Florence C.-Rush STATE OF SS. COUNTY 0 The foregoing instrument was acknowledged before me thisO4-,� day of 1975, by Florence C. Rush, also known as Florence lZushl, 'a widow not remarried, l at�jsnn,aa�� s.,3�aA& !aa�su�mC SHIRLEY GG, d I' EL.L g f Vi' �SOlH � i I,'wvEPIN COUNTY v . Expires Apr t7. I981 This instrument was drafted by Dorsey, Marquart> Windhorst, West & Haliaday 2400 131 Natso" 8" Wdt% Ai'stoetrPO4 Mkwmsofs 55407 .1. -2- TRANSFER ENTERED: �, p 9 1975 FINANCE DIVISION HE NEP1 COUNT . MINN. . DEPUT)L sir • 1 ?0--3 za(;V 5 OFFICE OF REGISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN hereby certify that the within instrument was filed for record in this office on thet 29 day of JUN A.D. 1976 at 2 G o'cloc M., and was duly recorded In book 4Q of Hennepin County Records pagLs jil5 ( "ER OF DEEDS / By tv MCA (% / �%a'd`c/ DEPUTY REGISTER OF DEEDS S Duplicate Filing Certificate 25 Gents J LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT, Made this /Z43f* day of �UntE , 1976, between DONALD M. AND VIOLET L. SATHER, husband and wife (herein called "Grantors "), and the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota (herein called "Grantee "), WITNESSETH: That Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by Grantee, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, bargain, sell, convey, and warrant unto Grantee, its successors and assigns, the right and license to use the walls of the building presently situated on the property described on Exhibit B attached hereto and hereby made a part hereof that abut or adjoin the strip of land (the "Easement Area ") described on Exhibit A attached hereto and hereby made a part hereof, to the extent deemed necessary or desirable by Grantee for the following purpose: Installing, reinstalling, maintaining, repairing and altering a pedestrian lighting fixture for the Easement Area and adjacent areas, such lighting system to be of such quantity, and of such kind, design and quality as Grantee from time to time shall determine. "Grantors and Grantee, for themselves and their respective successors and assigns, for the foregoing considerations, further agree (Grantee.so agreeing by acceptance hereof) with respect to the rights and licenses above granted as follows: 1. This license shall terminate at such time as the Building be voluntarily destroyed or removed from the premises described on Exhibit B; provided, however, that Grantors shall have given Grantee at least ninety (90) days.' prior written notice of the date on which Grantors commence demolition or removal of said building. 2. Any and all lighting equipment, which may be placed on the walls of the.Building pursuant to this license shall be and remain the property of Grantee and may be removed and replaced at any time and from time to time by Grantee. Grantee agrees to repair promptly any and all damage done to any THIS INSTRUMENT WAS DRAFTED BY: City of Edina 4801 West Fiftieth Street Edina, Minnesota 55424 wall as a result of or in connection with the use thereof by Grantee for any of the purposes allowed by this license. 3. If, on the termination of this license, Grantee has not removed all of its lighting equipment, then all of such materials not so removed -shall become the property of Grantors and may be removed and disposed of as Grantors see fit, without compensation to Grantee, and without any liability of Grantee for any costs incurred by Grantors in connection with such removal and disposal. 4. If the Building is hereafter destroyed or removed and if there shall thereafter be constructed a new building or buildings on the premises described on Exhibit B, then the rights and licenses above granted shall be revived and shall extend and apply to the wall or walls of any such new building or buildings which abut or adjoin the Easement Area. 5. All notices, reports or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to any officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses: To Grantors: 3918 West 49� Street Edina, Minnesota 55424 To Grantee: 4801 West 50th Street Edina, Minnesota 55424 Attention: Executive Director Such addresses may be changed by either party upon notice to the other party given as herein provided. 6. Grantee herein, at any time, may transfer and assign all of its rights and obligations under this license to the City of Edina, and Edina shall agree, in writing, to assume all of the obligations of Grantee herein. A duly executed copy of such transfer and assignment, and assumption, shall be given to Grantors. Upon giving such copy to Grantors, Grantee herein shall have no further obligation hereunder to Grantors, their successors or assigns. -2- 7. The provisions hereof shall be deemed covenants running with the property described on said Exhibit B, and shall extend to and bind the Grantors, their successors and assigns, and all future owners of the property described on said Exhibit B. IN WITNESS WHEREOF, Grantors have caused this instrument to be executed the day and year first above writ n. i By Do ather And Violet L. Sather This instrument is Exempt from State Deed Tax. STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this Zj day of ( 1976, by Donald M. and Violet . Sather. P. R. HUNT r NOTARY PUBLIC • MIURMTA HENNEPIN COUNTY My Commission Expires Jan. 17, 198I :a]: s EXHIBIT A All that part of the following described tract: That part of the South 177.50 feet of Lot 31, Auditor's Subdivision No. 172, Hennepin County, Minnesota. described as follows: The South.8.0 feet of the West 7.0 feet and the South 5.0 feet of the East 3.0 feet of the West 10.0 feet of that part of said Lot 31 lying North of the South 42.50 feet of said Lot 31. EXHIBIT B That part of the South 177.50 feet of Lot 31, Auditor's Subdivision No. 172, Hennepin County, Minnesota lying Northerly of the South 42.50 feet of said Lot 31. 2f6125 JUN 29-76 6 T, 0005.509a A OFFICE Or REGISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within instrument was filed for record in this office on the 29 day of JUN A.D. 1976 at/�, P(5 O'clock//M., and was duly recorded it) 'boa page 76 of Hennepin County Recordt 4215125 -1� 11 "loAl— I RLUI I r F 10 C C 0 S BY DEPUTY REGISTER R L 'r REC FEE—.;f �—� COPY FED za,c 6 X� i 42161`5 LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT, Made this L" day of 1976, between DONALD M. AND VIOLET L. SATHER, husband and wife (herein called "Grantors "), and the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota (herein called "Grantee "), WITNESSETH: That Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by Grantee, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, bargain, sell, convey, and warrant unto Grantee, its successors and assigns, the right and license to use the walls of the building presently situated on the property described on Exhibit B attached hereto and hereby made a part hereof that abut or adjoin the strip of land (the "Easement Area ") described on Exhibit A attached hereto and hereby made a part hereof, to the extent deemed necessary or desirable by Grantee for the following purpose: Installing, reinstalling, maintaining, repairing and altering a pedestrian lighting fixture for the Easement Area and adjacent areas, such lighting system to be of such quantity, and of such kind, design and quality as Grantee from time to time shall determine. Grantors and Grantee, for themselves and their respective successors and assigns, for the foregoing considerations, further agree (Grantee.so agreeing by acceptance hereof) with respect to the rights and licenses above granted as follows: 1. This license shall terminate at such time as the Building be voluntarily destroyed or removed from the premises described on Exhibit B; provided, however, that Grantors shall have given Grantee at least ninety (90) days' prior written notice of the date on which Grantors commence demolition or removal of said building. 2. Any and all lighting equipment, which may be placed on the walls of the:Building pursuant to this license shall be and remain the property of Grantee and may be removed and replaced at any time and from time to time by Grantee. Grantee agrees to repair promptly any and all damage done to any THIS INSTRUMENT WAS DRAFTED BY: City of Edina 4801 West Fiftieth Street Edina, Minnesota 55424 wall as a result of or in connection with the use thereof by Grantee for any of the purposes allowed by this license. 3. If, on the,termination of this license, Grantee has not removed all of its lighting equipment, then all of such materials not so removed shall become the property of Grantors and may be removed and disposed of as Grantors see fit, without compensation to Grantee, and without any liability of Grantee for any costs incurred by Grantors in connection with such removal and disposal. 4. If the Building is hereafter destroyed or removed and if there shall thereafter be constructed a new building or buildings on the premises described on Exhibit B, then the rights and licenses above granted shall be revived and shall extend and apply to the wall or walls of-any such new building or buildings which abut or adjoin the Easement Area. 5. All notices, reports or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to any officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses: To Grantors: 3918 West 49-� Street - Edina, Minnesota 55424 To Grantee: 4801 West 50th Street Edina, Minnesota 55424 Attention: Executive Director Such addresses may be changed by either party upon notice to the other party given as herein provided. 6. Grantee herein, at any time, may transfer and assign all of its rights and obligations under this license to the City of Edina, and Edina shall agree, in writing, to assume all of the obligations of Grantee herein. A duly executed copy of such transfer and assignment, and assumption, shall be given to Grantors. Upon giving such copy to Grantors, Grantee herein shall have no further obligation hereunder to Grantors, their successors or assigns. Q►& 7. The provisions hereof shall be deemed covenants running with the property described on said Exhibit B, and shall extend to and bind the Grantors, their successors and assigns, and all future owners of the property described on said Exhibit B. IN WITNESS WHEREOF, Grantors have caused this instrument to be executed the day and year first above writ By e/.�.% %�. i�.. - And Violet L. Sather /�,f• This instrument is Exempt from State Deed Tax. STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1976, by Donald M. and Violet A. Sather. /�eA4o�� -3- P. R. "U"T NOTARY PUBLIC • MM01 HENNEPIN COUN MYConiminion 110060 Jon, y EXHIBIT A All that part of the following described tract: That part of the South 177.50 feet of Lot 31, Auditor's Subdivision No. 172, Hennepin County, Minnesota. described as follows: The South 8.0 feet of the West 7.0 feet and the South 5.0 feet of the East 3.0 feet of the West 10.0 feet of that part of said Lot 31 lying North of the South 42.50 feet of said Lot 31. EXHIBIT B That part of the South 177.50 feet of Lot 31, Auditor's Subdivision No. 172, Hennepin County, Minnesota lying Northerly of the South 42.50 feet of said Lot 31.