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41'74166
GRANT OF EASEMENT
�C October
THIS INDENTURE, Made this day of , 1975,
between EDINA PROPERTIES, INC., a Minnesota corporation (herein called
"Grantor "), 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").
WITNIESSETH, That Grantor, 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
t Grant, Bargain, Sell, Convey, and Warrant unto Grantee, its successors and assigns,
Forever, a permanent easement over, under, along, and across a tract of land 4
situated in the city of Edina, Hennepin County, Minnesota, legally described
on Exhibit A attached hereto and hereby made a part hereof (hereinafter called
the "Easement Area "), for the following purposes:
F
1. Construction, reconstruction, alteration, maintenance, and
repair of a public walkway, a storm sewer and drainage system,
underground telephone and electrical lines, cables, and
equipment, a lighting system, and signs of a public nature;
and
2. Construction, reconstruction, alteration, maintenance, and
repair of such structures and improvements as Grantee deems
necessary or desirable to accomplish any one or more of the
purposes of this easement.
Grantor, for Grantor and Grantor's successors and assigns, for the
foregoing considerations, further agrees with respect to the Easement Area as
follows:
A. That no improvements or signs of any kind shall be constructed
on or over all or any part of the Easement Area, without, in each instance,
first receiving the prior written consent of Grantee, its successors or assigns.
B. That no goods, equipment, refuse, garbage, or property or material
of any nature, kind, or description.shall be kept, stored, or placed on the
Easement Area, temporarily or permanently, except such as may belong to or
be under the control of Grantee, and then only if used or usable for one or
more of the purposes for which this easement is given.."
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C. That any improvements constructed by Grantor, with the consent
of Grantee, when and if constructed, shall be maintained by Grantor and
Grantor's successors and assigns, at Grantor's and their own cost and expense,
at all times in a. neat; clean, and safe condition and in good state of repair_
D. That the right and easement hereby given to Grantee to install
and maintain underground telephone and electrical lines, cables, and equipment
in the Easement Area shall extend to and include public utility companies.
E. If there shall be a violation or an attempt to violate any of
these covenants, restrictions, or reservations, it shall be lawful for Grantee,
its successors or assigns, to prosecute any proceeding at law or in equity
against the person or persons violating or attemgting7'to violate any such
covenant, restriction, or reservation, and either to'prevent him or them
from so doing or recover damages for such violation.
F. That Grantor is well seized in fee of the Easement Area,.has
good right to sell and. convey the same in the manner and form hereby done,
and Lhat.the same is free from all encumbrances.
This instrument is exempt from State Deed Tax.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments
and appurtenances thereunto belonging or in any wise appertaining, to the
Grantee, its successors and assigns, Forever.
IN TESTIMONY WHEREOF, the said Grantor has caused these presents
to be duly executed the day and year first above written.
a% vaw~t for real prq dL%jbed M
'this instnim nt shall be sent to:
EDINA PROPERTIES, INC.
(na: , =t
1450 West Lake Street
{address;
Minneapolis, Minnesota 55408
W tai
dre#►9d by
Dorsey, MarmS art,. Whir. hoist, `f' >; & Halladay
2:0.0 ist Naiional Hari;( Bid;.
h it als3, A*Rft$0a 555401.
EDIN[ , #ROPE IES, INC.
by! e e
I Cs C.ha►Y a �•
and
TRANSFER EN`I`ERrr U
Nov 4
FINANCE DIVISION
HEN PIN COUNTY, NN.
By 7"" �f
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STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIIY )
f.
The foregoing instrument was acknowledged before me this
day of October 1975, by Russell T. Lund and
H. T. Lund, Jr. Chairman
as and
Secretary respectively, of EDINA PROPERTIES, INC.,
a Minnesota corporation,.on behalf of the corporation.
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HEMIh 7 'N COUWrY
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Pq! C m i n Expires Feb.. 8,'I979
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EXHIBIT .A
That part of Lot 28 lying north of a line drawn 119.9
feet north of and parallel with the south line of said
Lot 28, the south 3 feet of Lot 29, and that part of
the east 1 foot of Lot 30 lying north of a line drawn
parallel with and 119.9 feet north of the south line
of said Lot 30 and south of a line drawn parallel with
and 147 feet south of the north line of said Lot 30,
all in Auditor's Subdivision No. 172, Hennepin County,
Minnesota, according to the plat thereof on file and
of record in the office of the Register of Deeds,
Hennepin County, Minnesota.
4 41
4 �fsj1 -3.75 �#
166 0004.00tD 6
OFFICE OF REGISTER OF DEEDS
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I hereby certify that the within fnafrur ed
was filed for record in thft bffice on the
8-Ada Of NOZ, A.D. IM m�o2 {�
CM ., and was duly recorded In 600R
Hennepin County Records
mm 4I
/J REG fR OF DEEDS
DEPUTY REGISTER OF DEEDS
a
4206855
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT, Made this 3R-D day of MAY , 1976,
between OSWALD PETERSON and RITA PETERSON, husband and wife, (herein together
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 them in hand paid by Grantee, the
receipt and sufficiency whereof is hereby acknowledged, do hereby grant,
bargain, sell, convey, and warrent unto Grantee, its successors and
assigns, the right and license to use the walls of any of the
buildings (the "Buildings ") 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 purposes:
(a) Installing, reinstalling, maintaining, repairing and
altering signs of a public nature, and a lighting
system for the Easement Area, such signs and lighting
system to be of such quantity, and of such kind, design
and quality as Grantee from time to time shall determine.
(b) Supporting any roof which may be constructed over the
Easement Area, such roof to be of such type, design and
quality as Grantee'shall determine, including the right
to attach to or build into such walls such braces,
brackets, supports, cables, beams and other devices or
materials as may be necessary or convenient for the
construction and maintenance of such roof.
Grantors and Grantee, for themselves and their respective heirs,
representatives, 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. Grantors shall not be prohibited by virtue hereof from installing
their own signs on the walls of the Buildings, provided that any such signs
shall comply with all ordinances of the City of Edina as are in force and
effect at the time any such signs are installed, and provided further that
any such signs shall not interfere with Grantee's use of such walls. It is
further understood and agreed that Grantors shall have the right at any time
to construct a new facade on any or all of said walls, provided that such
work shall be done in a good and workmanlike manner and without unnecessary
delay, and provided further that Grantors shall reimburse Grantee for all
costs incurred by Grantee in removing and reinstalling its signs and lighting
equipment necessitated thereby.
2. This license shall terminate at such time as the Buildings may
be 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 Buildings.
3. Any and all signs and lighting equipment, and any and.all
materials or devices provided by Grantee for support of any roof constructed
over the Easement Area, which may be placed on the walls of the Buildings
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 wall as a result of
or in connection with the use thereof by Grantee for any of the purposes
allowed by this license.
4. If, on the termination of this license, Grantee has not removed
all of its signs, lighting equipment and roof support devices, 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 Grantom in
connection with such removal and disposal.
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5. If the Buildings are 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 build-
ing or buildings which abut or adjoin the Easement Area.
6. 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 party or any off icer 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 pre-
paid thereon, addressed to the parties at the following addresses:
To Grantors: 4936 France Avenue South
Edina, Minnesota 55410
To Grantee: 4801 [lest 50th Street
Edina, Minnesota 55424
Attention: Executive Director
Such addresses may be changed by either party uponl notice to the other party
given as herein provided.
7. 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 heirs, representatives
or assigns.
8. 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 heirs, representatives and assigns, and all future owners of the
property described on said Exhibit B.
IN WITNESS WHEREOF, Grantors have hereunto set their hands the day
and year first above written.
-3-
y
Oswald Peterson
P'j cl 1
~ Rita Peterson
This Instrument is Exempt from State Deed Tax.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this a of
1976, by OSWALD PETERSON and RITA PETERSON, husband and wife.
Notary Public
XM��II�'���A'��'AAAAA./IRAAA� � • *'"AX
LYNNAE CAROL NYE
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My Commission Expires Apr, 30, 1
-4
This instrument vas drafted by
Dorsey, Marquett, . gndlttwst, West a Halladay
24W ist Nationaj Fank S'Wq.
Minnar"lis, Minnesota 55402
EXHIBIT A
That part of Lot 28 lying North of a line drawn 119.9 feet
North of a parallel with the South line of said Lot 28, the
South 3 feet of Lot 29, and the North 13.5 feet of the West
10 feet of Lot 26, all in Auditor's Subdivision No. 172,
Hennepin County, Minnesota, according to the plat thereof
on file and of record in the office of the Register of .Deeds
in and for Hennepin County, Minnesota.
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EXHIBI`.0 B
All of Lot 25, Lot 29 except the South 3 feet thereof,
and the East 1 foot of the North 147 feet of Lot 30, all
in Auditor's Subdivision No. 172, Hennepin County,
Minnesota, according to the plat thereof on file and of
record in the office of the Register of Deeds in and
for Hennepin County, Minnesota.
A
4206 55
MAY 13-76 C 8
5 5 g 4006.25'u
3;'F'1CftF REGISTER OF DEEDS
STATE OF MINNESOTA
COUNTY OF HENNEPIN
hereby certify that the W ln jn*U tAaL
was filed for record in this ofrm on
135 day-of MAY A.D. 1978 at
and was duly recorded in bMg
�176of Hennepin
age
. ass
REG
;y
DEPUTY REGISTER OF DEEDS
REC FEE
COPY FEE