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HomeMy WebLinkAbout1937• Iti3? • 1.1.94564 REGISTERED VOL 16+ _PAN 1116L6a.... ATRAR Ot .TInES Ott idli�iNfil m coy+ NENNE�IN i hereby Certify that the within instrument WA§ tiled in this office on the l Vday of OCT A.D. 1976 at 4 if OF REGISTRAR OF l0':5r r L AnRRPMRNT THIS AGREEMENT, entered into on the ���.dayof 1976, by and between CITY OF EDINA, a municipal corporation organized under the laws of the State of Minnesota, party of the first part (hereinafter called "City "), and INDEPENDENT SCHOOL DISTRICT NO. 273, a public school district organized under the laws of the State of Minnesota, party of the second part (hereinafter called "School District "), WITNESSETH THAT: WHEREAS, on June 28, 1972, condemnation proceedings were completed whereby City obtained a perpetual easement for sanitary sewer purposes over, upon, and across the following lands situated in City of Edina, Hennepin County, Minnesota (hereinafter called "Property "): All that portion of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW.1 /4), Section Five (5) , Township One Hundred Sixteen (116) , Range Twenty -one (21), that lies within the following described tract of land: A strip of land sixty (60) feet in width, the centerline of which is described as follows: Commencing at.a point " on the centerline of Valley 'View Road, said point being ninety (90) feet south of and at right angles to the north line of the South. Half (S 1/2) of said Section Five (5); thence West parallel to and ninety (90) feet South of said North line of the South Half (S 1/2) a distance of One Hundred Seventy -four and two - hundredths (174.02) feet; thence Southwesterly at a deflection angle of twenty -three degrees (23 °) left, a distance of one hundred sixty -five (165) feet; thence Southwesterly (Sally) at a deflection angle of ten degrees (10 °) left, a distance of two.hundr.ed forty (240) feet; thence Southwesterly (Sally) at a deflec- tion angle of twenty -three degrees (23 °) left, a distance of two hundred sixty (260) feet; thence Westerly at a deflec- tion angle of fifty -six degrees twenty minutes thirty seconds (560 20' 30 ") right, a distance of Five Hundred Nine and sixty -five hundredths (509.65) feet; thence Northwesterly at a deflection angle of fifty degrees thirty minutes (50° 30') right, a distance of two hundred thirty -eight and four - tenths (238.4) feet; thence Northwesterly at a deflection angle of five degrees fourteen minutes (5° 14') left, a distance of two hundred fifteen and twenty -five hundredths (215.25) feet; thence Northwesterly at a deflec - tion angle of twenty -six degrees thirty minutes (26° 30') right, a distance of four hundred eleven and eighty -five hundredths (411.8) feet; thence Northwesterly at a deflec - tion angle of thirty -two degrees ten minutes (32° 10') left, a distance of four hundred forty - -three and eighty -five hundredths (443.85) feet; thence Northwesterly at a deflec- tion angle of two degrees fifteen minutes (2° 15') left, a distance of three hundred forty -two and seventy -five hundredths (342.75) feet; thence Northwesterly at a deflec tion angle of eighteen degrees thirty, minutes (18° 30') left, a distance of two hundred fifty- eight and fifteen hundredths (258.15) feet; thence northwesterly. at a deflection angle of thirty -one degrees eighteen minutes thirty seconds (31° 18' 30. ") tight, a distance of two hundred forty -six and fifty -five hundredths (246.55) feet; thence 14esterly at a deflection angle of fifty -five degrees sixteen minutes (55° 16') left, a distance of three hundred forty -three and five - tenths (343.5) feet; thence Northwesterly at a deflection angle of eighty- one degrees fifty minutes (810 50') right, a distance of one hundred seventy -six and fifteen hundredths (176.15) feet; thence Northeasterly at a deflection angle of nineteen degrees thirty -six minutes (19° 36') right, 'a distance of two hundred six and nine - tenths (206.9) feet; thence Northwesterly 'at a deflection angle of forty degrees forty -seven minutes (400 47') left, a distance of six hundred thirty and seventy -five hundredths (630.75) feet; thence Northwesterly at a deflection angle of nine degrees ten minutes (9°` 10') left, a distance of three hundred thirty -nine and fifty -five hundredths (339.55) feet; thence Northwesterly at a deflection angle of thirty -two degrees fifty minutes thirty seconds (32° 50' 30 ' ) left, a distance of two hundred three and eighty - hundredths (203.80) feet; thence Northwesterly at a deflection angle of thirty -two degrees one minute thirty seconds (320 01' 30 ") right, a distance of two hundred eight and three - tenths (208.3) feet; thence Northwesterly at a deflection angle of twenty -four degrees seventeen minutes (24° 17') right, a distance of two hundred eighty -seven and fifteen- hundredths (287.15) feet; thence Northwesterly"at a deflection angle of twenty - ,nine degrees thirteen minutes thirty seconds (29° 13' 30 ") left, a distance of four hundred fifty -six and two- tenths (456.2) feet, more or less, to the intersection of the centerline of Gleason Road and the North line of Section Six (6), Town- ship One Hundred Sixteen (116) North, Range Twenty -one (21). West, the final certificate in said conde-101nation proceedings having been recorded in the office of the Register of Deeds of Hennepin County, Minnesota, on July 6, 1972, in Book 72 of Hennepin County Records, Doc. No. 3956313; and WHEREAS, part of the Property lies within the boundaries of the Edina West public school building and its athletic track, playing fields, and other supporting grounds, all operated by the School District for public school purposes; and WHEREAS, the School District desires to make improvements to its Edina West site and desires to construct part of such im- provements upon a portion of the Property that is subject to the easement of the City as above described; and -2- WHEREAS, the City is willing to permit such improvement by the School District of its Edina West site so long as it is saved harmless in the premises; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Consent to 1. City hereby consents to improvement of School District's Improve- ment of Edina West public school site by erection by School District Property of a concrete equipment storage building approximately 75 ft.. x 15 ft. in area, together with an adjacent 50 -foot retaining wall on either side of such concrete equipment storage building (such building and appurtenant retaining walls being hereinafter called "Structure "), the same to be constructed within the 60 -foot ease- ment area, but 10 feet southwesterly of the sanitary sewer pipe installed on the centerline of said easement area, and approximately 10 feet southwesterly of the City's manhole #81,and extending in a westerly direction to the approximate midpoint between the City's manholes #81 and #82, all of such manholes being located by the City within the boundaries of its sanitary sewer easement on the Property; "improvement" to include not only construction of such building and retaining walls, but also the repair, maintenance, and replacement of same. 'Release of 2. In consideration of such consent by the City, School City by School District hereby waives and surrenders, and does hereby release District and discharge the City from, any and all demands and causes of action that it may now or hereafter ever have, or claim to have., against the City due to or arising out of any real or alleged damage, impairment, destruction, or injury of any kind or nature whatsoever, to the Structure, to any equipment or personal property in; on, or about the Structure, or -to any other buildings, equipment, or facilities owned by the School District, or in which the School District has an interest, and located on or about the Property, and that result from, or are claimed to result from, the repair, maintenance, reconstruction, or improvement -3- r a of the sanitary sewer of the City now or hereafter installed and located in, on, or under the Property as aforesaid. Indemnifi- 3. In further consideration of such consent by the City, cation of City by School District agrees to pay in full, on demand of the City, any School District and all costs incurred.by City in repairing, replacing, or recon- structing any portions of the sanitary sewer pipe now or hereafter located in, on or under the Property, (i) that are damaged or destroyed, in any way, by the construction, repair, maintenance, or replacement of the Structure, or (ii) that are in excess of the costs that would have been incurred for any such work if the Structure had not been located on the Property; it being understood and agreed that the City will not now be able to open a trench for the full width of the Property but will be required, at greater cost, to trench and shore up openings for the purpose of doing such repairing, replacement, or reconstruction work. All costs not paid on demand shall bear interest at 8% per annum from the date of demand until paid, and School District shall also pay all costs of collection of such costs and interest, including reasonable attorneys' fees, whether suit be brought or not. IN WITNESS WHEREOF, the parties hereby have caused these presents to be executed the day and year first above written. In Presence of: CITY OF EDINA And— Its Clerk -4- Party of the First Park: STATE OF MINNESOTA ) INDEPENDENT SCHOOL DISTRICT NO. 273 Chairman And % Its Clerk Party of the.Second Part ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this � n` day of 1976, by D-,y i/ and Mayor dnd Clerk respective) of City of Edina, a municipal 66rporation, .on- behalf_of said City. o LINDA L HANSEN ` ��j • (Ik.iYIWi e i N i":)6N Y +�• My Commission Expires Oct, 3, 1980 xrry rrrrwvrrrrrrrrrrrrrYYYVMrwrYx STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ) 1976, by �}. �` and .,� , Chairman a Clerk respectively of Independent School"--District No. 273, a public school district, on behalf of said District. N o ta r ub I is MARY ELLEN FULTON Notary Public, Hennepin County, MW —5— My. 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