HomeMy WebLinkAbout1938filed in Torrens on 8/12/75 �t., c_ � � V\ ToY, r L h �
as Docu.-i No.1148905
EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration, the receipt whereof is hereby acknowledged,
Linneus G. Idstrom, single (herein called "Grantor ") , does hereby grant,
bargain, sell, convey and warrant to the CITY OF EDINA, a municipal cor-
poration., in the County of Hennepin, State of Minnesota (herein called.,
"Grantee "), the following:
1. A perpetual easement over and in the property hereinafter
described (herein called "Easement Area ") and the bed and water of the body
of water on or adjoining the same, for the purpose of protecting,the hy-
draulic efficiency and natural character and beauty of the Easement Area
and of the body of water on or adjoining the same; and the right and privi-
lege 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 work.
on the Easement Area as it deems necessary or desirable for accomplishment
of the purposes of this easement, including the right to remove or in any way
change or relocate any trees, shrubs, plants, or any growing or living thing
on the Easement Area, but not including, however, the right to construct or
maintain on the Easement Area any :.buildings or other structures of any kind.
The rights and privileges herein granted to Grantee do not in--
elude any right to use the Easement Area for construction of public beaches,
docks or dockage facilities, paths for pedestrians, bicycles or vehicles,
or to create and maintain any public park or recreational area thereon.
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The easements and rights hereby granted, bargained, sold, conveyed
and warranted are over, upon, across and in the tract of land situated in
Hennepin County, State of Minnesota, described as follows, to -tit:
That part of Lots 1 and 2, Block 1, GRAYTOWER ESTATES t,
lying Northerly of the following described line: Be-
ginning at a point in the East line of said Lot.l, dis-
tant 250 feet North of the Southeast corner thereof;
thence South 61 degrees 54 minutes 56 seconds West, a
distance of 106.84 feet; thence West 100 feet to a
point in the Westerly line of said Lot 1, distant 220
feet Northeasterly of the Southwest corner of said
Lot 1; thence North 42 degrees 26 minutes 20 seconds
West, a distance of 154.15 feet to the North line of
said Lot 2 and there terminating. For purposes of
this description, the East line of said Lot 1 is as-
sumed to bear North 1 degree 33 seconds East.
Grantor does covenant with the City of Edina, its successors and
assigns, that it is well seized in fee of the Easement Area aforesaid, and
has good right to sell and convey the same in manner and form aforesaid,
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and that the same are free from all encumbrances.
Grantor, for Grantor and Grantors heirs, representatives, succesj
sors, and assigns, for the foregoing considerations, further agrees with re
spect to the Easement Area as follows:
A. That no improvements of any kind shall. be. constructed on or
over all or any part of the Easement Area, and no excavating, filling, grad-
ing, or raising of the elevation of all or any part of the Easement Area
shall be made or done by Grantor without, in each instance, first receiving
the prior consent of Grantee, its successors, or assigns.
B. That no consent of Grantee given pursuant hereto shall be ef-
fective until and unless filed of record in the appropriate office in Henne-
pin County, Minnesota, so as to give constructive notice thereof;
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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 heirs, representatives, 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 Grantor does hereby, for Grantor and Grantor's heirs,
representatives, successors, and assigns, remise, release, acquit, and for-
ever discharge Grantee, its successors and assigns, 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 whatsoever that may arise or accrue by
virtue of any entry upon or use of the Easement Area for any one or more
of the purposes of this easement;
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 attempting to violate
any such.covenant, restriction, or reservation, and either to prevent him -
or them from so doing or recover damages for such violation. The restric-
tions, covenants, and reservations herein contained shall be for the bene,-
fit of Grantee, its successors, and assigns, and may be amended, modified,
-or terminated by a duly recorded resolution of the City of Edina making
such amendment, modification, or termination.
All of the provisions hereof shall run with the land and shall
extend to and bind and inure to the benefit of the heirs, representatives,
successors, grantees or assigns of the respective parties hereto..
This instrument is exempt from.State Deed Tax.
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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 heirs, representatives, 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 Grantor does hereby, for Grantor and Grantor's heirs,
representatives, successors, and assigns, remise, release, acquit, and for-
ever discharge Grantee, its successors and assigns, 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 whatsoever that may arise or accrue by
virtue of any entry upon or use of the Easement Area for any one or more
of the purposes of this easement;
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 attempting to violate
any such.covenant, restriction, or reservation, and either to prevent him -
or them from so doing or recover damages for such violation. The restric-
tions, covenants, and reservations herein contained shall be for the bene,-
fit of Grantee, its successors, and assigns, and may be amended, modified,
-or terminated by a duly recorded resolution of the City of Edina making
such amendment, modification, or termination.
All of the provisions hereof shall run with the land and shall
extend to and bind and inure to the benefit of the heirs, representatives,
successors, grantees or assigns of the respective parties hereto..
This instrument is exempt from.State Deed Tax.
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IN WITNESS UAAEREOF, Grantor has executed these presents this
day of June, 1975.
Linneus G. Idstrom
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of June, 1975, by Linneus G. Idstrom, single.
Nota Public
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1938
�CITV OF
EDINA
J1
4801 WEST 50TH STREET, EDINA, MINNESOTA 55424
612- 927 -8861
RESOLUTION ALLOWING SPECIAL USE ON EASEMENT
BE IT RESOLVED that the. Edina City Council hereby allows the use of a
triangular shaped approximate 500 square feet within the City's open space
easement on Lot 1, Block 1, Graytower Estates for a tennis court.
ADOPTED this 16th day of May, 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 attached and foregoing Resolution was duly adopted
by the Edina City Council at its Regular Meeting of May 16, 1983, and as
recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 17th day of May, 1983.
Acting City Clerk