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HomeMy WebLinkAbout20784346773 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, David D. Taft and Sararose L. Taft, husband and wife (herein called "Grantor ", whether one or more), do hereby grant, bargain, sell, convey and warrant to the City of Edina, a municipal corporation in the County of Hennepin, State of Minnesota, 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 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. The right and privilege to enter upon the Easement Area is limited to the purposes of this easement and such right and privilege to enter the Easement Area is not to be considered public access to the Easement Area. TRANSFER ENTERED FINANCE. HFt4NEPIN COMM flt1IfiMN. ilry "Puv- I No delinquent taxes 2. All rights of Grantor to construct any building or improvement of any kind 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 change trees, shrubs, or plants on the Easement Area in any way which will alter the purposes for which the easement is intended; these rights being subject to the responsibilities of the property owner under Ordinance No. 1031, Section 2, Removal of Noxious Weeds and Other Rank Growths of Vegetation, and Ordinance No. 1035, Control and Prevention of Dutch Elm Disease, which are retained by the owner in fee. The easements 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 Lots 1 and 2, Block 2, Taft Addition, lying Southerly of a line drawn from a point in the West line of said Lot 1, distant 108.00 feet South of the Northwest corner of said Lot 1 to a point in the East line of said Lot 2, distant 228.00 feet South of the Northeast corner of said -.Lot 2. Grantor does covenant with the City of Edina, its successors and assigns, that it is well seized in the fee of the Easement Area aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are free from all encumbrances. And the said Easement Area in the quiet and peaceable possession of the City of Edina, its successors and assigns, against all persons lawfully claiming or to -2- claim the whole or any part thereof, the Grantor will Warrant and Defend. It is further agreed that the Grantor herein does hereby remise, release, acquit and forever discharge on its behalf and on behalf of its or their heirs, successors, 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 whatsoever, which may arise or accrue by virtue of any entry upon or use of the Easement Area for the purposes of this easement. All 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. The use of singular neuter gender herein shall include the femininte and masculine gender and the plural number, when applicable. This instrument is exempt from State Deed Tax. Dated this day of December, 1977. THIS, INSTRUMENT WAS DRAFTED BY ct (name. and address) David D. Taft / O Ra I'Q=COS 1447 %rarose L. Taft State of Minnesota ) SS. County of Hennepin ) The foregoing instru nt was acknowledged j fore me this 3U 7A day of December, 1977, by "-'o husband and wife, to me known to �e the persons des ribed in who executed the fore of instrument as M��� A �uu►n their free and deed. g LYNNAE CAROL NYE �._. NOTARY PUBLIC - MINNESOTA Notary Public HENNEPIN COUNTY My Commission Expires Apr. 30, 1981 r� 4346773 JAN-b-78 6 7 7 3 �Al Z o7 G003.25_ A OFFICE OF COUTY kei -GaDnl 1 EWPA COVNIY.M%gh OTA CE+REII'tEDj(LE�J 1h"? 0. tic VaJtZJCI 1578 J *U -6 PPS 12: 02 AS 4346773 4,... r r ...,, . , .. . .. k R _...,.,.... EC Fit--- _. � s C0pY FEE A` �� s �9ZrTA, 0 City of Edina NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF EASEMENTS FOR DRAINAGE, UTILITY AND CONSERVATION PURPOSES IN THE CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, on December 6, 1993, adopted a Resolution Vacating Easements for Drainage, Utility ..nd Parpe,-s s, aft.,--r p ^.:.Cliff. I ari::� and n.tic.; t:tpreof a ��yt <SrCd by law and after determining it to be in the best interest of the City and of the public that said easements vacation be made, which resolution ordered the vacation of the following described easements for drainage, utility and conservation purposes, all as platted and of record in the office of the County Recorder in and for Hennepin County, Minnesota: That part of Lot 1, �'_ock 2, TAFT ADDITION, according to the recorded plat thereof, Hennepin CoiAnty, Minnesota, which lies easterly of the west 5.00 feet of said Lot 1, southerly of "Line 1" described below, and northerly of "Line 2" described below. "Line 1 ": A line which ?ntersects the west line of said Lot 1, distant 108.00 feet southerly of the northwest corner of said Lot 1 and intersects the east line of Lot 2, said Block 2, distant 228.00 feet southerly of the northeast corner of said Lot 2. "Line 2 ": Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South along the west line of said Lot 1 a distance of 168.00 feet to the point of beginning of the line to be described; thence North V6 degrees 47 minutes 13 seconds East a distance of 100.00 feet and there terminating. The Lime of c11mplecior1 UL pruct.t:diags and ,Aie a 'Lee ;ive dais of aald -VaCaC101:1 l.s May 18, 1994. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA Marcella M. Daehn City Clerk HEPd "'ti 'iJl iJ4)Jf�TY 'T /AXpjC,, -p 3EAVICES JUN 13 %tM BY ;.4 DUTY i fi L� City Hall (612) 927 -8861 4801 WEST 50TH STREET FAX (612) 927 -7645 EDINA, MINNESOTA 55424 -1394 TDD (612) 927 -5461 ,C) 0� 8 11 f, T A ju`il 13 V 10: 40 6298622 0. RECORDER r)-r,.I!TY Duplicate Filing Certificate JEiRomE P GILLIGAN DOASEY & WHITNEY Paoressx— Liec — L—.- P—.— PILLSBURY CENTER SOUTH OFFICE 612) 340 -2962 220 SOUTH SIXTH STREET FAX �612� 340-2644 MINNEAPOLIS, MN 5 5402 -149 8 RELEASE OF CONSERVATION RESTRICTION That certain Conservation Restriction in favor of the undersigned, dated February 11, 1994 executed by Robert C. Holl and Julie L. Holl, husband and wife, to the City of Edina, and filed for record on May 18, 1994 as Document No. 6287648 in the office of the County Recorder of Hennepin County, Minnesota, is hereby terminated, released and discharged. Dated: &4 !1f�►{� CITY OF EDINA By Its Mayor And Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) �Icityofrdina, e foregoing instrument was acknowledged before me this Lay of 1996, by Frederick S. Richards and Kenneth E. Rosland, respectively, o the a Minnesota municipal corporation, on behalf of the corporation. Aft JOYCE G. REPYA I NOTARY PUBLIC - MNlNMA Mir ao m am"" bn. $1, an Notary Public This Instrument Was Drafted By: DORSEY & WHITNEY LLP (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 I Tf. KVii,SOTA F;[ ED CR 95 SEP" 5 PH 3: 03 q4 f rl* mrt y Duplicate Fil-Ing Corticat® 4.3,1 G #")8'" City of 4101a 2 4601 WEST FIFTIETH STREET • EOINA, MINNESOTA 66424 N ,> 927 -8861 RESOLUTION CRANTING FINAL PLAT APPROVAL FOR TAFT r.DDITION BE TT RESOLVED by the City Council of the City of Edina, 2',innesota, that that certain plat entitled "Taft Addition, ", platted by Andrew W. Sh,a_—a and Rosemary M. Shea, husband and ui.fe, and by the First National Bank of =- inueapoiis, and presented at the Edina City Council Mceting of December 19, 19%7, be and is hereby granted final plat approval. ADOPTED this 19th day of December, 1977. STATE OF MINNESOTA j CU 'ft' OF ?ENNEPIN ) SS CITY OF EDINA CERTIFICATE OF CITY CLERK ?, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly ?ubnted by the Edina City Council cn December_ 19, 1977, and as reccrded in the minutes of said Regular ?Meeting. WITNESS my hand and seal of said City this 20th day of December, 1977. City Cl2ZX" 1 r hc� -5.78 6 3 8 7` S G003. 0 Q N 8 OFF;iE �� OUNIY CERrr:r; Frtu. c I13 J�p —5 Fts 3: OZ Co ; r i �_ Y� dam) ,J . �J� �gZNA, �1 City of Edina NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF EASEMENTS FOR DRAINAGE, UTILITY AND CONSERVATION PURPOSES IN THE CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, on December 6, 1993, adopted a Resolution Vacating Easements for Drainage, Utility and Conservation Purposes, after public hearing and notice thereof as required by law and after determining it to be in the best interest of the City and of the public that said easements vacation be made, which resolution ordered the vacation of the following described easements for drainage, utility and conservation purposes, all as platted and of record in the office of the County Recorder in and for Hennepin County, Minnesota: That part of Lot 1, Block 2, TAFT ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies easterly of the west 5.00 feet of said Lot 1, southerly of "Line 1" described below, and northerly of "Line 2" described below. "Line 1 ": A line which intersects the west line of said Lot 1, distant 108.00 feet southerly of the northwest corner of said Lot 1 and intersects the east line of Lot 2, said Block 2, distant 228.00 feet southerly of the northeast corner of said Lot 2. "Line 2 ": Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South along the west line of said Lot 1 a distance of 168.00 feet to the point of beginning of the line to be described; thence North 86 degrees 47 minutes 13 seconds East a distance of 100.00 feet az-d there terminating. The time of completion of proceedings and the effective date of said vacation is May 18, 1994. BY ORDER OF THE CITY COUNC-_L, CITY OF EDINA Marcella M. Daehn City Clerk City Hall (612) 927 -8861 4801 WEST 50TH STREET FAX (612) 927 -7645 EDINA, MINNESOTA 55424 -1394 TDD (612) 927 -5461 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, David D. Taft and Sararose L. Taft, husband and wife (herein called "Grantor ", whether one or more), do hereby grant, bargain,' sell, convey and warrant to the City of Edina, a municipal corporation in the County of Hennepin, State of Minnesota, 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 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 necessary or desirable for easement. The right and p limited to the purposes of to enter the Easement Area the Easement Area. similar structures as the City of Edina deems accomplishment of the purposes of this rivilege to enter upon the Easement Area is this easement and such right and privilege is not to be considered public access to TF":1�lS "Gf. r-% .'.JL. LJY:�:. ./�. HLNNEPIN COUNTY, MiNN. BY - 2L jl1 _Q DEPUTY 2. All rights of Grantor to construct any building or improvement of any kind 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 change trees, shrubs, or plants on the Easement Area in any way which will alter the purposes for which the easement is intended; these rights being subject to the responsibilities of the property owner under Ordinance No. 1031, Section 2, Removal of Noxious Weeds and Other Rank Growths of Vegetation, and Ordinance No. 1035, Control and Prevention of Dutch Elm Disease, which are retained by the owner in fee. The easements 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 -wi t: That part of Lots 1 and 2, Block 2, Taft Addition, lying Southerly of a line drawn from a point in the West line of said Lot 1, distant 108.00 feet South of the Northwest corner of said Lot l to a point in the East line of said Lot 2, distant 228.00 feet South of the Northeast corner of said Lot 2. Grantor does covenant with the City of Edina, its successors and assigns, that it is well seized in the fee of the Easement Area aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are free from all encumbrances. And the said Easement Area in the quiet and peaceable possession of the City of Edina, its successors and assigns, against all persons lawfully claiming or to -2- claim the whole or any part thereof, the Grantor will Warrant and Defend. It is further agreed that the Grantor herein does hereby remise, ' release, acquit and forever discharge on its behalf and on behalf of its or their heirs, successors, 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 whatsoever, which mal- arise or accrue by virtue of any entry upon or use of the Easement Area for the purposes of this easement. All 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. The use of singular neuter gender herein shall include the femininte and masculine gender and the plural number, when applicable. This instrument is exempt from State Deed Tax. Dated this 3' ='day of December, 1977. THIS INSTRU�i1ENj WAS DRAFTED BY (name and add: essf State of Minnesota ) SS. County of Hennepin } The foregoing instr of December, 1977, by David D. Taft rarose L. Taft -, r1 t was acknowledged before me this day 1lr.1!1! X�Ai.A aL'P; 4 AA4AA41AJAAAAAII.�,�AJM4AX I LY1NAE CAROL Hyr nal;'�y t)��s4_ ;C . ,. I. F! A yyyylr7r 'P""N'V:'✓�'tvwAYv4i1t4t'ty rV ►'vst'X , husband and wife. Notary Public aqq 40 110 pUL� 4Ue 10 is LLV *Z FIN T. k cz < ! t , r-,) 0 -c" OFFICi OF CCU�s'Y R C.On Lrr LEML'P ?N rOUNi Y.M h ";E S4T CERTIFIED FLED 1976,! 'i -6 PM 12� G� :S GCCt1 -;E-;i # co RE- E JJY ®�^$icatcr ,Filing CQrtificai,i i 25 Cent TRANSFER ENTERED AND PRIOR TAXES PAID HENNEPIN COUNTY TAXPAYER SERVICES ry p TAXPAYER SERVICES 6287648 TRANSFER ENTERED MAY 18 1944 CONSERVATION RESTRICTION MINN F' MAY 18 1944 GO Y �1 py N EpU n ( p�C 1 EPIN COµ Y MINN. THIS INDENTURE, Made this day of e b f ua t 1 between Robert C. Holl and Julie L. Holl, husband and wife (hereinafter called "Owner," whether one or more), and the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (hereinafter called "Edina "). WITNESSETH: That Owner, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby Grant Bargain, Sell and Convey unto Edina its successors and assigns, Forever, a © g y g Conservation Restriction pursuant to Minnesota Statutes § 84.64, for the purposes l and on the terms hereinafter specified, over, on and across the tract(s) or parcel(s) of land lying and being in the County of Hennepin and State of Minnesota, described in Exhibit A attached hereto and made a part hereof (said tract(s) or parcel(s) of land being hereinafter together called the "Easement Area "). TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to Edina, its successors and assigns, Forever. And Owner, for Owner and Owner's heirs, representatives, successors and assigns, covenants with Edina, its successors and assigns, that Owner is well seized in fee of the Easement Area, and has good right to convey pursuant hereto the interests hereby conveyed, and that the Easement Area is free from all encumbrances, except real estate taxes and installments of special assessments payable therewith which are not now delinquent. And the Easement Area, in the quiet and peaceable possession of Edina, its successors and assigns, for the purposes hereby granted against all persons lawfully claiming or to claim the whole or any part thereof, subject to the encumbrances hereinbefore mentioned, Owner will warrant and defend. The purpose of this Conservation Restriction is to assure that the Easement Area shall at all times remain as open space and constitute scenic surroundings. To accomplish this purpose, Owner, for Owner and Owner's heirs, representatives, successors and assigns, does hereby covenant and agree that: 1. No buildings or other structures of any kind, and no roads, signs, billboards or other advertising of any kind, and no utility equipment poles, wires or other material of any kind, shall hereafter be erected, installed, constructed or placed, or allowed to be erected, installed, placed or constructed, on or above all or any part of the Easement Area without the express prior written approval of Edina. 2. No soil or other substance or material shall be dumped or placed, or allowed to be dumped or placed, as landfill or for any other purpose, reason or cause on all or any part of the Easement Area without the express prior written approval of Edina. 3. No trash, waste or unsightly or offensive materials shall be dumped or placed, or allowed to be dumped or placed, on all or any part of the Easement Area without the express prior written approval of Edina. 4. No loam, peat, gravel, soil, rock or other material or substance shall be excavated, dredged or removed, or allowed to be excavated, dredged or removed, 2 from all or any part of the Easement Area without the express prior written approval of Edina. 5. No activities detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, and no other acts or uses detrimental to the retention or preservation of the Easement Area as a scenic open space, shall be conducted or permitted to be conducted on all or any part of the Easement Area without the express prior written approval of Edina. 6. The Easement Area shall at all time be kept planted, shrubbed, sodded and otherwise landscaped (hereinafter collectively called "landscaping ") by Owner, Owner's heirs, representatives, successors and assigns, in a manner reasonably acceptable to Edina. 7. The Easement Area, including landscaping, shall be maintained at all times by Owner and Owner's heirs, representatives, successors and assigns, in full compliance with all applicable ordinances of Edina now or hereafter enacted and in full compliance with the provisions of this Conservation Restriction. 8. No surface use shall be made of all or any part of the Easement Area except for purposes consistent with the maintenance and preservation of the Easement Area as open space without the express prior written approval of Edina. 9. This Conservation Restriction shall not operate to grant to Edina the right to use or improve, or to permit the public to use or improve, the Easement Area as or for a park. 3 10. The rights and remedies in law and in equity given by the laws of Minnesota, including, without limitation, Minnesota Statutes § 84.65 or any successor statute, as such statutes may hereafter be supplemented, modified or amended, shall be available to Edina. Also, if there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants or conditions of this Conservation Restriction, Edina may prosecute any proceedings at law or in equity against the person, firm or corporation violating or breaching, or attempting to violate or breach, any such term, covenant or condition, to either prevent such violation or breach or to recover damages for such violation or breach. Also, Edina, in the event of such violation or breach, without notice, may, at its option, enter upon the Easement Area with such personnel, equipment and material as it determines necessary, to undertake and perform the term, covenant or condition so violated or breached, or to cure the violation or breach, and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law, or, if no maximum rate is applicable, then at the rate of twelve percent (12 %) per annum, shall be payable by Owner, and Owner's heirs, representatives, successors and assigns, on demand made by Edina, its successors and assigns. Such entry shall be without liability or obligation of any kind to Owner, or any owner or occupant of the Easement Area, for trespass or damage to the Easement Area, or any property or improvements thereon, or for loss of business or business interruption, or any other cause, all of which liability and obligation is hereby waived by Owner, and if any person makes any claim against Edina, or its officers, agents, employees, V representatives or contractors for loss or damage to property or business due to such entry, Owner agrees to hold Edina, and its officers, agents, employees, representatives or contractors harmless from and indemnified against any loss, cost, damage or expense, including attorneys' fees whether suit be brought or not, arising out of such claim, and to pay to Edina, upon demand of Edina, any such loss, cost, damage or expense, including attorneys' fees, suffered or incurred by Edina, or its officers, agents, employees, representatives or contractors, with interest at the highest rate allowed by law, or if no maximum rate is applicable, then, at the rate of twelve percent (12 %) per annum, from the date demanded until paid; provided, however, that the foregoing hold harmless and indemnity shall not apply to intentional wrongful acts or omissions or negligence of Edina, or its officers, agents, employees, representatives or contractors. Owner and Owner's heirs, representatives, successors and assigns shall also pay all costs of collection thereof, including attorneys' fees, with interest thereon as above provided, if payment is not made on demand, whether or not suit be brought. In addition to other remedies then available for collection of such costs and interest, Edina may levy such costs and interest against the Easement Area and any other property then included in the same tax parcel as the Easement Area, in the same manner as special assessments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against the whole of such tax parcel which are payable in the year following the year such costs and interest are so levied, and Owner, for Owner and Owner's heirs, representatives, successors and assigns, hereby waive any and all 5 objections to such levy, including, without limitation, the amount thereof, the hearing process (including the giving of, or failure to give, or error in giving of, any required notice), and including all rights of appeal from such levy. If such assessments are not paid before they become delinquent, the whole of such tax parcel may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 11. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners and occupiers of the Easement Area, and shall only inure to the benefit of Edina, its successors and assigns, and may be amended or modified at any time and from time to time by the sole act of Edina and the then record owners of the Easement Area, and may be released in whole or in part at any time, and from time to time, by the sole act of Edina. 12. Each person who is now or hereafter a record owner of all or any part of the Easement Area shall be liable hereunder for all liabilities and obligations accruing hereunder while such a record owner, and if there be more than one such record owner, such owners shall be jointly and severally liable. However, such liability shall cease as to such record owner when no longer such a record owner, except, however, for liabilities and obligations which accrued while such a record owner. 13. If any provision of this Conservation Restriction is for any reason held to be invalid or unenforceable as to any person or circumstance, the application M of such provision to persons and circumstances other than those as to which it shall be held invalid or unenforceable, shall not be affected thereby, and all provisions of this Conservation Restriction in all other respects shall remain in full force and effect and be valid and enforceable. IN WITNESS WHEREOF, Owner has caused these presents to be executed the day and year first above written. R bert C. Holl Julie L. Holl This instrument is exempt from State Deed Tax. STATE OF MINNESOTA) ) ss. COUNTY OF !7a 1', fw ) The foregoing instrument was acknowledged before me this day of F tir ,195, by Robert C. Holl and Julie L.Holl, husband and wife. Notary Public KIM L. POYTHR998 NOTARY Pi7a3! ;C•v�1f i3F� �a Pry MY Cm,PRIS w, pyp,ft Fro, 211, ? i z erv�awuvveMr�n /�vtnrsnowvvclw';9�^,�,�wdm 7 M .X: 1 (Legal Description of Easement Area) That part of Lot 1, Block 2, TAFT ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies easterly of the west 5.00 feet of said Lot 1, westerly of the easterly 20.00 feet of said Lot 1, southerly of "Line 1" described below, and northerly of "Line 2" described below. "Line 1" A line which intersects the west line of said Lot 1, distant 108.00 feet southerly of the northwest corner of said Lot 1 and intersects the east line of Lot 2, Block 2, TAFT ADDITION, distant 228.00 feet southerly of the northeast corner of said Lot 2. "Line 2" Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South along the west line of said Lot 1 a distance of 160.00 feet to the point of beginning of the line to be described; thence North 86 degrees 47 minutes 13 seconds East to the point of intersection with "Line 1" and there terminating. 0 CONSENT AND SUBORDINATION The undersigned, being the holder of a wwc-��c (the : cr0CaooA ,Cq'7 "Interest ") on the property defined as the "Easement Area" in the Conservation Restriction to which this Consent and Subordination is attached, the document creating said Interest being dated 0/.6-3 , and recorded as Document No. 611`Js i , in the office of the LD� �eco, Hennepin County, Minnesota, does hereby agree and consent to all of the terms and conditions of the Conservation Restriction to which this Consent and Subordination is attached, and agrees to be bound by all of the obligations of, and subject to all of the remedies available against, an owner in the event it becomes a record owner of all or any part of the Easement Area. TCF MORTGAGE CORPORATION �4 Z & IT'S, SE R VICE PREStT ,Z (' 6A IT'S, ASSISTANT VICE PRESIDENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Consent and Subordination was acknowledged before me this 03 day of MAY ,19 94 , by DOUGLAS DINNDORF , theSENIOR VICE PRF�SIDENT and DEBRA HANSON the ASST. V. P. of TCF MORTGAGE CORPORATION a MINNESOTA corporation, on behalf of the .corporation. gAMONA C ERVIN NOTARY PUBLIC- MINNESOTA Notary ub HENNEPIN COUNTY My Comminion Expim Mar. 15,199 ■ 1 STATE OF MINNESOTA) ) ss. COUNTY OF ) HENNEPIN The foregoing Consent and Subordination was acknowledged before me this o_ day of MAY ,1994, by D� DINNDORF AND DEB HANSON. w" - RAMONAC ERVIN Notary NOTARY PUBLIC - MINNESOTA y HENNEPIN COUNTY My Commission Expires Mar. 15, 1997 r F4 r 2 v �b �Ojs -"",\ 1% ,�EH!941 -2 6287648 4 L Sj D r rt 0 6 UP'TY AdOO