HomeMy WebLinkAbout2095Ir.,
1
SCENIC EASEMENT
THIS INDENTURE, Made this 23rd day of February ,
19 79 , by and between FOLKE R. VICTORSEN CO., a Minnesota
corporation, Grantor, and CITY OF EDINA, a municipal corpor-
ation under the laws of the State of Minnesota, Grantee,
WITNESSETH:
That the Grantor, for and in consideration of the
sum of One ($1.00) Dollar and other good and valuable consid-
eration, receipt of which is hereby acknowledged, does hereby
grant, convey, and warrant unto Grantee, its successors and
assigns, a perpetual easement to control and restrict, in
accordance with the terms and conditions as hereinafter pre-
scribed, the use and development of the parcels or tracts of
land,hereinafter designated as the "Scenic Area," situated in
the County of Hennepin and State of Minnesota, described as
follows, to -wit: That part of Lots 11, 12, 13 and 14, Block 1,
The Timbers, lying Southerly and Westerly of the following described
line: Commencing at the Southeasterly corner of Lot 14, Block 1,
The Timbers; thence South 86 degrees 17 minutes West, assumed bearing,
along the South line of said Lot 14 a distance of 295.34 feet to the
actual point of beginning of the line to be described; thence North
21 degrees 59 minutes 34 seconds West a distance of 313.32 feet;
thence North 87 degrees 11 minutes 28 seconds West a distance of
182.83 feet more or less to a point on the most Westerly line of
Lot 11,, Block 1, The Timbers and there terminating.
together with the right of access to the above described Scenic
Area with such men and equipment as Grantee may deem necessary,
over and across the following described premises [the "Easement
Area" I:
FOR THE PURPOSES HEREIN:
Grantee, its successors, assigns, and agents thereof,
shall have the right to pass and repass over and across the
Easement Area such men and equipment as it deems necessary,
and right to enter upon the Scenic Area, for the purposes
of inspection and enforcement of the terms and covenants
contained herein, together with such right to remove from the
Scenic Area any unauthorized structure, material, object,
or thing.
NO RIGHTS HEREIN ARE GRANTED TO THE GENERAL PUBLIC
FOR ACCESS TO OR ENTRY UPON THE EASEMENT AREA OR SCENIC AREA
FOR ANY PURPOSE.
Grantor, for its successors and assigns, does covenant
that there shall be:
1. No topographic changes or alteration of the natural
landscape within or upon said Scenic Area by excavation, drain-
age, filling, dumping, or any other means without prior written
authorization from the City Manager of the City of Edina.
2. No building, permanent, temporary, or mobile,
constructed or placed on the Scenic Area.
3. No other structures or devices, whether permanent
or temporary, including, without limitation, equipment or
-2-
t 1
personal property, hereafter constructed, placed, or stored
in or on the Scenic Area without prior written authorization
from the City Manager of the City of Edina.
4. No removal of trees without prior written author-
ization from the City Manager of the City of Edina. This covenant
shall not apply to the removal of trees that are dead or are
dying from infestation or disease.
5. No dumping of ashes, trash, junk, rubbish, saw-
dust, garbage, offal, or any other material of any kind, upon
all or any part of the Scenic Area.
6. No conveyance of any other easement for any pur-
poses, including, but not limited to, road utility, upon,
over, under, or within the Scenic Area, without prior written
authorization from the City Manager of the City of Edina.
7. No use made of the Scenic Area in violation of
the restrictive covenants herein.
Grantee, and its contractors, and their respective
agents, employees, representatives, and officers, shall have
no liability or obligation of any kind for any damage done to
or on the Easement Area or Scenic Area, or any trees, shrubs,
sod or improvements now or hereafter on either thereof, due to
entry on or over either of the same with men and equipment for
-3-
the purpose of exercising any of the rights hereby granted to
Grantee, including, without limitation, enforcement of any of
the covenants and agreements herein contained, and Grantor, for
itself, and its successors and assigns, hereby waives and re-
leases all claims and demands due to any such damage.
These easements, and the covenants contained herein,
shall run with the land, and shall be binding on and enforce-
able against all persons and entities who shall at any time
have any interest in, or come into ownership or possession of,
the property that comprises the Scenic Area or Easement Area
or any part of either thereof as described herein.
The covenants and agreements herein may be enforced
by proceedings at law or in equity brought by any person bene-
fiting from these covenants and agreements, including, without
limitation, the City of Edina, against any persons violating or
attempting to violate any of these covenants and agreements,
either to restrain violations or to recover damages, and, if
successful, the enforcing person shall be entitled to all costs
incurred in connection therewith, including attorneys' fees.
Invalidation of any of these covenants and agreements
as to any person or as to any circumstances shall in no way
affect the enforceability of the other covenants or agreements,
or all of these covenants and agreements as to any other persons
or under other circumstances.
-4-
IN TESTIMONY WHEREOF, the Grantor has hereunto set
its hand the day and year first above written.
GRANTOR:
FOLKE R. VICTORSEN''CO.
by
Its
4Q=:l
THIS DOCUMENT IS EXEMPT FROM STATE DEED TAX.
STATE OF MINNESOTA ]
COUNTY OF HENNEPIN ]
The foregoing instrument was acknowledged before me
this 27!5 day of r�p brt4 19 , by
F-j::De,4P P. R4 0. L'
of FOLKE R. VICTORSEN CO., a Minnesota corporation, on behalf
of the corporation.
LINDA D. DALEN
NOTARY PUBLIC _ MINNESOTA
a� HENNEPIN COUNTY
"�•• ' My Commission Expires OCt. 1 ®, 1p10
PREPARED BY:
DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY [TSE]
2300 First National Bank Building
Minneapolis, MN 55402
Q.
13503-54
REGISTERED
� J/,
COPY
OFFICE OF THE REGISTRAR
OF TITLES
HCIWPIN COUNTY. MINNESOTA
CERTIFIED FILED ON
OCT 2 1979
By REGISTRAR OF TITLES
DEPUTY
20475-
U
i
20475-
9
R
Sim
AMENDMENT TO
SCENIC EASEMENT
THIS AMENDMENT, Made this /l/ day of
1981, by and between FOLKE R. VICTORS
EN CO., a innesota cor ora-
d Mp
tion ( "Victorsen "), the CITY OF EDINA, a Minnesota municipal cor-
poration ( "Edina "), JOHN C. BRANDY and Patty A. BRANDY, husband
and wife ( "Brandt "), and GREGORY D. PETERSON and CAROL ANN
PETERSON, husband and wife ( "Peterson ") (Brandt and Peterson
together herein called "Owners "),
t
WITNESSETH, THAT:
WHEREAS, Victorsen and Edina did enter into a Scenic
4
Easement dated February 23, 1979 (the "Scenic Easement "), which
Scenic Easement was filed in the office of the Hennepin County
Registrar of Titles on October 2, 1979, as Document No. 1350354,
and which Scenic Easement covers portions of Lots 11, 12, 13
and 14, Block 1, The Timbers, according to the recorded plat
thereof, Hennepin County, Minnesota; and
WHEREAS, subsequent to the filing of said Scenic Ease-
ment, Victorsen and Edina noted that the Scenic Easement did
not contain a specific description of the "Easement Area" giving
access to the "Scenic Area" described in the "Scenic Easement; and
� WHEREAS, Victorsen has sold, by Contract for Deed dated
19. C , Lot 13, Block 1, The Timbers, to John C.
Brandt; and Patty A. Brandt.
WHEREAS, Victorsen has sold, by Contract for Deed dated
19k2 , Lot 14, Block 1, The Timbers to Peterson;
and
WHEREAS, the parties hereto do hereby desire to amend
the Scenic Easement to include a legal description for the Ease-
ment Area, and to release from the Easement Area all portions of
said Lots 11, 12, 13 and 14, not within the Easement Area as
herein described.
NOW, THEREFORE, for and in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the
parties hereto do hereby agree as follows:
1. The Scenic Easement is hereby amended to include
a description of the "Easement Area" at the bottom of the first
page thereof as follows, to -wit:
A strip of land measuring 15 feet in width,
the centerline of which is the property line
between Lot 13 and Lot 14, Block 1, The Timbers,
and extending from the Easterly end of said pro-
perty line to the Scenic Area, said strip of land
being shown as a drainage and utility easement
on said plat of The Timbers.
2. Edina does hereby agree that the Easement Area
does not exist over any part of said Lots 11 and 12, and does
not exist over any parts of said Lots 13 and 14 except as de-
scribed in paragraph 1 hereof.
3. All of the terms and conditions of the Scenic
Easement shall be and remain in full force and effect as hereby
amended.
-2-
IN WITNESS WHEREOF, the parties hereto have caused
this amendment to be duly executed the day and year first above
written.
PECK T. SANDERS
NOTARY PUBLIC — MINNESOTA
" DAKOTA COUNTY
My Commission Expires Nov. 13, 1985
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
FOLKE R. VICTORSEN CO.
By
Its -
CITY OF EDINA
By J
Its
And
Its — a
GREGORY D.: PETERSON
CAROL ANN PETERSON
The foregoing instrument was acknowledaed.this
day of j�, _ 1981, by �= f "' L �� /J f
a respectively the
of FOLKS R, VICTORSEN CO., a Minnesq`ta corpo-
ration; on behalf of said corporation,
nr�Unrv,n ✓ - .rti- •• lC1 •-1 'l r)1, (It //
4 ^�r�ry � � Y JST. %.1.c. �+^'...�� / a'lF''L, t'r ✓ /'111�j': /lF• "I L.��
Notary Publ-i"c
-3-
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged this
day of 1981, by C - GfJ A-.-.—
and respectively the
and of the CITY OF EDINA, a Minnesota municipal
corporatio.n,
corporation.
CRAI- L L S N 4
. A R
NOTARY Fe ,L{ NA
'
r'r;U.4TY
-NotarSr/P4bl-i c-
Cornmi:�.cn E 15, 1984
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged this 27
day of January - , 1981, by JOHN C. BRANDT and Patty A. BRANDT,
husband and wif-e.
LYN A. LEA
NOTAI - * IC — MIN'tNESOTA
HEN — iN COUNTY
fAy commission ex'i Jan. 29, 1987
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
,,ty Public
The foregoing instrument was acknowledged this 2-:fl
d a y of 1981, by GREGORY D.. PETERSON and CAROL ANN
PETERSON, husband and wife.
PEG T. SANOM
Punll(;v
-1 NOTARY � PUWJC VMM� ko�t ry,
Is
DAKOTA COU"TT
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX.
THIS INSTRUMENT WAS DRAFTED BY:
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402 (TSE)
-4-
7
_j
. ... ....
.o
UFFICE OF THE 12EGISTRAR
OF TITLES
-vy. MINNESOTA
HENNEPIN C OU�j
FILED ON
haw
REGISTRAR OF fl-I LES
DEPUTY
By
64
AMENDMENT TO
SCENIC EASEMENT
THIS AMENDMENT, Made this 41' day of
c
1981, by and between FOLKE R. VICTORSEN CO., a Winnesota corpora-
tion ( "Victorsen "), the CITY OF EDINA, a Minnesota municipal cor-
poration ( "Edina!) , JOHN C. BRANDT and Patty A. BRANDT, husband
and wife ( "Brandt "), and GREGORY D. PETERSON and CAROL ANN
PETERSON, husband and wife ( "Peterson ") (Brandt and Peterson
together herein called "Owners "),
WITNESSETH, THAT:
WHEREAS, Victorsen and Edina did enter into a Scenic
Easement dated February 23, 1979 (the "Scenic Easement "), which
Scenic Easement was filed in the office of the Hennepin County
Registrar of Titles on October 2, 1979, as Document No. 1350354,
and which Scenic Easement covers portions of Lots 11, 12, 13
and 14, Block 1, The Timbers, according to the recorded plat
thereof, Hennepin County, Minnesota; and
WHEREAS, subsequent to the filing of said Scenic Ease-
ment, Victorsen and Edina noted that the Scenic Easement did
not contain a specific description of the "Easement Area" giving
access to the "Scenic Area" described in the Scenic Easement; and
WHEREAS, Victorsen has sold, by Contract for Deed dated
6 , 19 �0, Lot 13, Block 1, The Timbers, to John C.
Brandt; and Patty A. Brandt.
WHEREAS, Victorsen has sold, by Contract for Deed dated
945�', Ila , 190 , Lot 14, Block 1, The Timbers to Peterson;
and
WHEREAS, the parties hereto do hereby desire to amend
the Scenic Easement to include a legal description for the Ease-
ment Area, and to release from the Easement Area all portions of
said Lots 11, 12, 13 and 14, not within the Easement Area as
herein described.
NOW, THEREFORE, for and in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the
parties hereto do hereby agree as follows:
1. The Scenic Easement is hereby amended to include
a description of the "Easement Area" at the bottom of the first
page thereof as follows, to -wit:
A strip of land measuring 15 feet in width,
the centerline of which is the property line
between Lot 13 and Lot 14, Block 1, The Timbers,
and extending from the Easterly end of said pro-
perty line to the Scenic Area, said strip of land
being shown as a drainage and utility easement
on said plat of The Timbers.
2. Edina does hereby agree that the Easement Area
does not exist over any part of said Lots 11 and 12, and does
not exist over any parts of said Lots 13 and 14 except as de-
scribed in paragraph 1 hereof.
3. All of the terms and conditions of the Scenic
Easement shall be and remain in full force and effect as hereby
amended.
-2-
IN WITNESS WHEREOF, the parties hereto have caused
this amendment to be duly executed the day and year first above
written.
C)MY PEG T. SANDERS
NOTARY PUBLIC — MINNESOTA
DAKOTA COUNTY
Commission Expires Nov, 13, 1985
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
FOLKE R. VICTORSEN CO.
e & f
Its
CITY OF EDINA
By
Its
And
Its
The foregoing instrument was acknowled ed this IV_
day of /' 1981, by %��,(�� GIZC- MAP tF ,/
avid ' respectively the Is
of FOLKE R. VICTORSEN CO., a MinnesgYta corpo-
ration, on behalf of said corporation.
1NV/VVVVVVVN gnfl rVV`PR n.,1., qnnM♦ Z'
B �j�A J 0L"4&-'CA- 0 �Lle�af')
Notary Pub
My C..r'r is :ten E • 3 F,,r,l 30, 1986 r
r vwN Vim' �N� � vv °:-wwv � dwvwvvwv
-3-
.y
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged this
day of 1981, by It . Chi
and 6, respectively the��;�
and of the CITY OF EDINA, a Minnesota municipal
corporation corporation.
CRAIG L. LARSEN to
NOTARY PUBLIC - MINNESOTA
FlGidiJE ^IfJ COUidTY 4f.
ar
•.: My Ccmmissicn Expires Sept. 15, 1984
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged this 27
day of January , 1981, by JOHN C. BRANDT and Patty A. BRANDT,
husband and wife.
LYN A. LEA
NOT," ' IC — MINNESOTA
HEN IN COUNTY
My commission ex'ires Jan, 29, 1957
�._ .... .. .. � ..,- .,rte..
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
The foregoing instrument
day 1981, by GREGORY
PETERSON, husband and wife.
PEG T. •111
s r TJ NOTARY /IAM
DAOTA
any Comn�UMNIlNArMw1��
-.
WatVy Public
was acknowledged this ,,2^J
D. PETERSON and CAROL ANN
otar Publc;v
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX.
THIS INSTRUMENT WAS DRAFTED BY:
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402 (TSE)
-4-
1414669
REGISTEFtM� . ........... PASL
Co
OFFICE OF THE REGISTRAR
OF TITLES ESOTAt
HENNEPIN COUNTY. MINN
CERTIFIED FILED ON
FEB 101981
/ IQY"
REGISTRAR OF TITLES
DEPUTY
BY
T -7) A
Ina