HomeMy WebLinkAbout2116filed in Registrar of Titles office,
Hennepin County, Minnesota, on
November 16, 1970, as Document No. 982601
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SCENIC AND OPEN SPACE EASEh1ENT GRANT
• �� THIS INDENTURE, made this day of , 1970,
William J. Sime and Winona S. Sime, his wife; P C H CO., a partnership con -
betweenu�ihVESTMFNT'ffMPAPY. d Minnesota cnr,2r� inn, Fran R.
i
Cardarelle and Ernest 0. Hartwick,
parties of the first part, and VILLAGE OF EDINA, a municipal corporation
r under the laws of the State of Minnesota, party of the second part,
WITNESSETH:
That the said parties of the first part, in consideration of One
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Dollar ($1.00) and other good and valuable consideration, receipt of which
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is hereby acknowledged, do hereby Grant, Bargain, Quitclaim, and Convey unto
the said party of the second part, its successors and assigns, Forever, a
Scenic and Open Space Easement on the terms hereinafter specified over the
tract or parcel of land lying and being in the County of Hennepin and State
of Minnesota, described as follows, to -wit:
All that part of Outlot C, Walnut Ridge Third Addition, accord -
ing to the recorded plat thereof, Hennepin County, Minnesota,
lying East of a line described as follows: Commencing at the
point of intersection of the North line of said Outlot C and a
line drawn parallel with and 80 feet Westerly of the East line
of said Outlot C; thence Southerly along a line drawn parallel
with and 80 feet Westerly of the East line of said Outlot C to
the point of intersection of said parallel line with the Northerly
line, extended Westerly, of West 60th Street as shown on the
plat of Walnut Ridge and Vlalnut Ridge First Addition; thence
Southwesterly to the point of intersection of the Southerly line,
extended Westerly, of said West 60th Street with a line drawn
parallel with and 80 feet Westerly of the East line of said
Outlot C; thence Southerly along a line drawn parallel with
and 80 feet Westerly of the East line of said Outlot C to the
Southerly line of said Outlot C and there terminating, (herein-
after called the "Easement Area ").
The purpose of this Scenic and Open Space Easement is to assure
that the above described Easement Area shall at all times remain as open
space and constitute scenic surroundings. To accomplish such purpose, parties
of the first part, for themselves and their respective heirs, successors and
assigns, do hereby covenant and agree as follows:
1. No building`or structure of any kind shall be erected or placed
on any part of the Easement Area.
2. The'Easement Area shall at all times be left in a wild, natural
and undeveloped condition and state.
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3. Subject to the provisions of paragraph 2 hereof, .the Easement
Area shall be used, occupied and enjoyed at all times by parties of the first
part, their heirs, successors and assigns, in full compliance at all times with
all applicable ordinances of Edina now or hereafter enacted.
4. If there shall be a violation or breach, or an attempt to
violate or breach, any of the terms, covenants or conditions of this
easement grant, the party of the second part 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, party of the second part, in the event
of such violation or breach, without notice, may, at its option, undertake
to perform the term, covenant or condition so violated or breached, and the
cost incurred, including attorneys' fees, with interest at the highest rate
then allowed by law, shall be payable on demand by the then owners of said
. Outlot C, and, in addition to other remedies then available for collection
of such cost and interest, the party of the second part may charge such
jcost and interest against said Outlot C in the same manner as special assess -
imeats (without, however, any notice or hearing of any kind) and collect the
same with the real estate taxes against said Outlot C payable in the year
i following the year such costs and interest are so charged, and if not paid,
t said Outlot C may be sold and conveyed in the same'manner as lands forfeited
• for nonpayment of real estate taxes are sold and conveyed.
5. The terms, covenants and conditions hereof shall run with
the land and shall be binding on all present and future owners of said
outlot C, and shall inure to the benefit of party.of the second part, its
successors and assigns.
This Scenic and Open Space Easement shall not operate to grant
the party of the second part the right to use the above described property
as a park or any similar use, and the party of the second part and members
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of the public shall not acquire any right to make any improvements upon
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or to make any physical use of the above described tract.
This easement hereby granted may be amended, modified or released
at any time and from time to time by the Village Council of Edina.
TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments
and appurtenances thereunto belonging or in anywise appertaining, to the
said party of the second part, its successors and assigns, Forever.
This instrument is exempt from State Deed Tax.
IN TESTIMONY WHEREOF, the said parties of the first part have
caused these presents to be executed the day and year first above written.
I Pr send of:
Winona S. Sime
P�H CO- a nartnarchin
F
by R.H.P. INVESTMENT
by
y H. Peterson President — Partner
Partner
Frank R: Cardar Ile fJ
STATE OF XXX)ESOXA) b rl /� partner
t C - /C C L<
i
de61. ;�n.U) SS. rnest . Hartwick
COUNTY 0 k
On this %* day of Gljfe %lljEQ, 1970, before me, a Notary c'ub'ic
within and for said County, personally appeared William J. CimP
Winona S. Sire, and
a and his wife ,
to 1a known to be the persons described in and who executed the foregoing
ffattwMnt and a c knowl ed ged that they executed
ed the sam e
as their frea act
as! tawt.
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Wary Public County, Florida
yy commission expires 19_
NOTAC7 FBI, V, SPATE GF FWIJA AT LANE
91 COMMILSIGN EXPIREZ AUG. 7, 2.973
BONDED Ir J FRED W. DItS1LLRO1iSF
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STATE OF MINNESOTA) '
) SS.
COUNTY OF HENNEPIN)
On this day of 1970, before me, a Notary Public
within and for said County, personally appeared and
to me personally known, who, being each by me duly
sworn did say that they are respectively the and the
of , the corporation named
in the foregoing instrument, and that the seal affixed to said instrument is
the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its Board of Directors
and said and acknowledged
said instrument to be the free act and deed of said corporation.
This
Dorsey, MsrSuar!, Y1i.._.. ., \': •= u
2100 le! C.�, r, '
Minneapolis, Nonnasota 55402
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
On this 6th day of November 1970, before me, a Notary Public
within and for said County, personally appeared Roy H. Peterson to me personally
known, who being by me duly sworn did say that he is•the President of R. H. P.
INVESTMENT COMPANY, one of the partners of P C H CO., a partnership, the corpora -
tion named in the foregoing instrument, and that the seal affixed to said instru-
ment is the corporate seal of said R. H. P. INVESTMENT COMPANY, and that said
instrument was signed and sealed in behalf of said corporation by authority of
its Board of Directors, and said Roy H. Peterson acknowledged said instrument to
be the free act and deed of said corporation and the free act and deed of said
partnership.
Glenn G. Nybeck
Notary Public, Hennepin County, Minn.
My commission expires Dec. 3, 1972.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this 6th day of November 1970, before me, a Notary Public
within and for said County, personally appeared Frank R. Cardarelle and Ernest 0.
Hari.wick, two of the partners of P C H CO., a partnership, to me known to be the
persons described in and who executed the foregoing instrument and acknowledged
that they executed the sari as their free act and deed and the free act and deed
of said partnership.
Glenn G. Nybeck
Notary Public, Hennepin County, Minn.
My commission expires Dec. 3, 1972.
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