HomeMy WebLinkAbout2157'Z. N C.0 7
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THIS INDENTURE, Made this day of ,
1980, between LAUKKA & ASSOCIATES, INC., a Minnesota corpo-
ration, party of the first part [ "Laukka "], and CITY OF
EDINA, a municipal corporation under the laws of the State
of Minnesota, party of the second part [ "City "],
WITNESSETH:
That City, in consideration of One Dollar ($1.00)
and other good and valuable consideration, receipt of which
is hereby acknowledged, does hereby Grant, Bargain, Quitclaim
and Convey unto Laukka, its successors and assigns, a non-
exclusive easement on the terms and conditions 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 the following described land:
Outlot A, Dewey Hill Third Addition, according to
the plat thereof on file or of record in the uff.ce
of the Registrar of Titles, Hennepin County, Minne-
sota;
Outlot C, Dewey Hill Second Addition, according to
the plat thereof on file or of record in the office
of the Registrar of Titles, Hennepin County, Minne-
sota, except that part of said Outlot C embraced
within said Dewey Hill Third Addition;
and Tract E, Registered Land Survey No. 1431, files
of the Registrar of Titles, Hennepin County, Minne-
sota, except that part of said Tract E embraced
within said Dewey Hill Third Addition;
Lying southeasterly of the following described line:
Beginning at the southwest corner of said Outlot A,
Dewey Hill Third Addition; thence northeasterly to
a point on the north line of said Outlot A, distant
120.00 feet easterly from the northwest corner of
said Outlot A; thence northeasterly to the north-
westerly corner of Outlot B, said Dewey Hill Third
Addition, and there terminating
[hereinafter called the "Easement Area "].
The purpose of this easement is to grant to Laukka,
and its successors and assigns, the following rights [the "Ease-
ment Rights "] on the following terms and conditions: (i) to
dredge and maintain the pond partially on the Easement Area and
partially on property to the South thereof (the "Laukka Pond "),
(ii) to maintain and repair the weir now constructed and located
on the Easement Area, and (iii) to develop and maintain a path-
way upon the Easement Area for use by present and future owners
and occupants of all or any part of the property in the plat
of Dewey Hill Third Addition, according to the recorded plat
thereof, Hennepin County, Minnesota, and other members of
the public. li u ac uorupiish the foiegoing, Laukka and City,
for themselves and their respective successors and assigns,
do hereby covenant and agree as follows:
1. No building or structure of any kind shall be
erected, placed or stored, permanently or temporarily, on any
part of the Easement Area by Laukka, its successors or assigns,
except for said weir, and no topographic changes or alteration
of the Easement Area by excavation, filling, dumping, or by
any other means, shall be done by Laukka, its successors or
assigns.
2. Nu pian-Lb, Ji1rubs ur sud ("'Landscaping") shall
be placed upon the Easement Area by Laukka, its successors or
assigns, unless, and only as, first approved in writing by
City.
3. The pathway shall be developed only in a loca-
tion and of materials, and pursuant to plans, first approved
in writing by City.
4. The Easement Area, including the pond, the
landscaping and said pathway, shall be maintained at all
times by Laukka, its successors and assigns, in a neat and
clean condition and in full compliance with all applicable
ordinances of City now or hereafter enacted.
5. The said weir shall not be relocated or replaced
without, in each instance, the prior written approval of City.
6. That this easement shall not and does not grant
to Laukka or any other person or persons any rights or interest
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in the pond partially on the Easement Area and partially on
property to the North thereof (the "City Pond ") and connected
to the Laukka Pond by the weir referred to at (ii) above, and
none of the Easement Rights shall be exercised or exercisable
on the City Pond.
7. Laukka shall have sole responsibility and the
sole obligation for the water level of the Laukka Pond, and
for the control and removal of aquatic vegetation and growth
on and in the Laukka Pond and City shall have no duty or re-
sponsiblity for such water level or such control or removal
of aquatic vegetation and growth.
8. Laukka, and its successors and assigns, (i)
shall hold City, its officers, officials, employees and agents,
harmless from and indemnified against any loss, cost, damage
and expense, including attorneys' fees, due to any claim of
any kind whatsoever arising out of or claimed to arise out of
the entry by Laukka, its successors and assigns, upon the
Easement Area to exercise or perform any one or more of the
Easement Rights, and (ii) shall promptly repair and replace,
without cost to City, all damage and injury done to the Ease-
ment Area or to any landscaping or structures, including,
without exception, said weir, now or hereafter located on
the Easement Area.
9. 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, City may prosecure any
proceedings at law or in equity against the person, firm or
corporation violating or breachinq, 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, City, in the event of such
violation or breach, without notice, may, at its option,
undertake to perform the term, covenant or condition so vio-
lated or breached, and the cost incurred, including attorneys'
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fees, with interest at the highest rate then allowed by law,
shall be payable on demand by Laukka, its successors and as-
signs, and the then owners of Lots 1 and 2, Block 1, and Outlots
C and D, of said plat of Dewey Hill Third Addition, and, in ad-
dition. to other remedies then available for collection of such
cost and interest, the party of the second part may charge such
cost and interest against all or any of said Lots 1 and 2, Block
1, and Outlots C and D, of said plat of Dewey Hill Third Addition,
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 said property payable in the year
following the year such costs and interest are so charged, and
if not paid, said property may be sold and conveyed in the
same manner as lands forfeited for nonpayment of real estate
taxes are sold and conveyed.
10. The terms, covenants and conditions hereof
shall run with the land and shall be binding on and inure
to the benefit of City and Laukka, and their respective suc-
ces,ors and assigns, and all future owners of all or any part
of said Lots 1 and 2, Block 1, and Outlots C and D, said plat
of Dewey Hill Third Addition.
11. This easement shall not operate to grant Laukka,
its successors and assigns, or future owners of all or any part
of said Lots 1 and 2, Block 1, and Outlots C and D, said plat of
Dewey Hill Third Addition, the right to use the Easement Area
as a private park or any similar use, and the City and members
of the public shall have full right to use the Easement Area
for any and all uses not inconsistent with the Easement Rights
hereby granted.
12. The Easement Rights hereby granted and this ease-
ment grant, may be amended, modified or released at any time
and from time to time by the City and by the owner of Outlot
D, said plat of Dewey Hill Third Addition, without the con-
sent or joinder of any other party, and specifically, with-
out limitation, without the consent or joinder of any owners
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or encumbrancers of said Lots 1 and 2, Block 1, and Outlot C,
said plat of Dewey Hill Third Addition.
TO HAVE AND TO HOLD THE SAME, Together with all the
hereditaments and appurtenances thereunto belonging or in any-
wise 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 parties hereto have caused
this instrument to be duly executed the day and year first
above written.
TRANSFER ENTERED
DEPARTMENT OF PROPERTY TAXATION
DEC `` iron
HEN NEPt1Y COUNTY, MINN.
BY DEPUTY
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
CITY OF EDINA
its uierK
LAUKKA & ASSOCIATES, INC.
BY C�
Its--—
And
Its
The foregoin instrument was acknowledged before me
this `day of Qe2 {RrAnyi , 1980, by James Van Valkenburg and
Florence Hallberg, respectively the Mayor and Clerk of the
CITY OF EDINA, a Minnesota municipal corporation, on behalf of
said municipal corporation.
CRAIG L. LARSEN
NOTARY PUBLIC • Mji' NESGTA taY P 1
HENNEPIN COU ^2TY
My Commission Expires Sept. 15, 1994
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
1` The fore oing nstrument was acknowledge b fore me
this day of JZm� 1980, by LAl/�P.c%�
acrd -_ respectively the e.'Z ' 'e,v
of LAUKKA & ASSOCIATES, INC., a Minnesota cor-
poration, on behalf of said Corp tion.
«; GORDA M. OLSEN N ary Public
iA.l �! NOTARY PUBLIC - MINNESOTA
TY
'1`� ' nnr cDAKOTAxCOUNTY Aug, s, uses
THIS INSTRUMENT WAS DRAFTED BY:
Dorsey, Windhorst, Hannaford,
Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
m
1409'700
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REGISTERED 6'' nbE
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LLU1.2
OFFICE OF THE REGISTRAR
OF TITLES
HENNEPIN COUNTY. MINNESOTA
CERTIFIE FILED ON
DEC 311980
REGISTRAR OF TITLES
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