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Home My WebLink About2244Corporation or Partnership ., to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 by County Auditor De STATE DEED TAX DUE HEREOF: S EXFMPT Date:�� zia 19 84 1984 OCT 22 AM 10: 06 ,4936099 (reserved for recording data) FOR VALUABLE CONSIDERATION, NORTHERN STATES POWER COMPANY ,a corporation under the laws of the State of Minnesota , Grantor, hereby conveys and quitclaims to the CITY OF EDINA , Grantee, a municipal corporation under the laws of the State of Minnesota , real property in Hennepin County, Minnesota, described Wf;ulWx on Exhi bi t A attached hereto and hereby made a part hereof (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing yeas acknowledged before me this day of by Arthur V. Dienhart and Rosanne Gi mbolini the Vice President and Assistant Secretary of NORTHERN STATES POWER COMPANY ,a corporation under the laws of the State of Minnesota f f the said corporation NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) i SIGNATURE OF PE'WSO AKING ACKNOWLEDGMENT Tax Statements for the real pro Y described in this instrument should be sent to (Include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): NORTHERN STATES POWER COMPANY 414 Nicollet Mall Minneapolis, MN 55401 r a r, .7 DAVID J. FISHER NOTARY PUBLIC MINNESOTA .% HENNEPIN COUNTY My Commission ExPites Oct. 1, 1988 I� City of Edina 4801 West 50 Street Edina, Minnesota 55424 :y EXHIBIT A All that part of Lots 6, 7, 8 and 9, of Garden Park, Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, being a part of the EZ of the NE4 in Section 32, Township 117 North, Range 21 West, described as follows, to -wit: Commencing at a point on the South line of the County Road, known as the Eden Prairie - Minneapolis Road, 30 feet west of the east section line of said Section 32; thence south, parallel to said east section line and 30 feet distant therefrom to the right of way of the Minneapolis, Northfield & Southern Railroad Company; thence southwesterly along the westerly line of said railroad right of way to a point 264 feet north of the South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota; thence west parallel to said South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota, a distance of 55.6 feet; thence North 3° East, a distance of 146 feet; thence North 20° East, 630 feet; thence north, parallel to the east section line of said Section 32, a distance of 953 feet, more or less, to the South line of said County Road, known as the Eden Prairie - Minneapolis Road; thence northeasterly along the South line of said County Road to the point of beginning, containing 1.67 acres, more or less. EXCEPTING AND RESERVING unto Northern States Power Company, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild or remove electric lines for the transmission of electric energy with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures, and devices used or useful in the operation, maintenance and use of said lines and facilities related and appurtenant thereto for transmission and distribution of electric energy, over, under, across, and uPon all that part of the property described above which lies within a strip of land 75 feet in width being 37.5 feet on each side of the following described centerline and extensions thereof; Beginning at the Southeast corner of the NE; of Section 32, Township 117 North, Range 21 West; thence westerly along the South line of the said NE;, having a bearing of N 89 °49'12" W, a distance of 250.18 feet to the point of beginning of the centerline to be described; thence N 03 °10'36" E, 54.8 feet; thence N 4 °15'12" E, 447.65 feet; thence N 17 °57'54" E, 537.08 feet; thence N 0 °05'21" E to the South line of the Eden Prairie - Minneapolis Road, now known as County Road 158 or Vernon Avenue, and there terminating. The easement reservations contained herein shall also include the following rights to Northern States Power Company: (a) The rights reserved may be exercised at any time subsequent to the date of this deed. (b) The right to erect reasonable signs, conforming to requirements of applicable ordinances, for the purpose of monumenting the boundaries of the easement area reserved herein. From time to time the electric lines and supporting structures may be reconstructed or relocated on the said easement area with changed dimensions and voltages. (c) The right of Northern States Power Company to have reasonable access to the easement area being reserved, said access to be designated by Grantee within a reasonable time upon request by Grantor. (d) The right of Northern States Power Company to enter upon the property conveyed herein to survey for and locate said electric lines and shall also include the right to remove from said easement area any Page 1 of 2 structures, trees (including branches of trees overhanging said area) or objects, except fences, which in the opinion of Northern States Power Company will interfere with said electric lines. (e) The right of Northern States Power Company to permit the attachment of wires of others to the structures supporting said electric lines. (f) The rights reserved herein shall prohibit the erection of any structures or other objects, permanent or temporary, except fences, within the easement area. The rights reserved further prohibit the planting of any trees within the easement area, or the performance of any act which will interfere with or endanger said electric lines. Notwithstanding any of the above provisions, Grantee and its successors and assigns, and public utility companies, shall have the right to perform construction, reconstruction, repairs, replacements, improvements, and maintenance of playgrounds, playing fields, parking lots, streets, curbs and gutters, sewers, water lines, and underground utilities (hereinafter collectively called the "Work ") on, under and within that part of the easement area not then occupied by the structures supporting Northern States Power Company's electric transmission system, provided that such Work does not impair the integrity of the structures in the easement area which support said electrical transmission systems, or result in a clearance which is less than the minimum requirements then specified by the National Electric Safety Code. Northern States Power Company shall pay for, or restore, at its option, and at its cost, all damage to landscaping, grass, roads, driveways, parking lots, streets, curbs and gutters, sewers, water lines, underground utilities, fences and fields, including playgrounds and playing fields, caused by the construction, reconstruction, replacement, repair, or maintenance of said transmission lines. • The property described in this deed is subject to a lien of a Trust Indenture from Northern States Power Company to Harris Trust and Savings Bank, T'r'ustee, and IndenLures supplenental thereto which Northern States Power Company agrees to have released of record within 90 days after the date of this deed. Page 2 of 2 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. PAUL,MINNESOTA 55101 (612) 227 -8017 P. 0. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288 -3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 -2600 TELEX: 29-0605 TELECOPIER : (612) 340 -2868 Mr. Kenneth E. Rosland City of Edina 4801 West 50 Street Edina, Minnesota 55424 Dear Ken: THOMAS S. ERICKSON, P. A. (512) 340 -2659 September 4, 1984 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406) 727 -3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202) 955-1050 30 RUE LA BOETIE 75008 PARIS, FRANCE 011 331 562 32 50 I enclose herewith a copy of my letter to Mr. Ralph Braun at NSP relative to the Garden Park acquisition and easement. I also enclose herewith our title opinion on the property. You will note the property is free and clear of encLunbrances except for the highway easements and a number of trust indentures which will be released of record by NSP. As you will note in my letter to Ralph Braun, I am asking NSP to pay the second half of the real estate taxes payable in 1984 on the property. The City, therefore, should proceed, once the deed has been delivered to the City, to have the property exempted from real estate taxes payable in 1985. Very truly yours, Thomas S. Erickson TSE:jd enclosures 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. PAUL,MINNESOTA 55101 (612) 227 -8017 P. O. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288 - 3158 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612),475-0373 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 -2600 TELEX: 29 -0605 TELECOPIER : (612) 340-2868 THOMAS S. ERICKSON, P. A. (612) 340 -2659 September 4, 1984 Mr. Ralph J. Braun General Services Department Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406) 727 -3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202) 955 -1050 30 RUE LA BOETIE 75008 PARIS, FRANCE 011 331 562 32 50 Re: Northern States Power Company easement - Garden Park - City of Edina Dear Ralph: I enclose herewith the requested resolution from the City Council of the City of Edina authorizing acceptance of a quit claim deed from Northern States Power Company and authorizing the execution of an easement in favor of Northern States Power Company. We have also reviewed the title for the property being acquired by the City. A copy of our title opinion is enclosed. I understand you will be obtaining and recording all of the necessary releases of the trust indentures. Please advise us when this is cone. T_ request that NSP pay the second half of the real estate taxes payable in 1984. Please advise me when that has been cone. I believe you are preparing the quit claim deed and the easement. If you will send to me copies of those documents, revised as we have agreed, I will obtain execution by the City of the easement, and will exchange it for the deed from NSP . Very truly yours, 'Thomas S. Erickson TSE:jd enclosure cc: Mr. Kenneth E. Rosland 510 NORTH CENTRAL LIFETOWER 445 MINNESOTA STREET ST. PAUL, MINNESOTA 55101 (612)227 -8017 P. O. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA,MINNESOTA 55391 (612) 475 -0373 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 -2600 TELEX: 29-0605 TELECOPIER: (612) 340 -2868 August 27, 1984 City of Edina 4801 nest 50th Street Edina, Minnesota 55424 Attention: Kenneth Rosland Gentlemen: 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406) 727 -3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202) 296-2760 30 RUE LA BOETIE 75008 PARIS, FRANCE Oil 331 562 32 50 Re: See Exhibit A attached hereto (the "Property ") We have examined the title to the above described premises as shown by an Abstract of Title last certified to July 20, 1984, at 7:00 A.M., by Title Insurance Company of Minnesota. Based upon such examination, we are of the opinion that as of July 20, 1984, at 7:00 A.M., fee title to said premises was vested in NORTHERN STATES POWER COMPANY, a Minnesota corporation, free and clear of all liens, charges and encumbrances, except as follows: 1. Trust Deed shown at Entries No. 53 and 94, dated February 1, 1937, given by Northern States Power Company, a Minnesota corporation, to Harris Trust and Savings Bank securing repayment of bonds in the original principal amount of $75,000,000. It was filed on February 15, 1937, in Book 1917 of Mortgages, at page 2. It has been supplemented by the Supplemental Trust Indentures described on Schedule I, attached hereto. We are unable to ascertain from the Abstract of Title the total principal amount now secured by the Trust Deed as Supplemented. 2. Highway Easement shown at Entry No. 93, dated May 3, 1971, whereby Northern States Power Company, a Minnesota corporation, granted to the County of Hennepin, a body politic and corporate of the State of Minnesota, all that of the Property which lies Northerly of the line described on Exhibit B attached hereto for highway purposes, together with the unrestricted right to improve the same. It was recorded October 8, 1971, as Document No. 3910852. DORSEY & WHITNEY City of Edina August 27, 1984 Page Two 3. The second half of the 1984 real estate taxes in the amount of $349.85 has not been paid. The Property is assessed as non - homestead, Property ID No. 32 117 21 14 0054. This opinion is limited to the matters shown by said Abstract of Title. All matters not so shown are excepted from this opinion and include (a) rights of any parties in posses- sion, (b) possibility of liens for improvements in process or completed on the premises within the last one hundred twenty (120) days, (c) general zoning, building and environmental protection laws, ordinances, regulations and restrictions, (d) special assessments, (e) matters which an accurate survey of the premises would disclose, (f) security interests in crops or fixtures under Chapter 336, Minnesota Statutes, and (g) the presence of hazardous substances, hazardous waste, pollutants or contaminants not appearing in the Abstract of Title. With respect to (a) above, we suggest that you satisfy yourself that no one is in possession of the premises other than the above named fee owner, or if anyone else is in possession, that he does not claim any title or interest in the premises. With respect to (b) above, we further suggest that you satisfy yourself by a visual inspection of the premises that there have been no improvements in process or completed on the premises within the last one hundred twenty (120) days, or if there have been such improvements, inquiry should be made to determine that said improvements have been paid for in full. With respect to (g) above, we further suggest that you satisfy yourself by testing and investigation of the premises that no such substances, wastes, pollutants or contaminants are present in or on the premises. We call your attention to the fact that no examination has been made of the original records or proceedings referred to in said Abstract of Title, and this opinion is further subject to any and all matters which would be disclosed by such an examination. Very truly yours, DORSEY & WHITNEY By John D. Giudicessi JDG /j as r EXHIBIT A All that part of Lots 6, 70 8 and 9, Garden Park, Hennepin Co., Minn., being a part of the East 1/2 of the Northeast 1/4 in Section 32 Township 117 Range 21, described as follows: Commencing at a point on the South line of the County Road, known as the Eden Prairie 2innespolis Road,30 feet West of the East section line of said Section 32; thence South parallel to said East section line and 30 feet distant therefrom to the right of way of the Minneapolis, Northfield & Southern Railroad Company; thence Southwesterly along the Westerly line of said Railroad right of way to a point 264 feet North of the South line of said Lot 6 of said Garden Park; thence West parallel to said South line of said Lot 6 of said Garden Park, a distance of 55.6 feet; thence North 3 degrees East a distance of 146 feet; thence North 20 degrees East 630 feet; thence North parallel to the East Section line of said Section 32, a distance of 953 feet more or less to the South line of said County Road, known as the Eden Prairie Minneapolis Road; thence Northeast along the South.line of said County Road tothe point of beginning. EXHIBIT B Commencing at the point of intersection of the South line of County Road 158 (sometimes referred to as the Eden Prairie - Minneapolis Road) as now laid out and constructed with the West line of Hanson Road as now laid out and constructed; thence southerly along the West Line-of said Hanson Road a distance of 60 feet to the point of beginning of the line to be described; thence Northwesterly to a point on the South line of said County Road 158, said point being 72 feet from the point of commencement and there terminating. Date of Supplement June 1, 1942 February 1, 1944 October 1, 1945 July 1, 1984 August 1, 1949 June 1, 1952 October 1, 1954 September 1, 1956 August 1, 1957 July 1, 1958 December 1, 1960 August 1, 1961 June 1, 1962 SCHEDULE I SUPPLEMENTS TO TRUST INDENTURE Date Recorded Book and Page or Document No. July 1, 1942 Book 1798 of Mortgages, Page 145 February 24, 1944 Book 2195 of Mortgages, Page 144 October 25, 1945 Book 2232 of Mortgages, Page 233 July 15, 1948 Book 2362 of Mortgages, Page 377 August 25, 1949 Book 2434 of Mortgages, Page 57 June 12, 1952 Book 2637 of Mortgages, Page 125 September 30, 1954 Book 2804 of Mortgages, Page 466 September 13, 1956 Book 2963 of Mortgages, Page 437 August 14, 1957 Book 3018 of Mortgages, Page 181 July 10, 1958 Book 3068 of Mortgages, Page 407 December 7, 1960 Book 3220 of Mortgages, Page 526 August 10, 1961 Book 3260 of Mortgages, Page 139 June 13, 1962 Book 3312 of Mortgages, Page 190 September 1, September 19, 1963 Book 3406 of 1963 Mortgages, Page 597 August 1, 1966 July 28, 1966 Book 3620 of Mortgages, Page 553 June 1, 1967 June 7, 1967 Book 3659 of Mortgages, Page 95 October 1, 1967 October 20, 1967 Book 3688 of Mortgages, Page 57 May 1,1968 May 15, 1968 Book 68 of Hennepin County Records, Page 3714617 October 1, 1969 October 2, 1969 Book 69 of Hennepin County Records, Page 3797403 February 1, 1971 February 24, 1971 Book 71 of Hennepin County Records, Page 3872285 May 1, 1971 May 27, 1971 Book 71 of Hennepin County Records, Page 3885969 February 1, 1972 February 24, 1972 Book 72 of Hennepin County Records, Page 3933061 January 1, 1973 January 25, 1973 Book 73 of Hennepin County Records, Page 3996954 January 1, 1974 January 15, 1974 Book 74 of Hennepin County Records, Page 4063032 September 1, 1974 September 24, 1974 Book 74 of Hennepin County Records, Page 4106411 April 1, 1975 April 30, 1975 Book 75 of Hennepin County Records, Page 4138362 May 1, 1975 May 22, 1975 Book '75 of Hennepin County Records, Page 4141919 March 1, 1976 June 1, 1981 December 1, 1981 May 11, 1983 December 1, 1983 March 8, 1976 June 29, 1981 November 30, 1981 May 16, 1983 December 21, 1983 Book 76 of Hennepin County Records, Page 4195060 #4652930 #4687041 #4792703 #4853196 f� Susu� LvitI(e � a_f Cvukµ� (-u-f by Form No. 31 -M —QUIT CLAIM DEED Minnesota Uniform C- �nveyanc.na Blanks (1978) i Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: S Exempt Date FOR VALUABLE CONSIDERATION, . 19 84 Miller -Davis Co. Minneapolis (reserved for recording data) NORTHERN STATES POWER COMPANY ,a corporation under the laws of the State Of Minnesota , Grantor, hereby conveys and quitclaims to the CITY OF EDINA Grantee, a —municipal corporation under the laws of the State of Minnesota , real property in Hennepin County, Minnesota, described as follows: i All that part of Lots 6, 7, 8 and 9, of Garden Park, Hennepin County, Minnesota, according' to the map or plat thereof on file and of ord in the office of the Register of Deeds in and for Hennepin County, Minnesota, being re part of the Elz of the NE, in Section 32, Town- ship 117 North, Range 21 West, described as follows, to -wit: Commencing at a point on the South line of the County Road, known as the Eden Prairie - Minneapolis Road, 30 feet West of the East Section line of said Section 32; thence South, parallel to said East Section line and 30 feet distant therefrom to the right - of -way of the Minneapolis, Northfield & Southern Railroad Company; thence Southwesterly along the Westerly line of said railroad right -of -way to a point 264 feet North of the South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota; thence West parallel to said South line of said Lot 6 of sa'd �arden Park, Hennepin County, Minnesota, a distance of 55.6 feet; thence North 3 East, a distance of 146 feet; thence North 20 0 East, 630 feet; thence North, parallel to the East Section line of said (if more space is needed, continue on back) (Clint i nued on back) together with all hereditaments and appurtenances belonging thereto. NORTHERN STATES POWER COMPANY By Its Vice President By Its Assistant Secretary STATE OF MINNESOTA i COUNTY OF 'ENNEPIN SS. The foregoing was acknowledged before me this day of , 1984 , by Arthur V. Dienhart and Rosanne Giombolini , the Vice President and Assistant Secretary of NORTHERN STATES POWER COMPANY ,a under the laws of the State of Minnesota , on behalf of the said corporation NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): NORTHERN STATES POWER 414 Nicollet Mall Minneapolis, MN 55401 l COMPANY -R J Braun SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): Section 32, a distance of 953 feet, more or less, to the South line of said County Road, known as the Eden Prairie - Minneapolis Road; thence LNortheasterly along the South line of said County Road to the point of beginning, containing 1.67 acres, more or less. EXCEPTING AND RESERVING unto Northern States Power Company, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild or remove electric lines for the transmission of electric energy with all towers, struc- tures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures and devices used or useful in the operation, maintenance and use of said lines and facilities related and appurtenant thereto for transmission and distribution of electric energy over, under, across and upon all that part of the property described above which lies wigin a strip of land 75 feet in width being 37.5 feet on each side of the following described centerline and extensions thereof; Beginning at the Southeast corner of the NE4 of Section 32, Township 117 North, Range 21 West; hence westerly along the South line of the said NE4, having a bearing of N 89 49112" W, a distance of 250.18 feet to the point of beginning) of h centerline to be described; thence N 03 °10'36" E, 54.8 feet; thence 12" E, 447.65 feet; thence N 17 °57'54" E, 537.08 feet; thence N 0 05'21'' E Sou�h line of the Eden Prairie - Minneapolis Road, now known as County Road 158 on venue ,and there terminating. ent reservations contained herein shall also include the following riqhts to Northern States Power Company: c a) The rights reserved may be exercised at any time'subsequent to the 0& tile fit Oe b) The right to erect reasonable sign or the purpose of monumentin, the boundar- ies of the easement area reserved erein. From time to time the electric lines and supporting structures may be reconstructed or relocated on the said easement area with changed dimensions and voltages. c) The right of Northern States Power Co pn� f vJe �jeis on et cV he easement area being reserved i sa�� a s STS T urns&, o44 d) The right of Northern States Pow ompany to enter upon the veyed herein to survey for ocate said electric lines and shall also include the right to ove from said easement area any structures, trees (including bran of trees overhanging said area) or objects, except fences, which in the pinion of Northern States Power Company will interfere with said electr c lines. e) The right of Northern States Power Company to permit-the attachment of wires of others to the structures supporting sa.i d electric lines - �� a � f) The rights reserved herein shall prohibit the erection o any structures or other objects, permanent or temporary, except fencesb The rights reserved further prohibit the planting of any trees within the easement area, or the erformance of any act which will interfere with or endanger said electric lines. T 4 to be improved, main fined, a f arki and gutters, sewers3 water a d --C 4A .,.4.,6* ^4 )moy of =occupied by the structures supporting Northern States Power Company's elec rj-,71 ransmission system pr not aller '(,e1,a%i;;tinnc. nor di-o- they impair the struetural or eleetrieal integiity ion Sy irthar that all such imjjrnyeme to eh 4 `^� — clearance tiona, r,K-tr ,. cafety Code c,�... G�4! Northern Sta Vences Power Company shall pay for 11 damageVto landscaping roa8s, driveways, parking iots and fields caused by he construction/or maintenance of said trans- mission lines. j ^ .,A�yW-�� 9 7 � The property described in this deed subject to a lien of a Trust Indenture from Northern States Power Company to Harris Trust and Savings Bank, Trustee, and Indentures supplemental thereto which Northern States Power Company agrees to have released of record within 90 days after de4 -iTer ^� , ee- *�l� +— r_ +� ° cam(, � �� G-�, ' .�• �/ - - - ' � /�`�`r` -�� ,vim'" -" _ , �G�L�`Yrt� =" . ul �. All rL t,.: .c a�.lr� c v "'i r (,A+ 'c �� 1 C 6� r 2 w _ Jv ^ D v livw�. T aA, At 0. l.. UJ h t ne 1 v a. C.. 4 C.1a Q C A h ru ('J*- wLu w. rL_ °,� L� ..�c�� .4 f kA tl d rJG�c^r_a� ircDG 1n4C 2 --c- ell EASEMENT FORM 17- 292313411 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter called "Gra for ", in consideration of the sum of One Dollar (:1.00) and other gcod and valuable consideration to Grantor in nd paid by Northern States Power Company, a Minnesota corporation, hereinafter called "NSP ", does hereby gsaat unto NSP, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild, or remove electric transmission lines with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures, and devices used or useful in the operation, maintenance and use of said lines through, over, under and across the following described lands situated in the County of Hennepin State of Minnesota, to wit: �au A . psvC�Torrens Parcel ._. -- That part of the North 202.7 feet of Lot 6 and that part of Lots 7, 8 and 9 lying described as follows: Commencing at a point 55.6 feet West from the West line of railroad right - of -way and 264 feet North from South line of Lot 6; thence North 3 degrees East 146 feet; thence North 20 degrees East 630 feet; thence North parallel with East line of Garden Park Addition to South line of Eden Prairie Road, all in Garden Park, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County, and Abstract Parcel That part of the North 202.7 feet of Lot 6 and that part of Lots 7, 8 and 9 lying West of the right -of -way of the Minneapolis, Northfield & Southern Railroad Company and East of a line described as follows: Commencing at a point 55.6 feet West from the West line of railroad right - of -way and 264 feet North from South line of Lot 6; thence North 3 degrees East 146 feet; thence North 20 degrees East 630 feet; thence North parallel with East line of Garden Park Addition to South line of Eden Prairie Road, all in Garden Park, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. which easement as it crosses the above described parcels lies within a strip of land 75 feet in width, being 37.5 feet on each side of the following described centerline and extensions thereof: Beginning at the Southeast corner of the NE-I, of Section 32, Township 117 North, Range 21 West; thence westerly along the South line of the said NE14, having a bearing of N 89 49'12" W, a distance of 250.18 fee to the point of beginning of the centerline to be described; thence N 03 10'36" E, 54.8 feet; thence N 05'12" E, 447.65 feet; thence N 17057'54" E, 537.08 feet; thence N 0 05'21 "E to the South line of the Eden Prairie - Minneapolis Road, row known as County Road 153 or Vernon Avenue, and there terminating. s a The rights granted herein may be exerci)ed at any time subsequent to the execution of this document. The grant herein contained shall alo include the right to erect, at any time prior to the construction of the said transmission lines, reasonable signs for the purpose of monumenting the boundaries of this easement. Said transmission lines and supporting structures from time to time may be reconstructed or relocated on said strip of land with changed dimensions and to operate at different voltages. The grant of easement herein contained shall also include the right of NSP to have reasonable access to said strip of land across the property of Grantor adjacent thereto, said access to be designated by Grantor - within a reasonable time upon request by NSP. t, The grant of easement herein contained shall include the right to enter upon the property of Grantor to survey for and locate said transmission lines and shall also include the right to remove from said strip of land structures, trees (including branches of trees overhanging said strip of land) or objects, except fences, which in th pinion of NSP will interfere with said transmission lines.' The grant herein contained shall also include the right of NSP to permit the attachment of wires of others J"L' to the structures supporting said transmission lines. iii 4v �� Grantor reserves the right to cultivate, use and occupy said structures or other objects, permanent or temporary, except fe perform any act which will interfere with or endanger said transr said strip without the prior expressed written approval from NSP) an , xcept t at, ra or shall not erect an .thereon. Grantor further agrees that W will not in lines and further, shall not plant any trees upon ground utilities (hereinafter called "improvements "), the Porti upie y the structures supporting Northern States PoweLiComparr ectnc transmission system, provided that said improvements do not alter the existing grow ations, nor do they impair the structural or electrical integrity of said transmission system; and . e further that all such improvements shall not result in a ground clearance of less than the minimum • s s s • s s s s • • • s • s s • s s s + a s • s s NSP File No. Location No. Line No. i E No. ti 0857 & 0896 Name Mortgave City of Edina • s • s t P G.pv.t pJV✓3,n.�_ �� Q c� nk ti - f �� r NSP shall pay fo damages to landscaping, roads and driveways, fences, fields caused by the construction or -maintenance of said transmission lines. i ir+cTi4fA4 i� - - �rr� 9 Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form afo td. The rights herein granted are subject to exiauag�nng�tt;s f way foe h�hways, oad', rail a An �r canals, laterals, ditches or other electric transmission lines and telegraph and telephone lines heretofore granted! across any pan of the lands affected by this instrument. 'Z "t The Grantor agrees to execute and deliver to NSP, at NSP's coat, without additional compensation any additional documents needed to correct the legal description of the easement area to conform to the right Yway actually occupied by th tranamtsaton A --�. cv� "-- �It is mutually understood and agreed that thiovers al the agreements and stipulations between the parties and that no representation or statements, verbal o written, have been made modifying, adding to or changing the terns hereof. _.._ -__ ---- .-- ._... - -.... ----- -___C- This instrument is exempt from the Minnesota Deed Tax. (� n S I', le�e "V ei This instrument was drafted by Northern States Power Company, 414 Nicollet Mall, Minneapolis, Minnesota. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the day of Iy 84 STATE OF MINNESOTA COUNTY OF by CITY OF EDINA ss. The foregoing instrument was acknowledged before me this day of , 19 STATE OF MINNESOTA COUNTYOF HEF ;NEPIN The foregoing instrument was acknow by — r- n NOTARY PUBLIC before me this day of ,19 , of a (NAME OF CORPORATION ACKNOWLEDGING) FORM 17 -290 MACK I (STATE OF PLACE OF INCORPORATION] corporation, on behalf of the corporation. NOTARY PUBLIC S . KWU ALL MEN BY THESE PRESOM, that the undersigned, hereinafter called "Grantor ", in consideration of the sum of One Dollar ($1.00) and other good and vaulable consideration to Grantor in hand paid by Northern States Power Company, a Minnesota corporation, hereinafter called "NSP ", does hereby grant convey and quitclaim unto NSP, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild, or remove electric transmission lines with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures, and devices used or useful in the operation, maintenance and use of said lines through, over, under and across the following described lands situated in the County of Hennepin, State of Minnesota, to wit: Torrens Parcel That part of the North 202.7 feet of Lot 6 and that part of Lots 7, 8 and 9 lying West of a line described as follows: Commencing at a point 55.6 feet West from the (Jest line of railroad right- of -way and 264 feet North from South line of Lot 6; thence North 3 degrees East 146 feet; thence North 20 dearees East 630 feet; thence North parallel with East line of Garden Park Addition to South line of Eden Prairie Road, all in Garden Park, Hennepin County, Minnesota, accordinq.to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County, and Abstract Parcel That part of the North 202.7 feet of Lot 6 and that part of Lots 7, 8 and 9 lying West of the right -of -way of the Minneapolis, Northfield & Southern Railroad Company and East of a line described as follows: Commencing at a point 55.6 feet West from the West line of railroad right- of -way and 264 feet North from South line of Lot 6; thence North 3 degrees East 146 feet; thence North 20 degrees East 630 feet; thence North parallel with East line of Garden Park Addition to South line of Eden Prairie Road, all in Garden Park, Hennepin County, Minnesota, according to the plat thereof on file or �f record in the office of the Reqister of Deeds in and for said Hennepin County. which easement as it crosses the above described parcels lies within a strip of land 75 feet in width, beinq 37.5 feet on each side of the followinq described centerline and extensions thereof: Beginning at the Southeast corner of the NE'4- of Section 32, Township 117 North, Range 21 West; thence westerly alonq the South line of the said NE =4, having a bearing of N 89 49'12" W, a distance of 250.18 fee to the point of beginning of She centerline to be described; thence N 03 10'36" E, 54.8 feet; thence N 4 15'12" E, 447.65 feet; thence N 17057'54" E, 537.08 feet; thence N 0 05'21 "E to the South line of the Eden Prairie - Minneapolis Road, now known as County Road 153 or Vernon Avenue, and there terminating. The rights granted herein may be exercised at any time subsequent to the execution of this document. The grant herein contained shall also include the right to erect, at any time prior to the construction of the said transmission lines, reasonable signs conforming to requirements of applicable ordinances, for the purpose of monumenting the boundaries of this easement. Said transmission lines and supporting structures from time to time may be reconstructed or relocated on said strip of land with changed dimensions and to operate at different voltages. The grant of easement herein contained shall also include the right of NSP to have reasonable access to said strip of land across the property of Grantor adjacent thereto, said access to be designated by Grantor within a reasonable time upon request by NSP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NSP File No. Location No. Line No. _ E No..__..._ 0857 & 0896 Name Mortga¢e City of Edina The grant of easement herein contained shall include the right to enter upon the property of Grantor to survey for and locate said transmission lines and shall also include the right to remove from said strip of land any structures, trees (including branches of trees overhanging said strip of land) or objects, except fences, which in the reasonable opinion of NSP will interfere with said transmission lines. The grant herein contained shall also include the right of NSP to permit the attachment of wires of others to the structures supporting said transmission lines. Grantor reserves the right to cultivate, use and occupy said strip of land, except that, Grantor shall not erect any structures or other objects, permanent or temporary, except fences, thereon. Grantor further agrees that he it will not perform any act which will interfere with or endanger said transmission lines and further, shall not plant any trees upon said strip without the prior expressed written approval fron NSP, which approval shall not be unreasonably withheld. Notwithstanding any of the above provisions, ..0 -ee and its successors and assigns, and public utility companies, shall have the right to perform construction, reconstruction, repairs, replacements, improvements, and maintenance of playgrounds, playing fields, parking lots, streets, curbs and gutters, sewers, water lines, and underground utilities (hereinafter collectively called the "Work ") on, under and within that part of the easement area not then occupied by the structures supporting Northern St tes Power Company's electric transmission system, provided that such Work does not iiTpair the integrity of the structures in the easement area which support sai5 electrical transmission systems, or result in a clearance which is less Than the minimum requirements then specified by the National Electric Safetv Code. n9air�taitieel -- 6e�tpanpis -el the --eX+S jM integrity--e ilnprederrients reeptrements a}se- reset- aes- tl�e- r�e�i�t- te- e7eelteate- artel- l�a�e -er- permit- te- l9e- ��e�eel, gel-- t3sed- �r�l�- pt�i°peses- �- =R��Y� �n -��s- -anal- getters,- - seers- water •-*, - st1PPmt±ng - A1oi°t�3en°r- �t�rt�s -- Purer and trie- transmission- spster�; pre�rieleel- that- saiel- �re�ements -ale- net -aster �atzr�-- etibrrs,-- �- �kr- thep-- i�- st�t�tt-- c��- eieet�ieal �a} �- �- �*, ?t-- 3n-- a- �rotme�- eies�anee- �- 3es�- t�°ra�- t�- rninixttun Pee i€ feel- bp- tl�e- Alatienai- Eieetrieai- Sa€etp- Eeele- NSP sh 1 pay for, or restore, at its option, and at its cost, all damages to landscaping, grass, roads and driveways, parking lots, streets, curbs and gutters, sewers, wate lines, underground utilities, fences, and fields, including pi ygrounds and playfields, caused by the construction, reconstruction, replacement, repair or maintenance of said transmission lines. Eiaims- en- aeeet�rct -e€ - st�el�- damaes- p- lie- re€eri °eel- te- AISP' -s- nearest -e€ €tee - Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in e manner and form aforesaid. The rig is herein granted are subject to existing easements and rights of way for utility ines and pipes, driveways, parking lots, highways, roads, railroads, streets, pipe ines, canals, laterals, ditches or other electric transmission lines, poles and st ctures, and telegraph and telephone lines, poles and structures, heretofore gr nted, created or existing, across any part of the lands affected by this instrume t. The Grantor agrees to execute and deliver to NSP, at NSP's cost, without additional compensation, any additional documents needed to correct the legal description of the easement area to conform to the right of way actually occupied by the now existing transmission lines within the above described 75 -foot easement area. It is mutually understood and agreed that this instrument and a quitclaim deed of even date herewith from NSP, as grantor, to Grantor, as grantee, covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. - 2 - This instrument is exempt from the Min_.ewL_. Deed Tax. This instrument was drafted by Northern States Power Company, 414 Nicollet Mall, Minneapolis, Minnesota. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the day of ',q 84 STATE OF MINNESOTA COUNTY OF by HENNEPIN CITY OF EDINA B Its Manager n. And Its Clerk The foregoing instrument was acknowledged before me this day of STATE OF MINNESOTA COUNTY OF HEi':NEP I N NOTARY PUBLIC The foregoing instrument was acknowledged before me this day of ,19 ,19 , OLETMEMNIEM a_ -.. - .- e�nrxxxsrsr - n (NAML OF 00R FOLAT70R ACR �OWLL�GING) r a municipal (SrATL Of.LACL or INGOarORArIONI corporation, on behalf of the corporation. FOAM 17 -= IaACRI NOTARY PUBLIC -3- �. 31•M -QUIT CLAM DEED Minnesota Uniform Conveyancing Blanks (1978) ;on or Partnership - -i- -- - - - - - - - - °- �. -stron or Partnership I T NO delinquent taxes and transfer entered. Certlflcate of Real Estate Value ( b filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by f Deputy STATE DEED TAN DUE HEREON: S Exempt Date 19 84 M��te.•Dav�s Co. Mmneaom�s FOR VALUABLE CONSIDERATION, NORTrIE °.N STATES POWER COMPANY a Corporation under the laws of the State of Minnesota , Grantor, hereby conveys and quitclaims to the CITY OF FDTNA I , Grantee, a municipal corporation under the laws of the State of Minnesota , real property in Hennepin _ _ Countv. Nlinnesota. described- atfdio"s -on Exhibait A attached hereto and hereby made a part hereof together with all hereditaments and appurtenances belonging thereto. NORTHERN STATES PUER COMPANY i By p Its _• Vice President By Its Assistant Secretary STATE OF INlINNESOTA COUNTY OF = ENNEP I N The foregoing was ackrrziv.lt-dged before me this day of , 1984 , by Arthur V. Dienhart and Rosanne Giombolini the Vice President and Assistant Secretary of NORTHERN STATES POWER COMPANY ,a under the laws of the State of Minnesota , on behalf of the said corporation NOTARIAL 'STAMP OR SEAL (OR OTHER TITLE OR RANK.) I SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the teal Property described in•tiaa instrument abould be acne to (Include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): NORTHERN STATES POWER COMPANY -R J Braun 414 Nicoliet Mall Minneapolis, MN 55401 1 W/ r, 1. All that part of Lots 6, 7, 8 and 9, of Garden Park, Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, being a part of the EZ of the NE; in Section 32, Township 117 North, Range 21 West, described as follows, to wit: Commencing at a point on the South line of the County Road, known as the Eden Prairie- Minneapolis Road, 30 feet hb st of the East Section line of said Section 32; thence South, parallel to said East Section line and 30 feet distant therefrom to the right -of -way of the Minneapolis, Northfield & Southern Railroad Company; thence Southwesterly along the Westerly line of said railroad right -of -way to a point 264 feet North of the South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota; thence West parallel to said South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota, a distance of 55.6 feet; thence North 3° East, a distance of 146 feet; thence North 20° East, 630 feet; thence North, parallel to the East Section line of said Section 32, a distance of 953 feet, more or less, to the South line of said County Road, known as the Eden Prairie - Minneapolis Road; thence Northeasterly along the South line of said County Road to the point of beginning, containing 1.67 acres, more or .less. EXCEPTING AND RESERVING unto Northern States Power Company, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild or remove electric lines for the transmission of electric energy with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures and devices used or useful in the operation, maintenance and use of said lines and facilities related and appurtenant thereto for transmission and distribution of electric energy, over, under, across and upon all that part of the property described above which. lies within a strip of land 75 feet in width being 37.5 feet on each side of the following described centerline and extensions thereof; Beginning at the Southeast corner of the NE4 of Section 32, Township 117 North, Range 21 West; thence westerly along the South line of the said NEa, having a bearing of N 89 °49' 12" W, a distance of 250.18 feet to the point of beginning of the centerline to be described; thence N 03 °10'36" E, 54.8 feet; thence N 4 °15'12" E, 447.65 feet; thence N 17 °57'54" E, 537.08 feet; thence North 0 °05'21" E to the South line of the Eden Prairie - Minneapolis Road, now known as County Road 158 or Vernon Avenue, and there terminating. The easement reservations contained herein shall also include the following rights to Northern States Power Ccr[pany: (a) The rights reserved may be exercised at any time subsequent to the eenveyanee e€ the pieper=ty date of this Deed. (b) The right to erect reasonable signs, conforming to requirements of applicable ordinances, for the purpose of monumenting the boundaries of the easement area reserved herein. From time to time the electric lines and supporting structures may be reconstructed or relocated on the said easement area with changed dimensions and voltages. (c) The right of Northern States Power Company to have reasonable access to the easement area being reserved , said access to be designated by Grantee within a reasonable time upon request by Grantor. (d) The right of Northern States Power Company to enter upon the property cone red herein to survey for and locate said electric lines and shall also include he right to remove from said easement area any structures, trees (inclucL.ng branches of trees overhanging said area) or objects, except fences, which in the reasonable opinion of Northern States Power Company will interfere with said electric lines. (e) The right of Northern States Power Company to permit the attachment of wires of others to the structures supporting said electric lines. (f) The rights reserved herein shall prohibit the erection of any structures or other objects, permanent or temporary, except fences , within the easement area. The rights reserved further prohibit the planting of any trees within the easement area, or the performance of any act which will interfere with or endanger said electric lines. r Notwithstanding any of the above provisions, Grantee and its successors and assigns, and public utility companies, shall have the right to perform construction, reconstruction, repairs, replacements, improvements, and maintenance of playgrounds, playing fields, parking lots, streets, curbs and gutters, sewers, water lines, and underground utilities (hereinafter collectively called the "Work ") on, under and within that part of the easement area not then occupied by the structures supporting Northern States Power Company's electric transmission system, provided that such Work does not impair the integrity of the structures in the easement area which support said electrical transmission systems, or result in a clearance which is less than the minimum requirements then specified by the National Electric Safety Code. The- fie --fie - ght -to- mate- asel --hh -ems - pe ti -tc� -fie- e�eel, maintaineel - -ai e t -for- tlge -pt� penes- o€- par}ri g- �at�,- sheets,- -et l9s- anel- eft�tte s, seeders -- water - -t deg-� e+t tit i 1+tens -�heee -r-en-the pert�en -� -s a�el- �- ig�,a�- wap- -ix�t-- eeet�pieel -fir-- the- st��ct�es- ��i-rig- Aleetl�e�n States- �' evae�- 6empar�p'- s- e�eet��ee- trans�ss�eri- spst -ex+- p�ev�eleel- tl�et- saiel- ��e�ents e]e- riot -- alter -tire- exist-- �tn2d-- e- le��i�r�, -- nor- ela- ti°�ep--.ice ��i- �ettt�a� -er e�eetr�ea}- �ntee}ritp -ef - sa�el- t�ansr�issfen- system; - a�rel- p�er��eleel- €t��ti�e�- that -a� � -st�eh rats-- s�°ra��-- �estrlt - 3s-- a- t- e�eaar�ee -�f-- less-- tarr-- mnr+tun �+ee� #i°ernents- spee3fieel bp- tl�e- Pdetlena }- E.}eetrte- Safety- Seele- Northern States Power Company shall pay for, or restore, at its option, and at its cost, all damages to landscaping, grass, roads, driveways, parking lots, streets, curbs and gutters, sewers, water lines, underground utilities, fences and fields, including playgrounds and playing fields, caused by the construction, reconstruc- tion, replacement, repair, or maintenance of said transmission lines. The property described in this Deed is subject to a lien of a Trust Indenture from Northern States Power Carpany to Harris Trust and Savings Bank, Trustee, and Indentures supplemental thereto which Northern States Power Company agrees to have released of record within 90 days after del- ivery -ef -fee - tftl-e- te -the �rantee the date of this Deed. 4942679 �K PARTIAL RELEASE r KNOW ALL MEN BY THESE PRESENTS, That HARRIS TRUST AND SAVINGS BANK, an Illinois corporation, as Trustee under and by virtue of the Trust Indenture and Supplemental Indentures hereinafter described, for valuable consideration, receipt whereof is hereby acknowledged, does forever discharge and release the following described property situate in the County of Hennepin, State of Minnesota, described as follows, to -wit: All that part of Lots 6, 7, 8 and 9, of Garden Park, Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, being in part of the Eh of the NE4 in Section 32, Township 117 North, Range 21 West, described as follows, to -wit: Commencing at a point on the South line of the County Road, known as the Eden Prairie - Minneapolis Road, 30 feet West of the East Section line of said Section 32; thence South, parallel to said East Section line and 30 feet distant therefrom to the right -of -way of the Minneapolis, Northfield & Southern Railroad Company; thence Southwesterly along the Westerly line of said railroad right -of -way to a point 264 feet North of the South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota; thence West parallel to said South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota, a distance of 55.6 feet; thence North 3' East, a distance of 146 feet; thence North 20' East, 630 feet; thence North, parallel to the East Section line of said Section 32, a distance of 953 feet, more or less, to the South line of said County Road, known as the Eden Prairie - Minneapolis Road; thence Northeasterly along the South line of said County Road to the point of beginning, containing 1.67 acres, more or less; EXCEPTING AND RESERVING unto Northern States Power Company, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild or remove electric lines for the transmission of electric energy with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures and �• I t devices used or useful in the operation, main- tenance and use of said lines and facilities related and appurtenant thereto for transmission and distribution of electric energy over, under, across and upon all that part of the property described above which lies within a strip of land 75 feet in width being 37.5 feet on each side of the following described centerline and extensions thereof: Beginning at the Southeast corner of the NEk of Section 32, Township 117 North, Range 21 West; thence westerly along the south line of the said NEk, having a bearing of N 89'49112" W, a distance of 250.18 feet to the point of beginning of the centerline to be described; thence N 03'10136" E, 54.8 feet; thence N 4'15112" E, 447.65 feet; thence 17'57154 "E, 537.08 feet; thence N 0'05121" E to the South line of the Eden Prairie - Minneapolis Road now known as County Road 158 or Vernon Avenue, and there terminating; from all claims and liens of and under that certain Trust Indenture dated February 1, 1937, from Northern States Power Company to Harris Trust and Savings Bank, Trustee, and Indentures supplemental thereto dated June 1, 1942 February 1, 1944 October 1, 1945 July 1, 1948 August 1, 1949 June 1, 1952 October 1, 1954 September 1, 1956 August 1, 1957 July 1, 1958 December 1, 1960 August 1, 1961 June 1, 1962 September 1, 1963 August 1, 1966 2 June 1, 1967 October 1, 1967 May 1, 1968 October 1, 1969 February 1, 1971 May 1, 1971 February 1, 1972 January 1, 1973 January 1, 1974 September 1, 1974 April 1, 1975 May 1, 1975 March 1, 1976 June 1, 1981 December 1, 1981 May 1, 1983, December 1, 1983 and September 1, 1984 ' which Trust Indenture and Supplemental Trust Indentures are recorded in the office of the County Recorder, Hennepin County, Minnesota, and the recording data for said Trust Indenture as well as any Supplemental Trust Indenture which specifically describes any portion of the property hereby released as follows: i3,)oX February 1, 1937, in Box 1917 of Mortgages at Page 2. It is hereby expressly stipulated and provided that this Partial Release shall not be effective in any manner or to any extent to release any property, rights, or interest from the lien of said Trust Indenture and said Supplemental Trust Indentures, excepting only as herein specifically expressed, and the lien of said Trust Indenture and said Supplemental Trust Indentures shall in other respects remain unaffected and unimpaired by the execution and delivery of this Partial Release. IN WITNESS WHEREOF, Harris Trust and Savings Bank, as Trustee, has caused these presents to be executed in its corporate name by its Vice President and sealed with its corporate seal and attested by its Assistant Secretary for half this ?-rO day of lVtVE1"13eA� ATTEST: Assistant Secretary HARRIS TRUST AND SAVINGS BANK Trustee By G..►� Vice President 3 r STATE OF ILLINOIS ss. COUNTY OF COOK On this 9-rkt day of IVodriy 13o,<' , 1984, before me, 11 r . , a Notary Public in and for the County a d` t`te' aforesaid, personally appeared R. S. STAR and C. POTTER , to me personally known, and to me known to be the Vice President and Assistant Secretary, respectively, of Harris Trust and Savings Bank, and who, being by me severally duly sworn, each for himself, did say that he, the said R. S. STAm , is Vice President, and he, the said Q. POT] Erj , is the Assistant Secretary of Harris Trust and Savings Bank, a corporation; that the seal affixed to the within and foregoing instrument is the corporate seal of said corporation; and that said instrument was executed in behalf of said corporation by authority of its Board of Directors- and that R. S. STAM and F pOTf ER each acknowledged said instrument to be the free act and deed of said corporation, and that such corporation executed the same. WITNESS MY HAND AND NOTARIAL SEAL this 9jr# day of NO Vk5M6E k , 1984. My Commission Expires: v f} Seal) Notary Public THIS INSTRUMENT WAS DRAFTED BY NORTHERN STATES POWER COMPANY 414 NICOLLET MALL MINNEAPOLIS, MINNESOTA 55401 4149 42679 13-3q Z 6 7 9 1984 NOV 13 PM 3: 10 .:-4942679 A,z cl 7 h14-7- 2 Corp( to Co No. 31 -M —QUITCLAIM DEED nation or Partnership J ,)ration or Partnership No delinquent taxes and transfer eni of Real Estate Value ( ) filed ( Certificate of Real Estate Value No.. ,19 Minnesota Uniform Conveyancing Blanks (1978) 4936099 -& -L el �3 V WrI14T7 TAMP County Auditor STATE DEED TAX DUE HEREON: $ _EXEMPT Date: %�"'l , 19 84 Miller -Davis Co., Minneapolis FOR VALUABLE CONSIDERATION, NORTHERN STATES POWER COMPANY ,a corporation under the laws of the State of Minnesota , Grantor, hereby conveys and quitclaims to the CITY OF EDINA Grantee, a municipal corporation _ under the laws of the State of Minnesota , real property in Hennepin _County, Minnesota, described ffi?-€ rCA #F. on Exhi bi t A attached hereto and hereby made a part hereof (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. a S tuft. . re:; STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of _'19 $4 , by Arthur V. Dienhart and Rosanne Gi mbolini the Vice President and Assistant Secretary of NORTHERN STATES POWER COMPANY ,a corporation under the laws of the State of Minnesota alf of the said corporation NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATUREOFPERSO AKING ACKNOWLEDGMENT Tax Statements for the real pro y described in this Instrument should be sent to (Include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): NORTHERN STATES POWER COMPANY 414 Nicollet Mall Minneapolis, MN 55401 Y a :r ; DAVID J. FISHER " ?S!' NOTARY PUBLIC M4MlNESOTA HENNEPIN COUNTY my Commission Expires Oct. 1, 1988 5 City of Edina 4801 West 50 Street Edina, idnnesota 55424 OCT 22411 6 0 9 9 $ 000.00 0 1984 OCT 22 AN 10: 06 #493009; (reserved for recording data) FOR VALUABLE CONSIDERATION, NORTHERN STATES POWER COMPANY ,a corporation under the laws of the State of Minnesota , Grantor, hereby conveys and quitclaims to the CITY OF EDINA Grantee, a municipal corporation _ under the laws of the State of Minnesota , real property in Hennepin _County, Minnesota, described ffi?-€ rCA #F. on Exhi bi t A attached hereto and hereby made a part hereof (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. a S tuft. . re:; STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of _'19 $4 , by Arthur V. Dienhart and Rosanne Gi mbolini the Vice President and Assistant Secretary of NORTHERN STATES POWER COMPANY ,a corporation under the laws of the State of Minnesota alf of the said corporation NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATUREOFPERSO AKING ACKNOWLEDGMENT Tax Statements for the real pro y described in this Instrument should be sent to (Include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): NORTHERN STATES POWER COMPANY 414 Nicollet Mall Minneapolis, MN 55401 Y a :r ; DAVID J. FISHER " ?S!' NOTARY PUBLIC M4MlNESOTA HENNEPIN COUNTY my Commission Expires Oct. 1, 1988 5 City of Edina 4801 West 50 Street Edina, idnnesota 55424 structures, trees (including branches of trees overhanging said area) or objects, except fences, which in the opinion of Northern States Power Company will interfere with said electric lines. (e) The right of Northern States Power Company to permit the attachment of wires of others to the structures supporting said electric lines. (f) The rights reserved herein shall prohibit the erection of any structures or other objects, permanent or temporary, except fences, within the easement area. The rights reserved further prohibit the planting of any trees within the easement area, or the performance of any act which will interfere with or endanger said electric lines. Notwithstanding any of the above provisions, Grantee and its successors and assigns, and public utility companies, shall have the right to perform construction, reconstruction, repairs, replacements, improvements, and maintenance of playgrounds, playing fields, parking lots, streets, curbs and gutters, sewers, water lines, and underground utilities (hereinafter collectively called the "Work ") on, under and within that part of the easement area not then occupied by the structures supporting Northern States Power Company's electric transmission system, provided that such Work does not impair the integrity of the structures in the easement area which support said electrical transmission systems, or result in a clearance which is less than the minimum requirements then specified by the National Electric Safety Code. Northern States Power Company shall pay for, or restore, at its option, and at its cost, all damage to landscaping, grass, roads, driveways, parking lots, streets, curbs and gutters, sewers, water lines, underground utilities, fences and fields, including playgrounds and playing fields, caused by the construction, reconstruction, replacement, repair, or maintenance of said transmission lines. The property described in this deed is subject to a lien of a Trust Indenture from Northern States Power Company to Harris Trust and Savings Bank, Trustee, and Indentures supplemental thereto which Northern States Power Company agrees to have released of record within 90 days after the date of this deed. Page 2 of 2 EXHIBIT A All that part of Lots 6, 7, 8 and 9, of Garden Park, Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, being a part of the E2 of the NE4 in Section 32, Township 117 North, Range 21 West, described as follows, to -wit: Commencing at a point on the South line of the County Road, known as the Eden Prairie - Minneapolis Road, 30 feet west of the east section line of said Section 32; thence south, parallel to said east section line and 30 feet distant therefrom to the right of way of the Minneapolis, Northfield & Southern Railroad Company; thence southwesterly along the westerly line of said railroad right of way to a point 264 feet north of the South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota; thence west parallel to said South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota, a distance of 55.6 feet; thence North 30 East, a distance of 146 feet; thence North 20° East, 630 feet; thence north, parallel to the east section line of said Section 32, a distance of 953 feet, more or less, to the South line of said County Road, known as the Eden Prairie - Minneapolis Road; thence northeasterly along the South line of said County Road to the point of beginning, containing 1.67 acres, more or less. EXCEPTING AND RESERVING unto Northern States Power Company, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild or remove electric lines for the transmission of electric energy with all towers, structures, poles, crossanns, cables, wires, guys, supports, counterpoises, fixtures, and devices used or useful in the operation, maintenance and use of said lines and facilities related and appurtenant thereto for transmission and distribution of electric energy, over, under, across, and upon all that part of the property described above which lies within a strip of land 75 feet in width being 37.5 feet on each side of the following described centerline and extensions thereof; Beginning at the Southeast corner of the NE4 of Section 32, Township 117 North, Range 21 West; thence westerly along the South line of the said NE4, having a bearing of N 89 °49'12" W, a distance of 250.18 feet to the point of beginning of the centerline to be described; thence N 03 °10'36" E, 54.8 feet; thence N 4 °15'12" E, 447.65 feet; thence N 17 °57'54" E, 537.08 feet; thence N 0 °05'21" E to the South line of the Eden Prairie - Minneapolis Road, now known as County Road 158 or Vernon Avenue, and there terminating. The easement reservations contained herein shall also include the following rights to Northern States Power Company: (a) The rights reserved may be exercised at any time subsequent to the date of this deed. (b) The right to erect reasonable signs, conforming to requirements of applicable ordinances, for the purpose of monumenting the boundaries of the easement area reserved herein. From time to time the electric lines and supporting structures may be reconstructed or relocated on the said easement area with changed dimensions and voltages. (c) The right of Northern States Power Company to have reasonable access to the easement area being reserved, said access to be designated by Grantee within a reasonable time upon request by Grantor. (d) The right of Northern States Power Company to enter upon the property conveyed herein to survey for and locate said electric lines and shall also include the right to remove from said easement area any Page 1 of 2 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. PAUL, MINNESOTA 55101 (612) 227 -8017 P. 0. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288 -3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 Mr. Don Lofthus City of Edina 4801 West 50 Street Edina, Minnesota 55402 Dear Don: DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 -2600 TELEX: 29-0605 TELECOPIER c (612) 340-2868 THOMAS S. ERICKSON, P. A. (612) 340 -2659 July 23, 1984 Re: Garden Park - NSP Easement I enclose the following: 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406) 727 -3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202) 955-1050 30 RUE LA BOETIE 75008 PARIS, FRANCE Oil 331 562 32 50 1. A proposed quit claim deed from NSP to Edina of property owned by NSP in Garden Park. 2. An easement from Edina to NSP over a part of Garden Park. 3. A map showing the location of the properties described in the two documents. The red area is the NSP property to be conveyed to the City; the blue area is the 75 foot easement to be conveyed to NSP; and the green line is the center line of the 75 foot strip. Will you please do the following: As to the quit claim deed: (i) check the legal description against the map; and (ii) check the 75 foot easement description against the map. As to the easement agreement: (i) check the description of theme two parcels which the City presumably owns - are they accurate and does the City own them ?; and (ii) check the description of the 75 foot easement Also, please read both documents and note the changes we have made. I trust the changes are appropriate and sufficient. Please call me as soon as you have reviewed the documents so that I can advise NSP. They do want to bring this matter to a committee on Wednesday, July 25. TSE:jd enclosures Very truly yours, r Thomas Eric son CITY OF "EDINA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612- 927 -8861 August 29, 1984 Thomas S. Erickson, P.A. Dorsey and Whitney 2200 First Bank Place East Minneapolis, MN 55402 Re: Resolution - Quit Claim Deed /Easement Garden Park - NSP /City Dear Tom: Enclosed are two certified copies of the resolution adopted by the Edina City Council on August 20, 1984, regarding the above Quit Claim Deed and Easement. I presume either your office or NSP will be preparing the documents for signature by the City. Sincerely, -/P,( &wA Marcella M. Daehn City Clerk cc: v Don Lofthus, Engineering CITY OF EDINA J� 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612 - 927 -8861 RE 90LUT I ON BE IT RESOLVED, by the Edina City Council that it hereby approves acceptance of a Quit Claim Deed whereby Northern States Power Company will convey to the City of Edina a parcel of land abutting the east boundary of Garden Park, described as follows: All that part of Lots 6, 7, 8 and 9, of Garden Park, Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, being a part of the E2 of the NE, in Section 32, Township 117 North, Range 21 west, described as follows, to -wit: Commencing at a point on the South line of the County Road, known as the Eden Prairie - ;Minneapolis Road, 30 feet 6L- st of the East Section line of said Section 32; thence South, parallel to said East Section line and 30 feet distant therefrom to the right -of -way of the Minneapolis, Northfield & Southern Railroad Company; thence Southwesterly along the westerly line of said railroad right -of -way to a point 264 feet North of the South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota; thence west parallel to said South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota, a distance of 55.6 feet; thence North Et t, a distance of 146 feet; thence North 20° East, 630 feet; thence North, parallel East Section line of said Section 32, a distance of 953 feet, more or less, to the South line of said County Road, known as the Eden Prairie- Minneapolis Road; thence Northeasterly along the South line of said County Road to the point of beginning, containing 1.67 acres, more or less. EXCEPTING AMID RESERVING unto Northern States Power Company, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild or remove electric lines for the transmission of electric energy with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures and devices used or useful in the operation, maintenance and use of said lines and facilities related and appurtenant thereto for transmission and distribution of electric energy, over, under, across and upon all that part of the property described above which lies within a strip of land 75 feet in width being 37.5 feet on each side of the following described centerline and extensions thereof; Beginning at the Southeast corner of the NE, of Section 32, Township 117 on �a Range 21 West; thence westerly along the South line of the said NEo, g bearing of N 89 049112" W, a distance of 250.18 feet to the point of beginning of the centerline to be described; thence N 03 °10'36" E, 54.8 feet; thence N 4 °15'12" E, 447.65 feet; thence N 17 °5754" E, 537.08 feet; thence North 0 °05'21" E to the South line of the Eden Prairie - Minneapolis Road, now known as County Road 158 or Vernon Avenue, and there terminating ; and t 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 August 20, 1984, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 29th day of August, 1984. City Clerk 4933970 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter called "Grantor ", in consideration of the sum of One Dollar (S1.00) and other good and valuable consideration to Grantor in hand paid by Northern States Power Company, a Minnesota corporation, hereinafter called "NSP ", does hereby convey and quitclaim unto NSP, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild, or remove electric transmission lines with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures, and devices used or useful in the operation, maintenance and use of said lines through, over, under, and across the following described lands situated in the County of Hennepin, State of Minnesota, to -wit: Torrens Parcel That part of the North 202.7 feet of Lot 6 and that part of Lots 7, 8 and 9 lying west of a line described as follows: Commencing at a point 55.6 feet west from the West line of railroad right of way and 264 feet north from'South line of Lot 6; thence north 3 degrees east 146 feet; thence north 20 degrees east 630 feet; thence north parallel with East line of Garden Park Addition to South line of Eden Prairie Road, all in Garden Park, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County, and Abstract Parcel That part of the North 202.7 feet of Lot 6 and that part Lots 7, 8 and 9 lying west of the right of way of the Minneapolis, Northfield & Southern Railroad Company and line described as follows: of east of a Commencinq at a point 55.6 feet west from the West line of railroad right of way and 264 feet north from South line of Lot 6; thence North 3 degrees East 146 feet; thence North 20 degrees East 630 feet; thence North parallel with East line of Garden Park Addition to South line of Eden Prairie Road, all in Garden Park, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. which easement as it crosses the above described parcels lies within a strip of land 75 feet in width, being 37.5 feet on each side of the following described centerline and extensions thereof: Beginning at the Southeast corner of the NE-L4 of Section 32, Township 117 North, Range 21 West; thence westerly along the South line of the said NE-I4, having a bearing of N 89 °49'12" W, a distance of 250.18 feet to the point of beginning of the centerline to be described; thence N 03 °10'36" E, 54.8 feet; thence N 4 015'12" E, 447.65 feet; thence N 17 057'54" E, 537.08 feet; thence N 0 °05121" E to the South line of the Eden Prairie - Minneapolis Road, now known as County Road 158 or Vernon Avenue, and there terminating. The rights granted herein may be exercised at any time subsequent to the execution of this document. NSP File No. Location No. Line No. 0857 & 0896 E No. lk+ Name City of Edina Mortgage Page 1 of 3 7 �• r The grant herein contained shall also include the right to erect, at any time prior to the construction of the said transmission lines, reasonable signs conforming to requirements of applicable ordinances, for the purpose of monumenting the boundaries of this easement. Said transmission lines and supporting structures from time to time may be reconstructed or relocated on said strip of land with changed dimensions and to operate at different voltages. The grant of easement herein contained shall also include the right of NSP to have reasonable access to said strip of land across the property of Grantor adjacent thereto, said access to be designated by Grantor within a reasonable time upon request by NSP. The grant of easement herein contained shall include the right to enter upon the property of Grantor to survey for and locate said transmission lines and shall also include the right to remove from said strip of land any structures, trees (including branches of trees overhanging said strip of land) or objects, except fences, which in the opinion of NSP will interfere with said transmission lines. The grant herein contained shall also include the right of NSP to permit the attachment of wires of others to the structures supporting said transmission lines. Grantor reserves the right to cultivate, use and occupy said strip of land, except that, Grantor shall not erect any structures or other objects, permanent or temporary, except fences, thereon. Grantor further agrees that it will not perform any act which will interfere with or endanger said transmission lines and further, shall not plant any trees upon said strip without the prior expressed written approval from NSP, which approval shall not be unreasonably withheld. Notwithstanding any of the above provisions, Grantor and its successors and assigns, and public utility companies, shall have the right to pe rform construction, reconstruction, repairs, replacements, improvements, and maintenance of playgrounds, playing fields, parking lots, streets, curbs and gutters, sewers, water lines, and underground utilities (hereinafter collectively called the "Work ") on, under, and within that part of the easement area not then occupied by the structures supporting Northern States Power Company's electric transmission system, provided that such Work does not impair the integrity of the structures in the easement area which support said electrical transmission systems, or result in a clearance which is less than the minimum requirements then specified by the National Electric Safety Code. NSP shall pay for, or restore, at its option, and at its cost, all damages to landscaping, grass, roads and driveways, parking lots, streets, curbs and gutters, sewers, water lines, underground utilities, fences, and fields, including playgrounds and playfields, caused by the construction, reconstruction, replacement, repair, or maintenance of said transmission lines. Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. The rights herein granted are subject to existing easements and rights of way for utility lines and pipes, driveways, parking lots, highways, roads, railroads, streets, pipelines, canals, laterals, ditches, or other electric transmission lines, poles and structures, and telegraph and telephone lines, poles and structures, heretofore granted, created or existing, across any part of the lands affected by this instrument. It is mutually understood and agreed that this instrument and a quitclaim deed of even date herewith from NSP, as grantor, to Grantor, as grantee, covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms hereof. Page 2 of 3 •f Th n instrument is exempt from tlinnesota Deed Tax. This instrument was drafted by Northern States Power Company, 414 Nicol let Hal 1 , t1i nneapol i s, t1i nnesota. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the 1A It\ day of ,rer +eh,b -e,. _ 1984. CITY OF E A BY is Planager And 'kA' Its Clerk STATE OF 11INNESOTA) ) ss. COUNTY OF HENNEPIN) ��" foregoing instrument was acknowledged before me this (2 day of4 --4-y- 6.e 1984, by Kenneth E. Rosland, its flanager, and tlarcella D ehn, its Clerk, on behalf of the CITY OF EDINA, a ttunicipal corporation, on behalf of the corporation. ary ub s CRAG L. LAFIGEN ►� NOTARY PUBLIC - h11NNESOTA HENNEPIN COUNTY '�°,,. MY Commission Expires Sept. 15,19$4 tsi THIS INSTRUMENT WAS DRAFTED BY {name and address) Page 3 of 3 q re sw �rA l da�i Jf PROPLIM TA?Y41101`4 OCT 2 ri 4 (;04JNTY MINN. ay T-11 1609164 49 339 74; GIS ED PAGE 6 7 r OCI 12-14 3 9 7 0 005.0001 VIN cvU%:v.M.N%,.ScT-% mi IN 1984 OCT 12 b5 00 rn • M70 c 30 By I 4942679 PARTIAL RELEASE KNOW ALL MEN BY THESE PRESENTS, That HARRIS TRUST AND SAVINGS BANK, an*Illinois corporation, as Trustee under and by virtue of the Trust Indenture and Supplemental Indentures hereinafter described, for valuable consideration, receipt whereof is hereby acknowledged, does forever discharge and release the following described property situate in the County of Hennepin, State of Minnesota, described as follows, to -wit: All that part of Lots 6, 7, 8 and 9, of Garden Park, Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and fox Hennepin County, Minnesota, being in part of the Eh of the NE4 in Section 32, Township 117 North, Range 21 West, described as follows, to -wit: Commencing at a point on the South line of the County Road, known as the Eden Prairie - Minneapolis Road, 30 feet West of the East Section line of said Section 32; thence South, parallel to said East Section line and 30 feet distant therefrom to the right -of -way of the Minneapolis, Northfield & Southern Railroad Company; thence Southwesterly along the Westerly line of said railroad right -of -way to a point 264 feet North of the South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota; thence West parallel to said South line of said Lot 6 of said Garden Park, Hennepin County, Minnesota, a distance of 55.6 feet; thence North 3' East, a distance of 146 feet; thence North 20' East, 630 feet; thence North, parallel to the East Section line of said Section 32, a distance of 953 feet, more or less, to the South line of said County Road, known as the Eden Prairie - Minneapolis Road; thence Northeasterly along the South line of said County Road to the point of beginning, containing 1.67 acres, more or less; EXCEPTING AND RESERVING unto Northern States Power Company, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild or remove electric lines for the transmission of electric energy with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures and r devices used or useful in the operation, main- tenance and use of said lines and facilities ` related and appurtenant thereto for transmission and distribution of electric energy over, under, across and upon all that part of the property described above which lies within a strip of land 75 feet in width being 37.5 feet on each side of the following described centerline and extensions thereof: Beginning at the Southeast corner of the NEh of Section 32, Township 117 North, Range 21 West; thence westerly along the south line of the said NE4, having a bearing of N 89'49112" W, a distance of 250.18 feet to the point of beginning of the centerline to be described; thence N 03'10136" E, 54.8 feet; thence N 4'15112" E, 447.65 feet; thence 17'57154 "E, 537.08 feet; thence N 0'05121" E to the South line of the Eden Prairie- Minneapolis Road now known as County Road 158 or Vernon Avenue, and there terminating; from all claims and liens of and under that certain Trust Indenture dated February 1, 1937, from Northern States Power Company to Harris Trust and Savings Bank, Trustee, and Indentures supplemental thereto dated June 1, 1942 February 1, 1944 October 1, 1945 July 1, 1948 August 1, 1949 June 1, 1952 October 1, 1954 September 1, 1956 August 1, 1957 July 1, 1958 December 1, 1960 August 1, 1961 June 1, 1962 September 1, 1963 August 1, 1966 2 June 1, 1967 October 1, 1967 May 1, 1968 October 1, 1969 February 1, 1971 May 1, 1971 February 1, 1972 January 1, 1973 January 1, 1974 September 1, 1974 April 1, 1975 May 1, 1975 March 1, 1976 June 1, 1981 December 1, 1981 May 1, 1983, December 1, 1983 and September 1, 1984 ' which Trust Indenture and Supplemental Trust Indentures are recorded in the office of the County Recorder, Hennepin County, Minnesota, and the recording data for said Trust Indenture as well as any Supplemental Trust Indenture which specifically describes any portion of the property hereby released as follows: ,3aok February 1, 1937, in B•vx 1917 of Mortgages at Page 2. It is hereby expressly stipulated and provided that this Partial Release shall not be effective in any manner or to any extent to release any property, rights, or interest from the lien of said Trust Indenture and`said Supplemental Trust Indentures, excepting only as herein specifically expressed, and the lien of said Trust Indenture and said Supplemental Trust Indentures shall in other respects remain unaffected and unimpaired by the execution and delivery of this Partial Release. IN WITNESS WHEREOF, Harris Trust and Savings Bank, as Trustee, has caused these presents to be executed in its corporate name by its Vice President and sealed with its corporate seal and attested by its Assistant Secretary for its behalf 4 " this T/f day of 1(%p i C1;113,tr W , _ is R ((��.t !�� •, �� -,f HARRIS TRUST AND SAVINGS BANK Trustee '13+1'' k �: #r s�� D 4+t',p'' • ; .'� � 4+„ ♦ Syr 2. h., Vice President ATTEST: C�— C �c Assistant Secretary 3 t STATE OF ILLINOIS ) ss. COUNTY OF COOK ) On this 7'ri day of /��yg�y j3,�"s� 1984, before me, , a Notary Public in and for the County, and "Sta -te aforesaid, personally appeared R. S. STAR and C. POTTER , to me personally known, and to me known to be the Vice President and Assistant Secretary, respectively, of Harris Trust and Savings Bank, and who, being by me severally duly sworn, each for himself, did say that he, the said R. S. STAN( , is Vice President, and he, the said G.POTIEk , is the Assistant Secretary of Harris Trust and Savings Bank, a corporation; that the seal affixed to the within and foregoing instrument is the corporate seal of said corporation; and that said instrument was executed in behalf of said corporation by authority of its Board of Directors- and that R. S. STAM and C. POTTER each acknowledged said instrument to be,the free act and deed of said corporation, and that such corporation executed the same. WITNESS MY HAND AND NOTARIAL SEAL this 9r# day of N0 llrYjT3,F' l� , 1984. . 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