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GRANT OF TEMPORARY ACCESS EASEMENT AND AGREEMENT
THIS INSTRUMENT, Made this day of Tu Lll , 1984
by and between Louis J. Regan and Frances L. Regan, husband and
wife, of the County of Hennepin and State of Minnesota, "Grantors"
and the City of Edina, a municipal corporation organized under
the laws of the State of Minnesota, "Edina ".
WITNESSETH, that Grantors, in consideration of One and No /100
Dollar ($1.00), to them in hand paid, the receipt whereof is
hereby acknowledged by Grantors, do hereby Convey and Quit Claim
to Edina a Temporary Easement for the purpose of crossing and
recrossing over and across the following described property (the
"Easement Area ") with workers and equipment for the purpose of
cutting, harvesting and removing aquatic vegetation from Mirror
Lake:
That part of the East 100 feet of Lot 34,
Auditor's Subdivision No. 325 lying north
of Blake Road, Hennepin County, Minnesota.
Said Temporary Easement is granted subject to the following
conditions, restrictions and agreements which Edina hereby accepts
and agrees to:
1) The Temporary Easement shall cease and terminate upon
the earlier of (a) that date which is ten years after
the date of this Grant of Temporary Access Easement
and Agreement set forth above; or (b) the date of record-
ing of a deed whereby the above described property is
conveyed by Grantors, their heirs or representatives;
whichever first occurs.
2) Only employees and contractors of Edina and employees
and agents of such contractors may enter upon the Ease-
ment Area and then only for the purposes above stated. -
3) The Temporary Easement shall not grant to Edina or the
public the right to use the Easement Area as a public
park or for any other purpose except that for which
the Temporary Easement is specifically granted as des-
cribed above and members of the public shall not acquire
any access to Mirror Lake or the right to make any im-
provements on the Easement Area for public park or other
purposes.
4) Edina hereby agrees to indemnify Grantors and their
heirs and representatives against and to hold Grantors
and their heirs and representatives harmless from, any
and all claims, demands, losses, expenses (including
reasonable attorneys fees), actions or causes of action
of any kind, which may be suffered by or made or brought
against Grantors and their heirs and representatives,
or any one or more of them, and which arise from or
in connection with or, in any manner, are related to,
the use of the Easement Area by Edina its employees
or contractors or the etitplo e`s or ag.ants of such con-
tractors or any act or neglect occuring in connection
with, during or related to such use.
5) Edina may undertake improvements to the Easement Area
as are necessary to allow the use of the Easement Area
by Edina for the purposes authorized by this Temporary
Easement provided that Edina first secures the permission
in writing from Grantors to such improvements and pro-
vided further that Edina shall have constructed a barri-
cade adjoining Blake Road to prevent access by the gen-
eral public to the Easement Area.
6) By executing this Grant of Temporary Access Easement
and Agreement, Edina represents to Grantors and their
heirs and representatives that such execution has been
duly authorized by all necessary action of the Edina
City Council and any other required municipal officer,
agency or body and that the covenants and agreements
on the part of Edina herein contained are valid and
binding obligations of Edina enforceable against it
in accordance with its terms.
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IN WITNESS WHEREOF, Grantors and Edina caused t' -is instrument
to'be duly executed the day and year first above written.
Louis J. Regan
�AX -A-e -a `I . / el ,sue✓`
Frances L. Regan
CITY OF EDXNA
By
EM
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN
J
On this Z(Tktray of 'Jc A.D. 1984, before me,
a Notary Public within and for sa'd County, personally appeared
Louis J. Regan and Frances L. Regan, husband and wife to me known
to be the persons described in and who executed the foregoing
instrument, and acknowledged that they executed the same as their
free act and deed.
CRAIG L. LAR EN
NOTARY PUBLIC A1INNESOTA
HENNEPIN COL•' "1TY Not 1 C
My Comrnission Expires Sept. 15, 1984
,N�,p{WIOIAF�
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do/�herby certify that on th i day appeared
before me �' . Vti U� l ewe Ne and jVl • r-� ardSo�
known to me to be the Mayor an Manager, respectively, of the
CITY OF EDINA, who signed and ackndwledged the foregoing instru-
ment in their official capacities as officers of said municipal
corporation.
Given under my hand and notarial
u.Ej , 1984. /
L. LA^.SEN
i° NOT, ^,.IY PUBLIC • 1'A1N7;ESOTA
AALL c
COM. "Y
•�� AfyC9 :rr.�is:i�nE•:;icesSe�rt.15.1984
al this l day of
THIS DOCUMENT IS EXEMPT FROM DEED TAX
This instrument was drafted by:
Gray, Plant, Mooty, Mooty & Bennett
3400 City Center
Minneapolis, Minnesota 55402
-3-
TRANSFER ENTFUD
DEPARTMENT Of PROPERTY TAXATION
ION
OCT. 17 14
H �% UNTY MINN.
By EPUT'Y
..
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49349'79
4 ac 17 pM 9: 00
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