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HomeMy WebLinkAbout2264Date: September 17, 1985 To: Lorraine O. Macziewski City of Edina Engineering Department 4801 West 50th Street Edina, Minnesota 55424 From: Thomas S. Erickson Dorsey & Whitney 2200 First Bank Place East Minneapolis, Minnesota 55402 SUBJECT: Enclosed Easement Agreement For Storm Sewer - The Northland Company Executed by Kenneth N. StensbV, Vice President, and M. Jerome Rowe, Asst. Secretary, Northland Co. Recorded January 3, 1985 in the Office of Registrar of Titles Hennepin County, Minnesota as Document No. 1620138 Very trul/,yyolars, 4Q ki Dolan retary to Thomas S. Erickson lIK 0 'a P Rc,ts1ERED 14'L. (►OQ� OFFICE Of THE REGISTRAR OF TITLES 14ENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON JAN 3 - 1985 Of P. ems. REGISTRAR OF ML" er DEPUTT EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of (�G 1984, by and between The Northland --.a Company, a Minnesota corporation, hereinafter called "Grantor ", and the City of Edina, a municipal corporation under the laws of the State of Minnesota, hereinafter called "Grantee "; WITNESS: Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, convey, and warrant to Grantee an easement in perpetuity for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing, and reconstructing a storm sewer system in, under, and over the following described property situated in the County of Hennepin and State of Minnesota, to -wit: That part of the East 10 feet of Tract I, REGISTERED LAND SURVEY NO. 1050 lying north of the south 15 feet thereof, Grantee covenants and agrees to indemnify, defend and hold TRANSFER ENTERED DEPARTMENT OF PROPERTY TAXATION r4ov, a ;rdN CO UNTY MINN. ;3y 0ioun r harmless Grantor and Grantor's tenants, successors and assigns from and against all claims, costs, expenses and liability (including reasonable attorneys' fees and costs of suit incurred in connection with all claims) including any action or proceeding arising from or as a result of the death of, or any accident, injury, loss or damage whatsoever caused to any person or entity, or to the property of any person or entity, which shall occur by reason of the construction contemplated by this Easement Agreement or as a result of the maintenance of such easement. Grantee shall, in the construction or maintenance of any utilities, replace any shrubs, sod, trees or other improvements existing on the easement area as of the date hereof and which have been removed in connection with such construction or maintenance work, in as nearly as possible the same condition as before. IN TESTIMONY THEREOF, the parties hereto have caused this Easement Agreement to be executed the day and year first above written. THE NORTHLAND COMP THE CITY OF J�DINA TJ By -2- Its J, - J STATE OF MINNESOTA ss. COUNTY OF ) On this day of �G 1984, before me, a Notary Public, within and for said County, personally appeared and , G °�%E� 1,0Wpto me personally known, who, being each by me duly sworn, did say that they are respectively the 1%j�(i �/`� ,5 , and of THE NORTHLAND COMPANY, the corporation named in the foregoing instrument and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of /Y. and acknowledged said instrument to be the free act and deed of said corporation. F& /7 /17 4 �r�AE BIE'�Y' NAfi�" 4UC MIS SEY C000f STATE OF MINNESOTA ) M F :Y.FP E w: its }"I s s . COUNTY OF HENNEPIN ) On this day of`$�� 1984, before me, a Notary Public, within and for said County, per y appeared C� and a�Gvs�rX a to me personally known, ho, being each by me duly sworn, did say that they are respectively the and 4- of he CITY OF EDINA, the corpor ion n med i the foregoing instrument and that said instrument was signed in behalf of said corporation and that -3- � r an acknowledged said instrumen to be the free act and deed of said corporation. This Instrument was Drafted By: MAUN, GREEN, HAYES, SIMON, JOHANNESON AND BREHL 3500 West 80th Street Minneapolis, Minnesota 55431 L« LORRAINE 0. MACZIEWSKI !r �' NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY ••'' My Commission Expires Jan. 15. 1988 THIS DOCUMENT IS EXEMPT FROM DEED TAX -4- i W1STE,,.D VOL "� PAfaE 3� (z o Qy OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON JAN. 3 - 1985 �d a� REGISTRAR OF I 13Y DFPUtr i EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this ' r day of 1984, by and between The Northland Company, a Minnesota corporation, hereinafter called "Grantor ", and the City of Edina, a municipal corporation under the laws of the State of Minnesota, hereinafter called "Grantee "; WITNESS: Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, convey, and warrant to Grantee an easement in perpetuity for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing, and reconstructing a storm sewer system in, under, and over the following described property situated in the County of Hennepin and State of Minnesota, to -wit: That part of the East 10 feet of Tract I, REGISTERED LAND SURVEY NO. 1050 lying north of the south 15 feet thereof, Grantee covenants and agrees to indemnify, defend and hold TRANSFER ENTIRED DEPARTIMENT OF .PROPERTY fAU JJNO Nov; 27 k N CGL)NTY MI N. !fir DE=F , harmless Grantor and Grantor's tenants, successors and assigns from and against all claims, costs, expenses and liability (including reasonable attorneys' fees and costs of suit incurred in connection with all claims) including any action or proceeding arising from or as a result of the death of, or any accident, injury, loss or damage whatsoever caused to any person or entity, or to the property of any person or entity, which shall occur by reason of the construction contemplated by this Easement Agreement or as a result of the maintenance of such easement. Grantee shall, in the construction or maintenance of any utilities, replace any shrubs, sod, trees or other improvements existing on the easement area as of the date hereof and which have been removed in connection with such construction or maintenance work, in as nearly as possible the same condition as before. IN TESTIMONY THEREOF, the parties hereto have caused this Easement Agreement to be executed the day and year first above written. THE NORTHLAND COMPANY B 4 � Its B Its �. THE CITY OF EDINA By By -2- Its L J �-''. STATE OF MINNESOTA P ) ss. COUNTY OF On this�� day of QCQ,� �/� 1984, before me, a Notary Public, within and for known, who, being each respectively the of THE NORTHLAND COMPA said County, personally appeared _and A t 1,10,0e WoMAz to me personally by me duly sworn, did say that they are 11'eS, and 9Y, the corporation named in the foregoing instrument and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of and /�OiY% P ,W0 Afle acknowledged said instrument to be the free act and deed of said corporation. N Notary Public Nom. INA RAE BIERY NOTARY PUBLIC - MINNESOTA ' RAMSEY COUNTY STATE OF MINNESOTA ) MY COMM. EXPIRES SEP. 17, 1990 s s . �' ■ COUNTY OF HENNEPIN ) On thidl.,L day of , 1984, before me, a Notary Public, within and for said County, perso appeared and to me personally known, who, being each by me duly swLn, did say that they are respectively the and of th CITY OF EDINA, the corpo dt i on a in the foregoing instrument and that said instrument was signed in behalf of said corporation and that -3- 0 k and acknowledged said instrum nt to be the free act and deed of said corporation. blic LORRAINE 0. MACZIEWSKI NOTARY PUBLIC • MINNESOTA This Instrument was ` HENNEPIN COUNTY Y= Drafted B •'' My Commission Expires Jan 15, 19IN MAUN, GREEN, HAYES, SIMON, JOHANNESON AND BREHL 3500 West 80th Street Minneapolis, Minnesota 55431 THIS DOCUMENT IS EXEMPT FROM DEED TAX -4-