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HomeMy WebLinkAbout2528TEMPORARY WALKWAY CONSTRUCTION EASEMENT THIS INSTRUMENT, made this day of G r -f� , 1999, by and between Good Samaritan Methodist Church 5730 Grove Street, Edina, MN 55436, of the County of Hennepin and State of Minnesota, parties of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, that the said parties of the first part, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do grant, bargain, sell, convey and warrant to said party of the second part an easement for the purposes hereinafter set forth, in and over the following described property situated in the City of Edina, County of Hennepin and State of Minnesota, to wit: A temporary construction easement over and across the south 10.00 feet of the west 135.00 feet of Lot 11, "Warden Acres Hennepin County Minnesota', according to the recorded plat thereof, Hennepin County, Minnesota, as shown on attached Exhibit A. Temporary Construction Easement shall expire M 02_ .-31, _ It is the intention and agreement of the parties hereto that the party of the second part shall in the construction, or maintenance of said sidewalk, replace any sod removed and protect all trees by any placement of fill in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands the day and year first above written. STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) On this day of A--t C,(S , 1999, before me a Notary Public within and for said County personally appeared: for Good Samaritan Methodist Church 5730 Grove Street, Edina, MN 55436; to me known to be the persons described in and who executed the foregoing instrument and acknowledge that they executed the same as their free act and deed. (Notarial Seal) DEBRA A. MANGEN NOTARY PUBIC- MINNESOTA MY COMMISSION EXPIRES ,. "Exempt From State Deed Tax" This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 c C) S' CONC. WALK a 'ROW SIDEWALK IAPLE TREE TALL LANNON 1NE WALL INSTALL PEDESTRIAN RAMP WYCLIFFE RD, 1, V I o._._._. t 10' TEMPORARY EPLACE° EASEMENT 3 MARKED —FILL AREA GRADE TO MATCH EXISTING (3:1 MAXIMUM ) GREENS AS { BY ENGINEER a a (STALL PEDESTRIAN AMP <Q TRANSFER ENTER �'; -,- NENKPIN COUNTY TAXPAYER 6ERVIG,�!? JAN Id 2000 WALKWAY EASEMENT THIS INSTRUMENT, made this day of , 19 _n, by and between Good Samaritan United Methodist Church, a corporation under the laws of the State of Minnesota, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No /100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said party of the second part an easement for the purposes hereinafter set forth, in and over the following described property situated in the City of Edina, County of Hennepin and State of Minnesota, to -wit: A permanent easement over and across the south 1.00 feet of the west 135.00 feet of Lot 11, "Warden Acres Hennepin County Minnesota'; according to the recorded plat thereof, Hennepin County, Minnesota. NOW THEREFORE, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives and contractors harmless from and indemnified against any loss, cost or damage or expense, including, without limitation, reasonable attorney's fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the negligence of Edina, its employees, officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. All of the provisions hereof shall run with the land and shall extend to and bind the successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be duly executed the day and year first above written. Good S maritan United Methodist Church Its: Trustee Chair STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this � day of 192 , by the Trustee Chair of Good Samaritan United Methodist Church, a Cor ation of the State of Minnesota on behalf of the corporation. Notary Public CANDICE L. FIEDLER -�' NOT PUBLIC - MINNESOTA This instrument was drafted b : HENNEPIN COUNTY y �°T My Commission Expires Jan. $1, gM City of Edina 4801 W. 50th Street Edina, MN 55424 7f 45617 VIY Go J F 4: 19 7,245647 J T Y GpP �� ter$