HomeMy WebLinkAbout2575CHESTNUT & BROOKS
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 900 MIDLAND BANK BUILDING
MINNEAPOLIS, MINNESOTA 55401
(612) 339 -7300
485 RICE STREET
SAINT PAUL, MINNESOTA 55103
(612) 291 -1900
February 9, 1982
Mr. Fran Hoffman
City of Edina
4801 West 50th Street
Edina, MN 55424
RE: Arnold Easement
Dear Mr. Hoffman;
JACK L. CHESTNUT
RICHARD C. JONES (1969)
WILLIAM F. BROOKS, JR.
THOMAS H. GRAHAM
JAMES H. RANUM
CRAIG A. ERICKSON
W. BRUCE QUACKENBUSH, JR.
KARL L. CAMBRONNE
KEVIN S. BURKE
THOMAS F. MILLER
DENNIS B. JOHNSON
WAYNE P. HARTMAN
CORT C. HOLTEN
MICHAEL T. OBERLE
OF COUNSEL
JOSEPH T. BURKARD
SANDRA L. NEREN
Enclosed please find one original copy of the agreement
between Michael Halley and Scott Arnold, and the easement
that was given by Scott Arnold to the City of Edina.
If you have any questions with respect to these documents,
please contact me.
DBJ /ka
Very truly yours,
CH TNUT & BRC
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AGREEMENT
WHEREAS, Michael Halley, as General Partner of Oak Ridge of Edina, a
partnership, hereinafter referred to as "Oak Ridge" is developing a tract of land
lying behind and adjacent to the property owned by Scott Arnold and Bonnie Arnold,
his wife; and
WHEREAS, in order to develop said tract of land, it is necessary to run a
sanitary sewer underneath the property owned by Scott Arnold and Bonnie Arnold, his
wife, said property being located at 5136 Danens Drive, Edina, Hennepin County,
Minnesota and legally described as:
Lot 22, Block 1, Brookview Heights 1st Addition; and;
WHEREAS, it is necessary that Scott Arnold and Bonnie Arnold grant an
Easement for Sanitary Sewer to the City of Edina, a municipal corporation organized
under the laws of the State of Minnesota (see Exhibit A attached hereto);
THEREFORE, IT IS AGREED:
1. That Scott Arnold and Bonnie Arnold, his wife, shall Grant, Bargain,
Sell, Convey and Warrant to the City of Edina an easement in perpetuity for sanitary
sewer purposes in and over the following described property situated in the County
of Hennepin and State of Minnesota, to -wit:
The Southeasterly six feet lying adjacent to and parallel
with the Southeasterly lot-line of Lot 22, Block 1,
Brookview Heights 1st Addition.
2. That in consideration for the Easement granted to the City of Edina,
Oak Ridge, shall pay to Scott Arnold and Bonnie Arnold, his wife, the sum of
$4,000.00 (FOUR THOUSAND AND NO /100 DOLLARS) plus interest at the rate of 12% per
annum from December 1, 1981.
3. That when Oak Ridge or the City of-ld.ina has the sanitary sewer system
installed, it will utilize the method whereby a tunnel is drilled underneath the
subject property as opposed to the open trench method.
4. That Oak Ridge will assume responsibility for a period of three years
from the date of the easement for any damage to sod, shrubs, and trees which results
from the construction of the sanitary sewer system.
Dated: ,
cptt Arno
!1
Bonnie Arnold
Michael A. Halley, General Part
of Oak Ridge of Edina, a Partn
EASEMENT FOR SANITARY SEWER
THIS INSTRUMENT, made this day of , 1982, by and betwee
Scott Arnold and Bonnie Arnold, his wife, 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 in perpetuity for sanitary sewer
purposes, including the right to enter for the purpose of constructing, maintaining,
altering, repairing and reconstructing a sanitary sewer system in and over the followi _c
described property situate in the County of Hennepin and State of Minnesota, to wit:
The Southeasterly six feet lying adjacent to and parallel with the
Southeasterly lot line of Lot 22, Block 1, Brookview Heights 1st
Addition.
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 sanitary sewer
replace any shrubs or sod removed by any excavation in connection with such construc-
:ion 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
--heir hands and seals the day and year first above written.
AND
:. - ..
STATE OF MINNESOTA)
) ss
" OUNTY OF HENNEPIN)
On this day of , 1982, before me, a Notary Public within and for
said County, personally appeare Scott Arnold and Bonnie Arnold, his wife, to me
known to be the persons described in and who executed the foregoing ins rument, and
acknowledged that they executed the same as their kee act and de 4.
l� D E N N i S 8- JC
i NOTARYpt3£3'�tc iAity " ?ESOTA 4"-J�
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1z,' -, HENNEPtN COUNTY Not is
(Notarial Seal My Comm Expires May 6, 1987
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THIS DOCUMENT IS EXCEPT FROM'STATE DEED TAX
This instrument was drafted by:
City of Edina
4801 West 50th Street
Edina, MN 55424
EXHIBIT A