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Home My WebLink About338EASEIUT FOR UTILITIES THIS INSTRUMENT., Yade this day af, _,�19__,_s by and Jahn B. Dorothy No between Holleran and Halloran , husband„, and � „f,� ,� of the County of Hennepin and State of Mtnnesot% parties of the first part and the Village of Bdina.9 a municipal corporation of the County of Hennepin and State of Minnesota# party of the second part; WITNESSETH,r That the said parties of the first part' in consideration of One and no/f100 (11,00) Dollars, to them in hand paid by the said party of the second parts the receipt whereof is hereby acknowledged$ do Grant Bargain.9 Sell and Convey 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 Village of Edina.9 County of Hennepin and State of Minnesota) to wit: Parcel 3200 - Section 320 Township 7.17.9 Range 21 Conmencing at the Northeast corner of putlot A; thence South 50 feet; thence Raft 150 feet; thence South 2568 feet to the Northwesterly line of Uo S. Highway Na. 169 and 212; theme Northeasterly along said Highway right -of-my to the North line of the Southeast Quarter of the Northwest Qaarter; theme 'Best to the point of beginning. The centerline of a 20 foot wide utility easment through the above described property which enters the above described property at a point on the !Werth line of the SE4 of the HN4 of said section a distance of 390.1 feet West of the Northeast corner thereof; thence in a Southeasterly direction to a point on the North right -of-way line of State Highway No. 169 and 212 said point being 339 feet Southwest of the NE corner of said SE4 of the NW41 of Section 32.9 Township 117.9 Range 21. This Easement fear+ sanitary sewer purposes only. It is the intention and agreement of the Parties hereto that the party of the second part shall in the constructions or maintenance of said utilitiesp replace the surface after any excavation in connection with such construction or maintenance workP in as nearly as possible the same condition as before such excavation, and it is a condition of this easement that said restoration of the surface shall be done within a .\ reasonable time after any excavating and in all events shall be completed within sixty days after such excavation work is begun. The duration of this easement shall be perpetual.. IN WITNESS 'MERBOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: STATE OR YJNNESOTA ) )as COUNTY OF HENNEPIN ) On this _^_T___—day of � _ A.D. 19�, before me, a within and for said County, personally appeared and and , 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. F A% JAMES E. DORSEY JOSEPH H. COLMAN DAVID E. BRONSON KENNET H M .OWE N LELAND W. SCOTT LEAVITT R. BARKER HUGH H. BARBER DONALD WEST WALDO F. MAROUART JOHN W. WINDHORST HENRY HALLADAY JULE M. HANNAFORD ARTHUR B.WHITNEY JOHN G. DORSEY RUSSELL W. LINDOUIST DAVID R. B R I N K H O R A C E E. H I T C H VIRGIL H. HILL ROBERT V. TARBOX DEFOREST SPENCER ROBERT J. J O H N S O N MAYNARD B.HA5SELOUIST PETER DORSEY GEORGE P. FLANNERY CURTIS L.ROY ARTHUR E.WEISBERG GREGG S.ORWOLL DORSEY, COLMAN, BARKER, SCOTT Sr. BARBER Village of Edina Village Hall 4801 W. 50th Street Edinas Minnesota Gentlemen: ATTORNEYS AT LAW June 3, 1955 Attention: Mr. Joe Man Re: Sanitary Sewer No, 69 Halloran Land FIRST NATIONAL -SOO LINE BUILDING MINNEAPOLIS 2, MINNESOTA TELEPHONE MAIN 3351 Enclosed herewith are the following: executed original and copy of Easement for Utilities and executed original and copy of Agreement. The Agreement is to be signed on behalf of the Village by its Mayor and Manager in the presence of two witnesses. It need not be adopted or ratified by the Council. Upon execution of the Agreements will you return one executed copy to Mr. Halloran at his office, 511 Minnesota Federal Building, Minneapolis 2? Very truly yours DORSEY., COLMAN, BARKER., SCOTT & BARBER 0 AEW:mgr COPY THIS AGREEMENT entered into this 2nd day of June 1955, by and between VILLAGE OF EDINA, a municipal corporation of the County of Hennepin, State of Minnesota, party of the first part, and JOHN B. HALIORAN and DOROTHY M. HALLORAN, husband and wife, parties of the second part, WHEREAS, second parties are the owners of certain real pro- perty located within the corporate limits of the Village of Edina, more particularly described as: That portion of the SEW' of the NW-14 of Section 32, Township 117, Range 21, lying Northwesterly of State Highway No. 169 and 212 and lying Southwesterly of the North Jane of the SE4 of the NW-,' of said Section and Easterly of a line drawn parallel to and 150.0 feet Easterly of measured at right angles to the East line of outlot A of Highwood Addition to Edina High - lands, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota; and, WHEREAS, first party is in the process'of laying a sanitary trunk sewer, more particularly described as: Sanitary Trunk Sewer No. 69; and, WHEREAS, the said Sanitary Trunk Sewer No. 69 has been so planned that it will pass through and under the land owned by second parties; and, WHEREAS, first party desires to obtain an easement on said lard for the purpose of laying said sewer; and, WHEREAS, second parties are willing to grant to first party a twenty (20) foot wide utility easement over and across their said land solely for the purpose of construction and maintenance of a sanitary sewer; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL PROMISES AND AGREEMENTS HEREINAFTER MADE BETWEEN THE PARTIES, IT IS AGREED AS FOLLOWS: 1. That the parties of the second part herein agree for them- selves, their heirs, executors, administrators and assigns that co- exten- sive with the signing of this agreement, that they shall execute and deliver to first party an instrument of conveyance granting and conveying unto first party a utility easement twenty (20) feet wide in, over and across; its aforesaid described land for the purpose of construction and mainten- ance of a sanitary sewer by first party. COPY 2. That in consideration of the second parties executing and delivering to first party an instrument of conveyance of the utility easement referred to in paragraph number l hereof, the first party, for itself, its successors and assigns, agrees with second parties, their heirs, executors, administrators and assigns that no special assessments shall be payable hereafter by second parties, their heirs, executors, administrators or assigns, fain sanitary, trunk or lateral sewers on that portion of the above described land of second parties lying east of the west three hundred thirty (330) feet of said land, as measured along the north line thereof, and that all special assessments for said purposes over said land shall hereafter be apportioned and assessed only upon or for the westerly three hundred thirty (330) feet bf said land measured along the north line thereof. IN WITNESS W1EREOF, We have hereunto set our hands and seals the day and year first above written. In the Presence Oft S-/ Ruth B. Hermanson Sf Joseph 2ikan As to the Mayor and Manager of the Village of Edina. (SSii 2d) Stanley B. Rosenfield (Signed) Darleen R. Aadland Hs o John B. Halloran and Dorothy K. Halloran. VILLAGE OF EDINA -2- By S1 Reuben F. Erickson_ Its Mayor S/ Warren C. Hyde Its Manager Party of the First Part. 1 John B. Halloran John B. Halloran S'/ Dorothy M. Halloran - Dorothy M. Halloran Parties of the Second Part. COPY STATE OF MINNESOTA ) :SS COUNTY OF HENNEPIN ) On this __fin ,_day of Jug , 1955, before me personally appeared Reuben Erickson and Warren C. Hyde , to me known to be the Mayor and Manager, respectively, of the Village of Edina, who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed as such Mayor and Manager of the Village of Edina. S/ Gretchen S. Alden STATE OF MINNESOTA ) :SS COUNTY OF HENNEPIN ) On this 2nd day of Jun° , 1955, before me personally appeared John B. Halloran and Dorothy N. Halloran, husband and wife, who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. (Signed) Harry E. Boyle -3- COPY EASEMENT FOR UTILITIES THIS INSTRUMENT, Made this 2nd day of June 1955, by and John B. Dorothy M. between Halloran and Halloran , husband and wife , of the County of Hennepin and State of Minnesota, parties of the first part, and the Village of Edina, a municipal corporation of the County of Hennepin and State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in consideration of One and no /100 (1.00) Dollars, to them in hand paid by the said party of the seed part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell and Convey 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 Village of Edina, County of Hennepin and State of Minnesota, to wit: Parcel 3200 - Section 32, Township 117, Range 21 Commencing at the Northeast corner of Outlot A; thence South 50 feet; thence East 150 feet; thence South 2511.8 feet to the Northwesterly line of U. S. Highway No. 169 and 212; thence Northeasterly along said Highway right -Of -way to the North line of the Southeast Quarter of the Northwest Quarter; thence West to the point of beginning. The centerline of a 20 foot wide utility easement through the above described property which enters the above described property at a point on the North line of the SE4 of the NW4 of said section a distance of 390.1 feet West of the Northeast corner thereof; thence in a Southeasterly direction to a point on the North right- of-way line of State Highway No. 169 and 212 said point being 339 feet Southwest of the NE corner of said SE, of the NW-4- of Section 32, Township 117, Range 21. This Easement for sanitary sewer purposes only. 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 utilities, replace the surface after any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation, and it is a condition of this easement that said restoration of the surface shall be done within a reasonable time after any excavating and in all events shall be completed within sixty days after such excavation work is begun. The duration of this easement shall be perpetual. COPY IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. (Signed) John B. Halloran (Signed) Dorothy M. Halloran In Presence of: (Signed) Harry E. Boyle (Signed) Darleen R. Aadland STATE OF MINNESOTA ) )Be. COUNTY OF HENNEPIN ) On this 2nd day of June A. D. 1955, before me, a Notary Public within and for said County, personally appeared John B. Halloran and Dorothy M. Halloran , 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. -(Sinned) Harry E. Bo3dle