HomeMy WebLinkAbout379EAS.IIMT FOR UTILITIES
THIS INSTRUMENT, Made this _day of %er19 ��` by and
between (7-
/a.in G.ola C�+-1i dry � 4
of the County of Hemejp&n and State of �9
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,q That the said parties of the first party in
consideration of One and no /'100 (1000) Dollars, to them in hand paid
by the said party of the second part} t-ic 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:
All that portion of Lot 8, Warden Acres, which is within the
following described tract of land:
The centerline of the twenty foot wide utility easement begins
nt a noi.nt on the East line and 92 feet South of the N.E. corner
of Lot 10, Warden Acres; thence West at 900 to said East line of
said Lot 10, a distance of 180 feet more or less; thence N.W. at
a deflection angle of 620 -161 right, a distance of 083.45 feet;
thence Northwesterly at a deflection angle of 57°,-001 left., a
distance of 271.90 feet; thence Northwesterly at a deflection
angle of 540 -361 right, a distance of 457.71 feet; thence North-
easterly at a deflection angle of 790-131 right, a distance of
136.28 feet.
K ?_041 X179
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,
The duration of this easement shall be perpetual,
The parties of the first part hereby covenant and warrant
that they have good title to said real estate and that they will warrant
and defend the said easement and the enjoyment in use thereof to the party
of the second part; and the parties of the first part make that warranty
for themselves, their heirs and assigns forever,
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IN 14ITNESS VNEREOF, 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 OF +K+AWA9TA
)ss
COUNTY OF HENNEPIN )
On this 14 4�1 day of �G �'� ter- A.D. lgzEJ, before
me, a /_ �7 ," — within and for said County, personally
appeared *C- L Eel/ 7-r
to me known to be the person described in and who
executed the foregoing instrument, and acknowledged that executed
the same as te'r free act and deed.
My Commission Expires May 29, 1957
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Filed for record on the 29 day of Apr A.D. 1955 at 2 o'clock PoM*
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IN PROCEEDEIGS SUBSEQURIT TO I14ITIAL REGISTRATION Or LAND
X
A -11147
STATE OF M114N ESOTA DISTRICT COURT
COUITY OF HR0JEPIN
In the Matter of the Petition of
Roycar, Inc., a Minnesota
corporation,
For an Order Directing the Registrar
of `titles to enter a certain memorial.
TOt TIE VILLAGE OF FDL'IA, A MUNICIPAL CORPORATICA3.
FOURTH JUDICIAL DISTRICT
ODDER
To Show Cause
YOU ARE HEREBY ORDER?,D, and required to appear before the above entitled
Court at the Court House in the City of Minneapolis, on Tuesday, the 22nd
day of December , 1959, at 2 :00 P.M., or as soon thereafter as
Counsel can be heard, to SHOW CAUSE, if any you have, why this Court should
not enter an order directing the Registrar of Titles to show by memorial upon
certificates of title numbers 302429, 302430, 302431 302134, 302435, 302436$
307280 and 308106 that the recital therein relating to deed recorded in
book 2041 of deeds, page 178 does not affect the lands described in said
certificates, and that in arty future certificates, the said Registrar of Titles
shall omit said recital and the memorial of the order to be entered herein
by the Court, with the petition of the petitioner herein filed in said matter.
That a copy of this Order be served upon said Village of Edina at
least five days before the date of hearingin the same manner as a
summons in a civil action.
BY THE COURT:
ROLF FOSSEEN
Dated: December 11tb i, 1959
IN PROCEEDINGS SUBSEQUENT TO MITIAL REGISTRATION OF LAND
A-11147
STATE OF MINNESOTA
COUNTY OF, H1E*TEPIN
In the Matter of the Petition of
Roycar,, Inc.., a Minnesota
corporation,
For an Order PArecting the Registrar
of Titles to enter a certain memorial.
STATE OF MMIESOTA
SS,
COUNTY OF HEMEPIN
DISTRICT COURT
FOURTH XUDICIAL DISTRICT
AFFIDAVIT
Samuel D. Finkelstein being duly sworn upon oath deposes and
states that he is the Attorney for the petitioner in the foregoing action.
Affiant further states that the Examiner of Titles for Hennepin County,,
Minnesota$ has filed his report herein., in the matter of the petition as of
the 7th day of December, 1,059, and that the Examiner in his report requires that
an Order to Show Cause be served upo4 the Village of Edina to.STIOW CAUSE, if
any it had., why this court should not enter an order directing the Registrar
of Titles to show by memorial upon certificates of title numbers 302429.,
1 302430, 302431s 302434, 302435, 302436., 307280 and 308106, that the recital
relating to a deed recorded in book 2041 of deeds, page 178 does not affect
the lands described in said certificates and requiring that in any future
certificates., the Registrar of Titles omit said recital and the memorial
of the order to be entered herein.
Affiant further states thqt the recital referred to reads substantially
as follows: "Subject to the utility easement over part of Lot 8.. "'Warden Acres..
Hennepin County,, MinW. set forth in the instrument recorded in Book 2041 of
Deeds,, page 178, now affecting above lot in Hawk's Lake Addition., Hennepin
Coun ty., Minnesota".
Affiant further states that as appears in the proceedings in
said matter ) said provision and recital is not applicable to the lots
covered by said certificates and, these proceedings are for the purpose of
removing said recital.
PURTMER :A,FFIAN:T SAY:ETH NOT,
Sam D. Finkelstein
Subscribed and sworn to before rye
this 10th day of December# 1959
Virgi iia P2. Fitzpatrick tai:7 ublic
Ie6repin Countys Minnesota
Y,y commission expires Aug. l,, 1964