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HomeMy WebLinkAbout389JAMES E. DORSEY JOSEPH H. COLMAN DAVID E.BRONSON KENNETH M.OWEN LELAND W. SCOTT LEAVITT R.SARKER HUGH H.BARBER CHARLES F. NOONAN DONALD WEST HARRY A.BLACKMUN WALDO F. MARQUART JOHN W.WINDHORST HENRY E. HALLADAY J ULE M.HANNAFORD ARTHUR B. WHITNEY EDWIN F. RINGER RUSSELL W. LINDOUIST JACK E.HANTHORN DAVID R.BRINK HORACE E. HITCH VIRGIL H..HILL DORSEY, COLMAN, BARKER, SCOTT & BARBER d . ATTORNEYS AT LAW Village of Edina 4801 West 50th Street Minneapolis, Minnesota Gentlemen: June 14, 1950 FIRST NATIONAL-SOO LINE BUILDING MINNEAPOLIS 2, MINNESOTA TELEPHONE MAIN 3351 We enclose herewith agreement between Robert W. Lannan and Eleanor Lannan and the Village dated June 33, 1950• This agreement has been signed in duplicate by Mr. and Mrs. Lannan and should be submitted to the council for approval and execu- tion by the Mayor and Clerk. I believe that Mr. Olsson is familiar with the problem involved in this agreement. In ad- dition to this agreement it will be necessary tb obtain an easement from Mr. and Mrs. Lannan for the storm sewer in its present location. I will prepare this easement as soon as Mr. Olsson furnishes me with the appropriate legate. `description. Very truly yours, JWW: GT L!/ Enclosure AGENEMM THIS AGRga= ode and entered into this J'—day of J2erLein- 19509 by and between -Robert Ii. Lann&n and Bleanor Lamnang his wif 9 1hi after called the "First Party", a the Village Of tdina, a municipal cor- poration, hereinafter called the . "Second FartYT', WTTNESSwIRT . t,� in fee simple Of land the First Party jq the ovr-er i JOC,a4-ed il-I thL6 Village of Edina, County of Hennepin; state of Minnesota" more particularly descrfbed as followsP to-wit.- Lot Eight (8) Wooddale Section, and t party is about to construct certain buildings VHEW-As., the Firs upon said property, and the Second party has . constructed its storm Bawer through and over a portion of the land owned by the First Fartyy THRIU 'ORE 2 IT is MUTUALLY AS FOLLOWS: 1. That the First Party hereby gives and grants to the Second party., its successors and assigns, the right to operate a storm sewer in more par- its present location through and over the First,?arty's premises, tio,alarly described as Lot Night (8), Wooddale Section subject to the limi- tation. hereinafter contained. 2. That the First Party hereby wai'v'es and absolves the Second Party from . any liability for having heretofore laid,, maintainedp and operated n eBent, location through and over the First Party's its storm sewer i its Pr premises as hereinabovo described. 3. Trhat the second Party hereby agrees to save harmless the First Party from liability for any damge which may Occur to said storm sewer during, or by reason of, the construction of buildings upon the First party's piremises. That the Second Party agrees that it will be liable to the 4. ow located or to be constructed First Party for any damage to the buildings n on the First Party's premises which shall occur by reason Of the m-intena=6 and operatIOn of the storm sewer in its present location- -I- 5. That the Second Party agrees that if any stoppage shall occur in the storm sewer which will necessitate replacement of pipes or equipment now located upon and in the First -Partyls premises., the Second Party will then relocate its storm sewer and lay its pipes through and over that portion of the First Party's premises-which prior to the date of this agreement the Second Party already had the right to lay, maintain., operate and repair the necessary pipes and equipment for the maintenance of a storm sewer. IN TESTIMONY VdMRE0F,, the parties hereto have hereunto set their hands and seals this day and year as Signed, sealed and delivered in the-presence of: STATE OF MINNESOTA COUNTY OF HENNEPIN And "First Party" MINA 41Second Partyff On this of 1950, before me., a notary public within and for said eounty3?ersonally, appeared ROBERT W. LA.NNAN and EIZUJOR LANNAN., to me known to be the persons described in and who executed the fore- going instrument., and acknowledged that they executed the same as their free act and deed. JA jfgoN (Notarial Seal) County, Mjhft,1 Ex rcz, Feb. ;0; 1,455, 012: STATE OF MINNESOTA ) ) sr.. COUNTY OF HENNEPIN ) On this day of , 1950, before me, a notary public within and for said county, personally appeared RUBEN ERiCKSON and BOWER ,HAWTHORX3, to me personally known, who, being each by rye duly sworn, each did say that they are respectively the Mayor and the vlerk of the village of Edina, and that said Ruben Erickson and Bower Hawthorne acknowledged said instrument to be the free act and deed of said Village of Edina. (Notarial Seal) AGREEMENT THiS AGREEMENT, made and entered into this 1-34—day of , 1950, by and between Robert W. Lannan and Eleanor Lannan, his wif , herein- after called the "First Party ", and the Village of Edina, a municipal cor- poration, hereinafter called the "Second Party ", WITNESSETH: WHEREAS, the First Party is the owner in fee simple of land located in the Village of Edina, County of Hennepin, State of Minnesota, more particularly described as follows, to -wit: Lot Eight (8) Wooddale Section, and WHEREAS, the First Party is about to construct certain buildings upon said property, and WHEIMAS, the Second Party has constructed its storm sewer through and over a portion of the land owned by the First Party, NOW, THEREFORE, IT IS MUTUALLY AGREED, AS FOLLOWS: 1. That the First Party hereby gives and grants to the Second Party, its successors and assigns, the right to operate a storm sewer in its present location through and over the First Party's premises, more par- ticularly described as Lot Eight (8), Wooddale Section subject to the limi- tation hereinafter contained. 2. That the First Party hereby waives and absolves the Second Party from any liability for having heretofore laid, maintained, and operated its storm sewer in its present location through and over the First Party's premises as hereinabove described. 3. That the Second Party hereby agrees to save harmless the First Party from liability for any damage which may occur to said storm sewer during, or by reason of, the construction of buildings upon the First Party's premises. 4. 'That the Second Party agrees that it will be liable to the First Party for any damage to the buildings now located or to be constructed on the First Party's premises which shall occur by reason of the maintenance and operation of the storm sewer in its present location. J y o5'*' 1 5. That the Second Party agrees that if any stoppage shall occur in the storm sewer which will necessitate replacement of pipes or equipment now located upon and in the First Party's premises,, the Second Party will then relocate its storm sewer and lay its pipes through and over that portion of the First Party's premises which prior to the date of this agreement the Second Party already had the right to lay, mdintain, operate and repair the necessary pipes and equipment for the maintenance of a storm sewer. IN TESTIMONY WHEREOF, the parties hereto have hereunto set their hands and seals this day and year as hereinabove recited. Signed, sealed and delivered in the presence of: �i STATE OF MINNESOTA "First Party" "Second Party" ) sso COUNTY OF HENNEPIN ,,) On this y 22 day of , 1950, before me, a notary public within and for said county, ersonally appeared ROBERT IV. LANNAN and ELEANOR UNMAN, to me known to be the persons described in and who executed the fore- going instrument, and acknowledged that they executed the same as their free act and deed. `mil' e. �� � � � . - BSON (Notarial Seal) yr ,z`— Pulaiic„ Hzn-ne. in Coviity Minn. Hy• ¢uvnn,rss cn Ex�iras Eeh. 10, 1955. STATE OF TAIIMI SOTA ) ) ss. COUNTY OF HENNEPIN ) On this JA.4a0day of , 1950, before me, a notary public within and for said county, personally appeared RUBEN ERICKS014 and BOWER HAWTHORNE,to me personally knoven, who, being each by me duly sworn, each did say that they are respectively the Mayor and the Clerk of the Village of Edina, and that said Ruben Erickson and Bower Hawthorne acknowledged said instrument to be the free act and deed of said Village of Edina. (Notarial Seal)