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Home My WebLink About391JAMES E. DORSEY JOSEPH H.COLMAN DORSEY, COLMAN, BARKER, SCOTT a BARBER DAVID E.BRONSON KENNETH M.OWEN LELAND W, SCOTT ATTORNEYS AT LAW LEAVITT R. BARKER HUGH H. BARBER DONALD WEST WALDO F.MAROUART November 16, 1955 JOHN W. WINDHORST FIRST NATIONAL -SOO LINE BUILDING HENRY HALLADAY MINNEAPOLIS 2,MINNESOTA JULE M. HANNAFORD ARTHUR B. WHITNEY TELEPHONE MAIN 3351 JOHN G. DORSEY RUSSELL W. LINDOUIST DAVID R.EIRINK HORACE E. HITCH VIRGIL H. HILL ROBERT V. TARBOX DEFOREST SPENCER ROBERT J. JOHNSON MAYNARD B.HASSELOUIST PETER DORSEY GEORGE P. FLANNERY CURTIS L.ROY ARTHUR E.WEISBERG GREGG S.ORWOLL Mr. Joseph Zikan Village of Edina 4801 West 50th Street Minneapolis 10, Minnesota Dear Joe: T enclose herewith a copy of the Gavin easement which you enclosed with your letter of November 14th. The original of this easement was recorded in the office of the Register of Deeds iiovember 15, 1955, and filed as Document Tao. 2977984. Yo s very t 1 � VFUI: jat Enclosure °R 2068 ar,6s 21 EASEMENT THIS INSTRUMENT , Ma de this Id day of .November, 19,55 , by and between Robert M. Gavin and Helen Gavin, husband and wife, of the Count; of Hennepin, State of Minnesota, the owners in fee of the following described tract or parcel of land lying and being in the County of Hennepin, State of Minnesota, to -wit: That part of the Northwest Quarter (NV94) of the Northwest Quarter (Nti "?g) of Section Thirty -one (31) Township Twenty -eight (28), Range Twenty -four (24), described as follows: Commencing at the point of intersection of the Easterly right -of -way line of Trunk Highway 100 and the North line of said'Section Thirty -one (31); thence East along the North line of said section to a point 492.8 feet East of the Northwest corner of said Section; thence South 217.8 feet to a point 400 feet tfflest of the West line of the East 40 acre=s of the Nest 4 of the Northwest 4 of said., Section 31; thence Nast parallel with the North line of said Section 400 feet to the said est line of the Fast 40 acres of the West - of the Northwest Quarter of said Section 31; thence South along the last described line 159.2 feet; thence !,�'est parallel with the North line of said Section 31 to the Easterly line of State H�iway 100 right -of -way; xtx x";k x xla ; thence northerly along said�.:right -of- way line to the point of beginning. Parties of the First Part, and the Village of Edina, a municipal car- poration of the said County of Hennepin, State of Minnesota, Party of the Second Part, tJITNESSETH, hat in consideration of the covenant and agreement by said Party of the Second Part that no charge or assessment shall now or hereafter be made or levied against the foregoing described premises for the installation or maintenance of any of the improve- ments, to -wit, 'Alatermains and Public Utilities, either in or over that portion of said premises hereinafter described or in or over the prem- ises adjoining on the south said premises hereinbefore described, un- less and until services from said Public Utilities are petitioned for by the owners of said premises, which covenant and agreement is ac- knowledged by said Second Party by its acceptance of this instrument, Parties of the First Part do hereby Grant, Bargain, Sell and Convey unto said Party of the Second Part an Easement for the purposes here- inafter set forth, in and over the following described portion of the abo-re described premises, to -wit: A strip of land Fifteen (15) feet in width _ jacent to the Last right -of -way line and East parallel extended of State Highway No. 100 lying within the North 377 feet of the Northwest Quarter (014) of the Northwest Quarter (Nv'.'4) of Section 31, Township 28, Range 24, Hennepin County, Minnesota._ "206& PAGE �2 This Easement for «ratermain and Public Utilities only. It is the intention and agreement of the Parties hereto that the Party of the Second Part shall in the construction and maintenance of said utilities ,replace the surface after any excav- ation in connection with such construction and maintenance wore 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. IN IFIITNESS VVBERFOF, The said Parties of the First Part have hereunto subscribed their names the day and year first above written. In Presence of: L,4�7 STATE OF MINNESOTA) )SS COUNTY OF hENItEPIN) On, this [3& day f �r��Mg�R u y , 19550 before me, a Notary Public within and for said County, personally appeared Robert M. Gavin and Helen Gavin, husband and wife, to me known to be the per- sons described in and who executed the foregoing instrument, and a knoW,l..edged that they executed the same as their free act and deed. ry i �,b $ 9'v y„� � •9w�' 9 S, a. i Piled for record on the 15 day of Nov k. D. 1955 at 3 :10 of clock P. Ede P14,65 qIq f ISEME, Y2 THIS 1NSTRHdIE1 ' Made this Alk. day of Novembers, 1955, by and between Robert M. Gavin and Helen Gavin, husband and wifee, of the County of Hennepin, State of Minnesota, the owners in fee of the following described tract or parcel of land lying and being in the County of Hennepin* State of Minnesota, to -wit: That part of the Northwest Quarter (N�d`,) of the Northwest Quartet of Section Thirty -one (31) Township Twenty -eight (28), Range Twenty -four (24 ), described as follows $ Commencing at the point of intersection of the Easterly right-of-way line of Trunk Highway 100 and the North line of said Section Thirty -one (31); thence East along the North Line of said section to a point 492,8 feet 'past of the Northwest corner of said Section; thence South 217.8 feet to a point 400 feet West of the Ifeest line of the East 44 acres of the West J of the Northwest of said Section 31; thence Fast parallel with the North line of said Section 400 feet to the said at line of the East 40 acres of the West 'J of the Northwest Quarter of said Section 31; thence South along the last described ,line 159.2 feet; thence Feet parallel with the North line of said Section. 31 to the lasterly line of Mete H#Iway 100 right -of -way . x,T=L=tXMtX �, thence northerly along said right -of way line to the rint of eginning. Parties of the First :Part, and the Village of Edina,, a municipal c&r -. porati.on of the said Counter of Hennepin, Mate of Minnesota, Party of the, Second Parts WIT SSETH, That in consideration of the covenant and agreement by said .Party of the Second Fart that no charge or assessment shall now or heereafteer be made or levied against the foregoing described promises for the ii.nstaliatio or maintenance of any of the improve- ments, to -wit Wateermai.ns and Public Htiliti.tes, either in or over that portion of said premises here'inafteee described or in or over the prem- ises adjoining on the south said premises hereeinbeeitre destri.bed, un- less and until, services from said Public Utilities are petitioned, for by the owners of said premises, which covenant and agreement is ao- knowledged by said Second Party by its acceptance of this instrument, Parties of the First Fart do hereby Grant„ Bargain, Sell and Convey unto said Party of the Second Fart an Easement for the purposes heree- inafter set forth, in and over the following described portion of the abolvea described promisees $ tee -wit A strip of Land Fifteen (15) feet in width,, pareallel with and ad- Jace'nt to the East right -of -way line and East right-of-way line extended of State Highway No. 10e1 lying within they North 377 feet of the Northwest Quarter ( NNE) of the Northwest Quarter (Wt) of Section 31., Township 28, Range 24, Hennepin County, Minnesota* This Vasomea for V'4tervain and Public, 'Utilittes only* It is the Intention and agreemont of the Parties heroto that the Party of the Second Part *hall in the construction and maintenance of said utilities replade the surface after any axoov- ation in aomeation with such oonstruotion and maintorwras work In as nearly as possible the some oondition an before such extavationp and it is a conditi*n of this Eassmut that sold restoration of the surfsoo aball be done within a rwonable time after any ozeavating, `VfW.RVOFv The said Parties of the First Part he hereunto subscribed their names the day and year first above written. MATF, OF MIM COUW4 Y PIN') On this /a,& day of 1955p before mes a Notary *ft"moos* Public within and for said Countyo personally spTeared Robert X& Gavin ard Helen Gavin# husband and wife# to me known to be the per- sons describ*4 in and who exeouted the foregoing instrment# and aoknowlodsod that they OX00uted the same as their free got and desd*