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HomeMy WebLinkAbout429V, 3032910 EASEMENT FOR SANITARY S nTER OFkiCE ©} GIST, --R OF DEEDS STATE OF *1 jyv N C U'4T� 0 OF P IN certify I 4-sreby lifyEthat the Within inStrifrfienj WaS fileCl for record in this ofyio,, on ttra 5 " au '3 Of OCT,J.D. 1956 at A and was duly reoorded in bmh Of & 1.46 '� ,00 of. j. REGISTER OF DEWS DEPUTY REGISTER OF Di Eos C Dorsey, Owen, Barker, Scott & Barber 1300 First National-Soo Line Building MINNEAPOLIS 2, MINNESOTA WOOD EASEMENT FOR SANITARY SEWER - THIS INDENTURE, Made this 29th day of August , 1956, between IN`PERLACHEN COUNTRY CLUB, a corporation under the laws of the State of Minnesota, party of the first part, and the VILLAGE OF EDINA, a municipal corporation, of the County of Hennepin, State of Minnesota, party of the seond part. ' 141TNESSETH WHEREAS, The party of the first part is the owner of the real estate located in the County of Hennepin, State of Minnesota, described as follows, to— ,pit:. (1) lots One (1) and Two (2), Auditor's Subdivision No. 248. (2} The Easterly 240 feet of the South 330 feet of Block Twenty -three (23), Mendelssohn,`from the map or plat thereof on file and of record in the office of the Regis- ter of Deeds in and for Hennepin County, Minnesota; and WHEREAS, Party of the second part is desirous of obtaining from party of the first part an easement for; the inst�7;la�tion and maintenance of a sanitary sewer over the portion of th& premises o£`party of the first part, hereinafter described; and 14HEREAS, Party of the "first, part is agreeable to the granting of such an easement subject to the conditions,hereinafter set forth; and r a , party of the second part, at a regular meeting of its council held on September 24, 1956 , did approve the acceptance of such an easement subject to the conditions hereinafter set forth, N9J, THEREFORE, In consideration of the premises and the agreements herein contained, and the sum of $1 «00 and other good and valuable consideration paid by party of the second part to party of t'ne first part, the receipt and sufficiency of which are hereby acknowledged* ::he party of the first part does give, grant, bargain and sell to said party oa:' the second part twenty (20) foot easement for the purpose of constructing, installing, keeping and maintaining sanitary sewer line together with the right of ingress and egress therefrom and thereto, the center line of which said easement is defined as Follows; to -wit: Commencing at a point on the South line of Waterman Avenue that is 10 feet Easterly of the - VTesterly line of said Lot One (1); thence Southerly along the line parallel to the Westerly line of said Lot One (1) a distance of 293 feet to a point, 4F subject to !': following = =ms, covenants, conditions, restrictions and agreements, o 'vrit. (1) The party of the second part shall have the right and privi- lege of excavating, laying, repairing and maintaining said sanitary sewer to- gether Frith the right of access thereto, ingress thereto and egress therefrom, as an incident to said easement forever. (2) The party of the second part hereunder covenants and agrees. for itself, its successors and assigns, to exercise its right and privileges under this easement so as not to unreasonably interfere with the use of the party of the first part of the lands that are subject thereto, and that upon completion of the laying, repairing or maintaining of said sanitary sewer, of any part thereof, the party of the second part shall restore the surface and any tile or drain lines located thereon or thereunder of the lands of the party of the first part that are subject to this easement in so far as reasonably possible to the same condition as the same are found at the time of excavation, including seeding, sodding and restoring the surface thereof to grass. (3) The party of the second part does further covenant and agree to hold the party of the first part forever free and clear from all obligation or liability whatsoever to third parties in connection with the construction, repair, maintenance and replacement of said sanitary sewer by party of the second part and excavation therefor, and does further covenant and agree to indemnify the party of the ". .'sst part for any or all loss sustained_ thereby. (1,'P in consideration of the granting of this easement the party of the second . -part hereby agrees that no connection charge or assessment shall be made now or at any future date against property owned by party of the first part and described herein by reason of the cost of constructing Sanitary Sewer Improvement No.. 120; provided, however, that if party of the first part or any successor in title to the property owned by party of the first part and described herein, hereafter shall request the right to make a connection to said Sanitary Sewer Improvement No. 120, party of the second part reserves the right to imp,-.'se an appropriate assessment or connection charge for such privilege. DT WITNESS 14Hgt�`,(iF, the parties hereto have hereunto affixed their 2 .. hands the day and year first above written. In Presence of:, Ij STATE OF MINNESOTA ) ) Ss. COUNTY OF HENNEPIN ) INTERI,ACHEN COUNTRY CLUB And s age �3 y t a * t5� 7 � �1ib�``R 3Z Gf8Stac 3b jlr . k 1 i } On this C�?? day of , 1956, before me, a notary public within and for said County, peof sonally appeared MKC]kilCE A. HESSIAN and J. E. MANNING' to me personally known, who, being each by me duly sworn did say that they are respectively the President and Secretary of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed ,o��and. s'paled in behalf of said corporation by authority of its Board of Directors, d.,ohid,Maurice A. Hessian and J. E. Manning acknowledged said instrument to fit ": re'e act and deed of said corporation. 1OkARIAL SEAL} STATE OF MINNESOTA ) )° Ss. COUNTY OF MITNEPIN ) On this 1st day of October , 19563 before me, a notary public within and for said County and State, personally appeared REUBEN F . fiICKSON and GRETCHEN S. ALDEN , to me per- sonally knoim, who, being each by me duly sworn did say that 'hey are respectively the Mayor and Village Clerk of the municipal corporation named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its Common Council and said EUBEN F. F,RICI {SON and GRL'TCM' I S. ALDEN acknowledged said instru- ment to be the free act and deed of said municipal corporation. y <• N. Dalen, Notary Public in and for !Hennepin County, Minnesota. � f7 'AR3' Ste) MY Convnission Expires July 24, 1963 r: Filed for record on the 5 day of Oct A. D. 1956 at 3 :20 o'clock P. M. B Yt ` is resident <� And Its Secretary 4 t V a= A4� Party of the First Part. And s age �3 y t a * t5� 7 � �1ib�``R 3Z Gf8Stac 3b jlr . k 1 i } On this C�?? day of , 1956, before me, a notary public within and for said County, peof sonally appeared MKC]kilCE A. HESSIAN and J. E. MANNING' to me personally known, who, being each by me duly sworn did say that they are respectively the President and Secretary of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed ,o��and. s'paled in behalf of said corporation by authority of its Board of Directors, d.,ohid,Maurice A. Hessian and J. E. Manning acknowledged said instrument to fit ": re'e act and deed of said corporation. 1OkARIAL SEAL} STATE OF MINNESOTA ) )° Ss. COUNTY OF MITNEPIN ) On this 1st day of October , 19563 before me, a notary public within and for said County and State, personally appeared REUBEN F . fiICKSON and GRETCHEN S. ALDEN , to me per- sonally knoim, who, being each by me duly sworn did say that 'hey are respectively the Mayor and Village Clerk of the municipal corporation named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its Common Council and said EUBEN F. F,RICI {SON and GRL'TCM' I S. ALDEN acknowledged said instru- ment to be the free act and deed of said municipal corporation. y <• N. Dalen, Notary Public in and for !Hennepin County, Minnesota. � f7 'AR3' Ste) MY Convnission Expires July 24, 1963 r: Filed for record on the 5 day of Oct A. D. 1956 at 3 :20 o'clock P. M.