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Home My WebLink About0639#32 of i BY J EASEMENT FOR 3A NITARY SEWER THIS INSTRUMENT, Made this 15th day of April , 19 57 , by and between Gordon 0. Graber 2 single, and Evelyn Ney Graber, his mother , of the County of Hennepin and State of Minnesota, parties of the first part, and the Village of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in considera- tion of One and no /100 (1.00) Dollars, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for sanitary sewer purposes, including the right to enter for the purpose of constructing, maintaining$ altering, repairing and reconstructing a sanitary sewer system in and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: of lot nve (5)s 3 Rim (9)0 to ftwo "out ftor"" evil I 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 sanitary sewer replace any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. IN WITNESS WHEREOF., The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: 9 >9 STATE OF NCNNES OTC. ) ss, COUNTY OF HENNEPIN Z—_ On this day of � A.D. 19 S ; before me, a Notary Publih wi in and for said County, personally appeared ,t_— and t 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. -L K R J. BURE (Notarial Jeal) ar} 'ub;lq Henne pin Co y, Minn, unt 7mis�ion Eapiree Oct. 25, 1962, F 535'78'7 r _ ` 9 P� I(E6ISTERED VOL 1 I V L it W / U i IL i f i OFFICE OF REGISTRAR OF TI STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within Instrument was filed in this offico on the 1 day of AUG A. D-.-1 957 at 1140 o'clock M. r Is TITLES By F au -T :aft OF TITLE$ V DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST WALDO F MAROUART THOMAS S. ERICKSON WILLIAM C. BABCOCK 2400 FIRST NATIONAL BANK BUILDING JAMES T. HALVERSON CHARLES J. HAUENSTEIN ROBERT A. HEIBERG EMERY W. BARTLE JOHN W. WINDHORST MICHAEL E. BRESS CHARLES A. GEER MICHAEL J. RADMER HENRY HALLADAY PAUL G. ZERBY MINNEAPOLIS, MINNESOTA $ S 4 O 2 JOHN C.ZWAKMAN CURTIS L. STINE JULE M. HANNAFORD RAYMOND A. REISTER JOHN R -WICKS MICHAEL.TRUCANO ARTHUR B- WHITNEY JOHN J. TAYLOR EUGENE L.JOHNSON WILLIAM J. KEPPEL RUSSELL W. LINDQUIST BERNARD G. HEINZEN ( 612) 333— 2151 JOHN W. WINDHORST, JR. JAMES A. RADER DAVID R. BRINK WILLIAM J. HEMPEL MICHAEL PRICHARD WILLIAM A.JOHNSTONE HORACE HITCH JOHN S. HIS CABLE: DOROW WILLIAM R.SOTH WILLIAM E. BOWEN VIRGIL H. HILL ROBERT O. FLOTTEN THOMAS R. MANTHEY WILLIAM P. LUTHER ROBERT V. TARBOK JOHN 0. LEVINE RICHARD G. SWANSON DOUGLAS D. MCFARLAND DEFOREST SPENCER ROBERT J. STRUYK DAVID A.RANHEIM DAVID L.BOEHNEN ROBERT J.JOHNSON MICHAEL A. OLSON 1468 W —FIRST NATIONAL BANK BUILDING ROBERT J. SILVERMAN ROBERT M_ HALVORSON M. B. HASSELOUIST LARRY W. JOHNSON ST. i=AUL, MINNESOTA 65101 JAMES M. KLESBA CRAIG LWILLIAMS PETER DDRSEY THOMAS S. HAY (612) 227— 8017 WILLIAM R. HIBBS VINCENT S_WALKOWIAK GEORGE P_ FLANNERY G. LARRY GRIFFITH JOHN D.KIRSY CURTIS LROY CRAIG A. BECK PHILIP F. BOELTER ARTHUR E.WEISBERG DAVID L. McCUSKEY WILLIAM B. PAYNE AUSTIN G.ANDERSON DUANE E. JOSEPH THOMAS O. MOE JONATHAN VILLAGE CENTER BRUCE W_ BURTON ADM-PARTNER FREDERICK E_ LANGE JAMES H.dHAGAN CHASKA, MINNESOTA 55318 JAN D.STUURMANS JAMES B. VESSEY MICHAEL W. WRIGHT (612) 448401E R.A.SCHWARTZBAUER WILLIAM A. WHITLOCK LARRY L. VICKREY DAVID N. FROM EK OF COUNSEL E.J. SCHWARTZBAUER LOREN R.KN07T THOMAS WTINKHAM DAVID E. BRONSON THOMAS M. BROWN PHILLIP H. MARTIN - JON F. TUTTLE LEAVITT R_SARKER CORNELIUS 0_MAHONEY REESE C. JOHNSON EARL LDEVINE GEORGE E.ANDERSON August 2, 1972 Mr. Robert Dunn Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Bob: A number of years ago, the Village obtained, by condemnation, easements for sanitary sewer purposes and public road purposes in LaBuena Vista Addition and also in portions of Section 5, Township 116, Range 21. However, a Final Certificate was never filed. This came to our attention in connection with the school district application to vacate the plat underlying the high school building. We, therefore, prepared and filed the necessary Final Certificate, a copy of which is enclosed. You will note that it has been duly recorded in the office of the Register of Deeds as Document No. 3956313. I send the same to you for your records. Very truly yours, Tho as S. Ericzson TSE /c Enclosure u I ;w.. 1 . , cti1! I 'r (:i,;�nl %,Ir�A'r I t,N NC1. �l2 t 5 I 11 Cl �313� GERALD R. NELSCaft >iRlCi STATE OF i IINNESO'TA G�•CFF � 0� �D' *1 r Q .It,1 Y DISTRICT COURT � FOURTH JUDICIAL, DIS'T'RICT COI1N'T'Y O1� 111. \hLT 1N � � , �t '12 JUt IN Tula PIA'TTER OF CONDTPINATION FILED BY THE VILLNGE OF EDINA OF CERTAIN LANDS AND INTEIRESTS FINAL CERTIFICATE TIIF.REIN IN HENNEPIN COUNTY FOR SANITARY SEWER AND PUBLIC STREET PURPOSES. By authority of Minnesota Statutes 1945, Section 117.20, Dorsey, Narquart, Windhorst, West & Halladay, attorneys for the Village of Edina, hereby.certify that the lands herein described have been taken by the Village of Edina in eminent domain proceedings for sanitary sewer and public street purposes in conformity with requirements of Chapter 117 of said Statutes as amended; that the Commissioners were duly appointed by the Court to ascertain and report the amount of damages sustained by the several owners on account of such taking; that said Commissioners qualified, and made and filed their report of such damages; that the time for appeal from the awards in said report has expired; that no appeals were taken from the awards; that all damages as determined by award have been paid by the Village of,Edina; that the proceedings for.the taking of �t C said lands are now cqi fete; and that said Village of Edina now owns a perpetual easement in and to said lands for sanitary sewer and public road purposes. Said attorneys for the Village of Edina further certify that said lands are situate in Hennepin County, Minnesota, and are legally described as follows'to -wit: EASEMENTS FOR SANITARY SEWER PURPOSES: PARCEL THREE: That part of Lot Four (4) , Block Nine (9) , L.aT;ttena Vista, according to the recorded plat, lying fifteen feet (15 ft.) on each side of the following described centerline: Beginning at the centerlines of Woodbine Avenue and Brook Drive as platted in LaBuena Vista; thence Easterly along the centerline of said Brook Drive to a point of curve to the left having a radius of One Hundred Fourteen and Sixty -six Hundredths (114.66) feet and delta ankle of Thirty -eight Degrees, Eight: Minutes (38° 08'), : af(l point: of curve hehig the actual point. of beginning; of the center.l.hic to be described; thence Northerly aL a deflection angle of One Hundred 'ltao Degrees NineL-een Minutes (102° 19') left, a distance of Two 11undred Seventy -seven (277) feet, together with a temporary construction easement for all. necessary ingress and egress and the placing of all neces- sary tools and equipment thirty feet (30 ft.) on each side of the above- described centerline, said temporary construc- tion easement to automatically cease and terminate upon the termination of the sewer project or not later than eighteen (18) months from the 10th day of December 1957. PARCEL FOUR: All that portion of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4), Section Five (5), Township One Hundred Sixteen (116), Range Twenty -one (21), that lies .within the following described tract of land: A strip of land sixty (60) feet in width, the centerline of which is described as follows: Commencing at a point on the centerline of Valley View Road, said point being ninety (90) feet south of and at right angles to the north line of the South Half (S 1/2) of said Section Five (5), thence West parallel to and ninety (90) feet South of said North line of the South Half (S 1/2) a distance of One Hundred Seventy -four and two- hundredths (174.02) feet; thence Southwesterly at a deflection angle of twenty -three degrees (23 °) left, a distance of one hundred sixty -five (165) feet; thence Southwesterly (SWly) at a deflection angle of ten degrees (10 °) left, a distance of two hundred forty (240) feet; thence Southwesterly (Sally) at a deflec- tion angle of twenty -three degrees (23 °) left, a distance of two hundred sixty (260) feet; thence Westerly at a deflec- tion angle of fifty -six degrees twenty minutes thirty seconds (56° 20' 30 ") right, a distance of Five Hundred Nine and sixty -five hundredths (509.65) feet; thence Northwesterly at a deflection angle of fifty degrees thirty minutes (50° 30') right, a distance of two hundred thirty -eight and four - tenths (238.4) feet; thence Northwesterly at a deflection angle of five degrees fourteen minutes (50 14') left, a distance of two hundred fifteen and twenty -five hundredths (215.25) feet; thence Northwesterly at a deflec- tion angle of twenty -six degrees thirty minutes (26° 30') right, a distance of four hundred eleven and eighty -five hundredths (411.85) feet; thence Northwesterly at a deflec- tion angle of thirty -two degrees ten minutes (32° 10') left, a distance of four hundred forty -three and eighty -five hundredths (443.85) feet; thence Northwesterly at a deflec- tion angle of two degrees fifteen minutes (2° 15') left, a distance of three hundred forty -two and seventy -five hundredths (342.75) feet; thence Northwesterly at a deflec- tion angle of eighteen degrees thirty minutes (18° 30') left, a distance of two hundred fifty -eight and fifteen hundredths (258.15) feet; thence Northwesterly at a deflection angle of thirty -one degrees eighteen minutes thirty seconds (310 18' 30 ") right, a 6istance of two hundred forty -six and fifty-five hundredths (246.55) feet; th;:nce Westerly at a deflection angle of fifty -five degrees sixteen minutes (55° 16') left, a distance of three hundred forty -three and five- tenths (343.5) feet; thence Northwesterly at a deflection angle of eighty - one degrees fifty minutes (81° 50') righL, a distance of -2- one hundred %eventy -:;ix and fifLe.en Iitindredthrt (176.35) fret; thencv Northr:ttoter.ly at. a deflecLion ankle of nlnctccn dcgrccs t:hirLy -six minutes (19" 36') right, a distance of two hundred six and nine - tenth:: (206.9) feet; thence Northwesterly at a deflection angle of forty degrees forty-seven minutes (40° 47') left, a distance of six hundred thirty and seventy -five hundredths (630.75) feet; thence Northwesterly at a deflection angle of nine degrees ten minutes (9° 10') left, a distance of three hundred thirty -nine and fifty -five hundredths (339.55) feet; thence Northwesterly at a deflection angle of thirty -two degrees fifty minutes thirty seconds (32° 50' 30 ") left, a distance of two hundred three and eighty - hundredths (203.80) feet; thence Northwesterly at a deflection angle of thirty -two degrees one minute thirty seconds (32° 01' 30 ") right, a distance of two hundred eight and three- tenths (208.3) feet; thence Northwesterly at a deflection angle of twenty -four degrees seventeen minutes (24° 17') right, a distance of two hundred eighty -seven and fifteen- hundredths (287.15) feet; thence Northwesterly at a deflection angle of twenty -nine degrees thirteen minutes thirty seconds (29° 13' 30 ") left, a distance of four hundred fifty -six and two - tenths (456.2) feet, more or less, to the intersection of the centerline of Gleason Road and the North line of Section Six (6), Town- ship One Hundred Sixteen (116) North, Range Twenty -one (21) West. EASEMENT FOR PUBLIC ROAD PURPOSES: PARCEL FIVE: That portion of the Northeast Quarter (NE 1/4) of Section Five (5), Township One Hundred Sixteen (116), Range Twenty -one (21), which lies East of the West line extended North of Ridgeview Drive and which lies South of the North line extended West of West 66th Street. State Deed Transfer Tax due hereon: None A Dated at Minneapolis; Minnesota, this Z day of 1972. The above, final of C_ _ _- , 1972.. Y STATE OF MINNESOTA,, COUNTY OF HENNEPIN Certified to to a true -anal correct copy of the original "�on� file and of record in m i I JUL 6 1 GE; D f . li �5��, Clerk dfj istrict Court BY ® L�.f�i%'f Deputy DORSEY, MARQUART, WINDHORST, WEST & HALL.,DAY By A� Thomas S. Erickson Attorneys for the Village of Edina 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone: 333 -2151 certificate is hereby appzoved this 2-�_ day -" , udf,c bf 5ald llistric.t (:curt. 0 JUL —t,-72 6 3 13 00.00va e. 0. 1: 1,,'E 0--- RE -!STc".R OF DEEDS STA. E Or M NNESOTA COI!NTY OF H--NINEPIN I hereby c°rlify that the w;thin instrument was filed for re-ord in this office on the f3 day of JUL A.D. 1972 at L? ,3 o'clock ' and was duly recorded in book '24 �&Henncpin County Records page 395631-3 !�7 REGISTER OF D OS" By 7�1 -- DEPUTY REGISTER OF DEEDS .h 4,9 12