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Home My WebLink About878m=_U2337 FAA90 y % V 333701 3 . A G R E E M E N T WHEREAS, JACK L. ROBERTS and MARGARET R. ROBERTS, husband and wife, of the County of Hennepin, State of Minnesota, hereinafter called "ROBERTS", are fee owners of the following described property situate .in.the County'of Hennepin, State of Minnesota, and legally described as follows: and Lot 3, Block 1, Doris Addition, according to.the recorded plat thereof on file in the office of the Register of Deeds in and for said County of Hennepin, State of Minnesota; WHEREAS, the VILLAGE OF EDINA, a municipal corporation organized under and existing by virtue of the laws of the State of Minnesota, herein- after called "EDINA ", desires an easement for storm sewer purposes over a portion of said property; NOW, THEREFORE, for and in consideration of the mutual promises of the parties herein and hereinafter contained, it is hereby agreed by and between ROBERTS and EDINA as follows: 1. ROBERTS hereby grant, bargain, sell and convey to RDIRA a temporary easement for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and recon- structing a storm sewer system, whether by storm sewer pipeline or open drainage ditch, in, under and over the following described tracts of land: A strip of land 10 feet in width lying in Lot 3, Block 1, Doris Addition, according to the recorded plat thereof on file in the office of the Register of Deeds in and for Hennepin County, Minnesota, the Westerly line of which is described as follows: Commencing at the Northeasterly corner of Lot 1, Block 1, said Doris Addition; thence Southerly along the Easterly lines of said Lot 1 and Lot 2, Block 1, said Doris Addition to the Southeasterly corner of said Lot 2, Block 1 and there terminating. Also a strip of land 20 feet in width lying in Lot 3, Block 1, said Doris Addition, the center line of which is described as follows: I HANSFER ENTERED MAR 8 1962 30UERT F. FITZSIMMONS, A0111101 NENNENN COUNTY, MINIL cif DEPUTY �� . PAS. 39r Commencing at the Southeasterly corner of Lot 2, Block 1, said Doris Addition; thence Southerly along the Easterly line of said Lot 2 extended to a point on said line extended 10 feet Northerly of the Southerly line of said Lot 3; thence Westerly along a line 10 feet Northerly of and parallel with the Southerly line of said Lot 3 to the Westerly line thereof and there terminating. 2. ROBERTS and EDINA hereby agree that at such time as ROBERTS present to the Village Council of Edina and, following the Village Council approval, there is duly recorded in the office of the Register of Deeds in and for the County of Hennepin, State of Minnesota, a plat of said property owned by ROBERTS, which plat contains a dedication of an easement for storm sewer purposes 20 feet in width, the Northerly and Southerly terminals of which shall be the same as the Northerly and Southerly terminals of the easement hereinbefore described and granted, then the said temporary easement hereinbefore described and granted shall be relocated to the area described by said plat dedicated easement. 3. It is further agreed by and between the parties hereto as follows; a. That the temporary easement granted and described in paragraph 1. above shall continue in existence until the storm sewer system described and dedicated on said plat is ready for use; and at such time said temporary easement granted and described in paragraph 1. above shall absolutely terminate and EDINA will give a Quit Calim deed to ROBERTS conveying its right in said easement but reserving its rights ift the easement dedicated in said plat; b. That the pipeline in said storm se4rer system on the plat dedicated easement shall be constructed of concrete reenforced with steel; c. That it is the intent of the parties hereto that the pipe- line to be constructed on said plat dedicated easement shall be utilized for y storm sewer purposes to service not only said property owned by ROBERTS but also other property; that the cost of said storm sewer system, including all pipes, materials and labor, shall be paid by ROBERTS to the extent of the cost of a conventional reenforced concrete pipeline system consisting of pipes 15 inches in diameter, which the parties agree would be sufficient to service said property owned by ROBERTS; that the balance of the cost of said pipeline shall be paid by EDINA. -2- PAGE d. Provided, further, however, that in the event the Village Council of EDINA fails or refuses to approve said plat., con- taining the dedication and description of said storm sewer easement., within three months from the date the same is presented in final form to said Village Council, and during such three month period ROBERTS make all reasonable efforts to comply with reasonable conditions of approval imposed by said Village Council, then and in that event the temporary easement herein granted and described in Paragraph 1 above shall absolutely terminate and EDINA shall thereafter promptly restore ROBERTS' property to in as nearly as possible the condition that it was in prior to the granting of the temporary easement described herein. IN WITNESS WHEREOF., the parties have hereunto set their hands as of this — 4� day of , Ag:i� 1 1962. In Presence of: 7, STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) Jack L. Roberts Maigaret R. Roberts VILLAGE OF EDINA M_ ME 7 On this S,4' day of >-� 1962, before me a Notary Public within and for said Coi ty, personally appeared JACK L. ROBERTS and MARCARET R. ROBERTS, husband and wife., tome 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. DAYTOR 1.4 t i " onk2337 PA%393 STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) On this 20th day of February , 1962, before me a Notary Public within and for said County, personally appeared ARTHUR C BREDESEN, JR. and WARREN C. HYDE to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and Village Manager of the VILLAGE OF EDINA, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its Village Council and said ARTHUR C BREDESEN, JR. and WARREN C. HYDE acknowledged said instrument to be the free act and deed of said municipal corporation. ,1 Gretchen S. Alden. Expires Januar 12, arial ' r Not Id Filed for r000rd on the 8 day of War AD 1962 at 1Os30 o2olook A.Y. -4- n ILI Village of Edina 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 RESOLUTION VACATING STORM SEWER EASEMENT IN SCENIC VIEW SECOND ADDITION WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on November 6, 1967, at 7:00 p.m., on the proposed vacation of the storm sewer easement hereinafter described has been given and made and a Hearing has been held thereon by the Village Council; NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described storm 'sewer easements in the Scenic View Second Addition as shown on recorded plat thereof, Hennepin County, Minnesota, be and are hereby vacated effective December 20, 1967, unless on or before said date this resolu- tion is amended, annulled or rescinded by the Village Council: The N.E. 1/4 of the S.W. 1/4, Sec. 32, T. 117, R. 21, Hennepin County, Minnesota in the Scenic View Second Addition as described in Document No. 686660 on file in the Register of Titles Office in and for Hennepin County, Minnesota; and The N.E. 1/4 of the S.W. 1/4, Sec. 32, T. 117, R. 21, Hennepin County, Minnesota, in Scenic View Second Addition, as described in Document No. 3337076, recorded in Book 2337, Page 390 in the J. Office of the Register of Deeds in and for Hennepin County, ',°.. Minnesota. (signed) ARTHUR C. BREDESEN. JR. Mayor ATTEST: tsigned) FLORENCE B. HALLBERG Village Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS VILLAGE OF EDINA ) CERTIFICATE OF VILLAGE CLERK I, the undersigned duly appointed and acting Village Clerk for the Village of Edina, County of Hennepin, Minnesota, do hereby certify that the attached and foregoing resolution is a full and complete copy of a resolution duly adopted by the Village of Edina Council at its Regular Meeting held Monday, November 6, 1967, and as recorded in the Minutes of 927 -8861 said Regular Meeting and that the said vacation has not been annulled, rescinded or amended. WITNESS my hand and seal of said Village this 20th day of December, 1967. Filed for record on the 29 day of Jan .AD 1968 at 1:5fl o'clock PjT. Village Cle6 ' tiA'ep4 F f Filed for record on the 29 day of Jan .AD 1968 at 1:5fl o'clock PjT. v 67/ kEr,.: VTATF OF M!�Pl �TA co U., N i �, .-, I - -?. K �u 1 -; ' A�o e 34�