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HomeMy WebLinkAbout880ego %W2461 ?w 38 1 350 651 RELEASE OF LIABILITY Roy W. Smith and Alice C. Smith, husband and wife, owners of that certain land situated in Hennepin County, Minnesota, to -wit: Lot 7, Block 2, "Miller's Addition ", Hennepin County, Minnesota, for themselves, their heirs, executors, administrators, and assigns, in consideration of the release by The Village of Edina of certain portions of an easement over said land, do hereby release and forever discharge the Village of Edina from liability for damage, destruction, loss, cost and expense, of every kind whatsoever which may have arisen or may here- after arise because of the flooding or overflow of water over that part of said land lying between the lines A and B which are described as follows: Line A: Commencing at a point on the Easterly line of Lot 7, Block 2, "Miller's Addition ", Hennepin County, Minnesota, distant 160 feet Northerly from the Southeasterly corner thereof; thence Westerly to a point on the Westerly line of said Lot 7 distant 160 feet Northerly from the Southwesterly corner thereof and there terminating. Line B: Commencing at a point on the Easterly line of Lot 7, Block 2, "Miller's Addition ", Hennepin County, Minnesota, distant 100 feet Northerly from the Southeasterly corner thereof; thence Southwesterly to a point on the Westerly line of said Lot 7 distant 75 feet Northerly from the Southwesterly corner thereof and there terminating. This release shall be, and shall be deemed tobe,a covenant running with said Lot 7 and shall be binding on all present and future owners of said Lot 7, or any part thereof, and all persons claiming under any of said present or future owners. IN TESTIMONY WHEREOF, Roy W. Smith and Alice C. Smith have caused these presents to be executed this g;_ day of --' 1964. No state deed tax is due hereon. In Presence Of: Id i Roy. Smith ice C. Smith r � , DEED Z4(i.f STATE OF I MINNESOTA) ss. COUNTY OF RAXSES' :: ) On this 2 may of ' 1964, before me, a Notary Public, within and for said County, personally appeared Roy W. Smith and Alice C. Smith, husband and wife, 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. tinfEtlr lassm� ,Seal) HARRISON P. DILWORTH, III No Public, Ramsey County, Minn. MY Comrnlssion Expires Mar. 1, 1966. Filed for record on the 2 day of Oct AD 1964 at 9 o'clock A.M. OCT OF DEEDS - 7A�r- OF fd�fdNESOTA COUNTY OF HENNEPIN f f _;reh certIfl that the with;n instriull -t in this �;`: o. f OCT A. D 1564 i°6.s (/Ui(f r�iCJ( "iu le,e -ate � a, toisT�:R. :F. DBEOS By D REGISTER OF DEEDS' �3L/ r� 7J .v 3292248 EASEMENT FOR STORAGE OF WATER THIS INSTRUMENT, Made this % day of �._.._,.., 196i, by and between DONALD B. DICKEY and AVIS D. DICKEY, husband and wife, 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: WHEREAS, parties of the first part own title to the following described property situate in the County of Hennepin and State of Minnesota, to -wit: Lot 7, Block 2, "Miller's Addition ", Hennepin County, Minnesota, according to the recorded plat thereof. AND WHEREAS, party of the second part desirds an easement over said property for the purpose of storage of water; NOW, THEREFORE, for and in consideration of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties of the first part do hereby grant, bargain, sell, convey and warrant to the party of the second part an easement in perpetuity for the purpose of storage of water over that part of said first described property lying Southerly of a line to be described and hereinafter called Line A, including an easement in perpetuity over said first described property for excavation, construction, maintenance and repair of a reservoir to contain water on that part of said first described property lying Southerly of a line to be described and hereinafter called Line B; provided, however, that parties of the first part shall have and hereby reserve the right to fill, improve and build on that part of said first described property lying between said Lines A and B. Lines A and B are described as follows, to -wit: Line A Commencing at a point on the Easterly line of Lot 7, Block 2, "Miller's Addition ", Hennepin County, Minnesota, distant 160 feet Northerly from the Southeasterly corner thereof; thence Westerly to a point on the Westerly line of said Lot 7 distant 160 feet Northerly from the Southwesterly corner thereof and there terminating. V Boam%23,01 F7. Line B Commencing at a point on the Easterly line of Lot 7, Block 2, "Miller's Addition ", Hennepin County, Minnesota, distant 100 feet Northerly from the Southeasterly corner thereof; thence Southwesterly to a point on the Westerly line of said Lot 7 distant 75 feet Northerly from the Southwesterly corner thereof and there terminating. It is further agreed that the party of the second part shall not be liable for, and that parties of the first part shall hold said party of the second part harmless against all damage, expense,. cost, loss and liability to parties of the first part, their property and any and all other persons and property, not occasioned by or proximately resulting from negligent acts of said party of the second part or its agents or employees, which may occur as a result of either party exercising rights granted under this agreement. State Deed Tax due hereon $1.10. IN TESTIMONY WHEREOF, The said parties of the first part have hereunto set their hands the day and year first above written. In Presence Of 11 . -e I n z Donald B. Dickey STATE OF IOWA ) COUNTY OF 6)&-e-& jSS, 0, Avis D. Dickey r On this day of 1961, before me,'dta Public within and for sa d County, personally appeared DONALD B. L?CKEY� mt; known to be the person described in, and who executed the foregotug itrue,,,; m and acknowledged that he executed the same as his free act and deEd. �• .'°' �- r'' S ) (Notarial Seal "� STATE OF MINNESOTA )SS COUNTY OF HENNEPIN ) • On this MAY 15 JR#1 of 1961, before me, a Notary Public within and for said County personall a eared AVIS D DICKEY tA' s y known to be the person described in, and who executed the foregoing .1 and acknowledged that she executed the same as ar- .fxee act and deed', (Notarial 4 J ti��1 94k, r ' j DEFD TAX PAID z. cows l D� #i pfAi6l" COUNTY IREASURER -2- r� 37 7'1 Filed for reoord on the 6 day of Jun A.D. 1961 at 2=40 o'olook P.M. -T 329224.► 4 iA z -il r) Itft C012.0021 A A- A 880 �)FDEEDS .OFFICE !IIATF OF 'MINNESOTA COUNTY OF 141tNNEP'" I hereby certify - that the Wfain Instrumsm.1 was filed for record in this -6ffjos on 6, del JUN A.. D. MIA= 8 -,duly revokd, 1- a clock and-um vf 0 of LL Page R IST F EDV OF OEM ;AN4'z`fF-R ENTQ ED JUN 6 1961 k KRT F. FITZSIMMONS, AUDITUE HENNEPIN COUNTY, MINN. TV L.