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Home My WebLink About1002r f 3464889 IV g µ -9 S 001.751A "bFFICE OF REGISTER OF ;EEDS - STATE OF MINNESOTA ..- COUNTY OF HENNEPIN I hereby certify that the within in3tVUrn ant was filed for record in this office on the JL6 day of MAR A. D. 1964 at o'eioe M., and was duly recorded in book_... �u of 1�YkA page 1� RE ISTER OF DEEDS ; By DEPUTY REGISTER OF DEEDS ` - Rl Rl' NSFER ENTERED ERED � MAR 16 1964 h"'ERT F. FITZSIMMONS, AUDITOR �WNNEP UN I N. DEP+J;M 1-T ,, J W2434 Fm•�()2 3464889 EASEMENT THIS INSTRUMENT, Made this 21s day of February 19 64, by and between Emma. M. Enlund, widow �rrur w�w..-rr- wrrr�.rrrr�.um.rir r. i rrrrrrrrrro r��rrwi , 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 consid- erotion of One and No /100 Dollars ($1.00), 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 all utility and drainage purposes including, but not being limited to, sanitary sewer, storm sewer, water pipes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing said utility and drainage systems in and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: North ten feet (101) of the parcel of land twenty feet (201) wide lying immediately north of the north line of Lot 29, MendelssohnA0XNXX Said twenty foot (201) parcel being a portion of vacated Waterman Avenue,5 and which ten foot (10') strip lies between the northerly extension of the west line of said Lot 29, and the southerly extension of the easterly line of Lot 10, Block 2, "Mendelssohn Heights ". All according to the recorded plat tba reof, Hennepin County, Minnesota. This instrument is exempt from state deed tax. 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 utility and drainage systems 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. y .. A,'2434 PA-v361. 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: 9114owwo-wo", STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) On this 21st day of February , A.D. 19 64, before me, a Notary Public within and for said County, personally appeard Emma M. Enlund, widow }r x and , 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. (Notarial Seal) "� r! Filed for reoord on the 16 stay of Mar AD 1964 at 3 o1olook P.L. PRESIDENT VERNON A. NICKOLS REGISTERED LAND SURVEYOR EGAN, FIELD 7415 WAYZATA BOULEVARD '- -> -� & NOWAK, INC, MINNEAPOLIS, MINNESOTA 55426 October 13, 1978 DESCRIPTION FOR SANITARY SEWER EASEMENT STARITA PROPERTY 604 BLAKE ROAD A 20 foot easement for sanitary sewer purposes over the following described tract of land: That part of Lot 29, Mendelssohn, and part of vacated Water- man Avenue and Main Street, described as follows: Beginning at the Judicial Monument in the Northeast corner of "EL RANCHO ADDITION "; thence Southerly along the East line of said 'EEL RANCHO ADDITION" to an intersection with a line parallel with and 396 feet North of the South line of said Lot 29; thence East along said parallel line and its extension to the West line of MIRROR LAKE TERRACE as now laid out and monumented; thence Northerly along said West line to the Southwesterly line of Blake Road; thence Northwesterly along said South- westerly line to an intersection with a line parallel with and 20 feet South of the South line of Block 2, :"MENDELSSOHN HEIGHTS" as now laid out and monumented;.thence West along last said parallel line to an intersection with the Northerly extension of the East line of said "EL RANCHO ADDITION "; thence Southerly along the extension of said East line to the point of beginning; except that part thereof which lies between the Southerly extensions of the Easterly and Westerly line of Lot 8, Block 2, "MENDELSSOHN HEIGHTS ". " The center line of said easement is described as follows: Commencing at the intersection of the South line of the above described property with the East line of said "EL RANCHO ADDITION "; thence Easterly, along the South line of the above described tract 290.00 feet to the point of beginning of the center line to be described; thence Northwesterly, deflecting to the right at an angle of 130 degrees 20 minutes from last described course, to the intersection with said Southerly extension of the Easterly line of Lot 8, Block 2 E'MENDELSSOHN HEIGHTS" and there terminating. The side lines of said easement are prolonged or shortened to ter- minate on the Southerly line of the first above described parcel and the Southerly extension of the Easterly line of said Lot 8, Block 2, "MENDELSSOHN.HEIGHTS". PRESIDENT VERNON A. NICKOLS REGISTERED LAND SURVEYOR EGAN, FIELD & NOWAK, INC, 7415 WAYZATA BOULEVARD MINNEAPOLIS, MINNESOTA 55426 October 13, 1978 DESCRIPTION FOR SANITARY SEWER EASEMENT STARITA'PROPERTY 604 BLAKE ROAD A 20 foot easement for sanitary sewer purposes over the following described tract of land: That part of Lot 29, Mendelssohn, and part of vacated Water - man Avenue and Main Street,'described as follows: Beginning at the Judicial Monument in the Northeast corner of 'EEL RANCHO ADDITION "; thence Southerly along the East line of said FEEL RANCHO ADDITION" to an intersection with a line parallel with and 396 feet North of the South line of said Lot 29; thence 'East along said parallel line and its extension to the West dine of MIRROR LAKE TERRACE as now laid out and monumented; thence Northerly along said West line to the Southwesterly , line; of Blake Road; thence Northwesterly along said South - westerly line to an intersection with a line parallel with and 20 feet South of the South line of Block 2, ''MENDELSSOHN HEIGHTS" as now laid out and monumented; thence West along last said parallel line to an intersection with the Northerly extension of the East line of said 'EEL RANCHO ADDITION "; thence Southerly along the extension of said East line to the point of beginning; except that part thereof which lies between the Southerly extensions of the Easterly and Westerly line of Lot 8, Block 2, 'EMENDELSSOHN HEIGHTS ". The center line of said easement is described as follows: Commencing at the intersection of the South line of the above described property with the East line of said RREL RANCHO ADDITION "; thence Easterly, along the South line of the above described tract 290.00 feet to the point of beginning of the center line to be described; thence Northwesterly, deflecting to the right at an angle of 130 degrees 20 minutes from last described course, to the intersection with said Southerly extension of the Easterly line of Lot 8, Block 2 E'MENDELSSOHN HEIGHTS" and there terminating. The side lines of said easement are prolonged or shortened to ter- minate on the Southerly line of the first above described parcel and the Southerly extension of the Easterly line of said Lot 8, Block 2, 'EMENDELSSOHN. HEIGHTS''. EASEMENT THIS INSTRUMENT, Made this WAt day of _ VY , 19 649 by and between two IL su e&* Ml r , 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 consid- eration of One and No /100 Dollars ($1.00), 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 all utility and drainage purposes including, but not being limited to, sanitary sewer, storm sewer, water pipes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing said utility and drainage systems in and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: go" $48 #0ft 0" 09 a$ P"04 ad M" "Now9 A—A pwo" but" and which ten foot (10') strip lies between the northerly extension of the west line of said Lot 29, and the southerly extension of the easterly line of Lot 10, Block 2, "Mendelssohn Heights ". All according to the recorded plat thereof, Hennepin County, Minnesota. This instrument is exempt from state deed tax. 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 utility and drainage systems 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: W, STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) On this 2Ut day of t+�1�"Y , A.D. 19 64, before me, a Notary Public within and for said County, personally appeard and 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. M ; (Notarial Seal) N. nA�EN unbl M1Qr ePin � Zc}, Ni'es ju'' �b T 3464883 l �2 DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY JOHN W. WINDHORST MICHAEL A. OLSON HENRY HALLADAY LARRY W. JOHNSON JULE HANNAFORD THOMAS S. HAY ARTHUR B. WHITNEY G. LARRY GRIFFITH RUSSELL W. LINDQUIST CRAIG A. BECK DAVID R. BRINK DAVID L. McCUSKEY HORACE HITCH THOMAS 0 MOE VIRGIL H. HILL JAMES H OHAGAN ROBERT V. TARBOX JOHN M.MASON ROBERT J. JOHNSON MICHAEL W. WRIGHT MAYNARD B. HASSELOUIST LARRY L VICKREY PETER DORSEY LOREN R. KNOTT GEORGE P. FLANNERY PHILLIP H. MARTIN CURTIS L. ROY REESE C JOHNSON ARTHUR E. WEISBERG CHARLES J. HAUENSTEIN DUANE E. JOSEPH CHARLES A. GEER JAMES B. VESSEY JOHN C. ZWAKMAN WILLIAM A, WH ITLOCK JOHN RWICKS EDWARD J.SCHWARTZBAUER EUGENE L.JOHNSON THOMAS M. BROWN JOHN W. WINDHORST, JR. CORNELIUS 0. MAHONEY, JR. MICHAEL PRICHARD WILLIAM C. BABCOCK JOHN P. VITKO THOMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E. BRESS RICHARD G. SWANSON RAYMOND A. REISTER FAITH L. OH MAN JOHN J. TAYLOR DAVID A. RANHEIM WILLIAM J HEMPEL ROBERT J. SILVERMAN JOHN S. HIBBS THOMAS R. MANTHEY ROBERT 0 FLOTTEN WILLIAM R HIBBS JOHN D. LEVINE PHILIP F. SOELTER ROBERT J. STRUYK WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA 55402 (612) 340 -2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER: (612) 340 -2868 1468 W —FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227 -8017 115 THIRD STREET SOUTHWEST R OCH ESTER, M I N N ESOTA 66901 (507) 288 -3166 July 6, 1978 Anthony R. Soderman, Esq. 821 Marquette Avenue Minneapolis, Minnesota 55402 Re: Dear Mr. Soderman: Registration of Land Emma M. Enlund - District Court File by No. 18098 ROBERT A. HEIBERG NICK R. HAY JOHN D. KIRBY IRVING WEISER ROBERT A. SCHWARTZBAUER STEPHEN E. GOTTSCHALK DAVID N. FRONEK THOMAS W. ELKINS THOMAS W. TINKHAM KENNETH L CUTLER JON F. TUTTLE GARY M.JOHNSON EMERY W. BARTLE THOMAS W. FINN WILLIAM A. JOHNSTONE JAY L. BENNETT STEVEN K. CHAMPLIN ROBERT G. BAYER MICHAEL J. RADMER SUZANNE B. VAN DYK MICHAEL TRUCANO STUART R. HEMPHILL JAMES A. FLADER J DAVID JACKSON DAVID L BOEHNEN W. CHARLES LANTZ MICHEL A. LAFOND DOUGLAS E. RAY DON O. CARLSON STEVEN F.WOLGAMOT PAUL J. SCHEERER J.MAROUIS EASTWOOD DAN F. NICOL EDWARD J PLUIMER FRANK H. VOIGT KENNETH W ERICKSON WILLIAM H. HIPPEE. JR, OWEN C. MARX ROBERT A. BURNS JAMES E,80 LUS ROGER J. MAGNUSON GEORGE L CHAPMAN J. ROBERT HIBBS THOMAS D. VANDER MOLEN JAY F. COOK MARK A. JARBOE STANLEY M. REIN BRUCE D. SOLANDER CHARLES L POTUZNIK VERLANE L. ENDORF DENNIS P. BURATTI OF COUNSEL GEORGEANN BECKER DONALD WEST ROBERT L HOBBINS WALDO F. MAROUART BARRY D. GLAZER GEORGE E. ANDERSON PETER S. HENDRIXSON JOHN F. FINN This is to confirm our telephone conversation of July 6 by which you gave to the City of Edina an indefinite extension of time within which to file its answer in the above entitled proceeding. The extension will end 20 days after you give me written notice that you require the City's answer to be filed. In the interim, the City Engineer's office will be determining whether there is any discrepancy between the physical location of its sanitary sewer easement and the description of its easement in Book 2032 of Deeds, Page 99. I expect we will be able to resolve any problem without the need of an answer. We will attempt to resolve any questions as soon as possible to accommodate your desire to complete the registration proceeding as soon as possible. TSE /abc cc: Mr. Francis J. Hoffman Very truly yours, Thomas S. Erickson TO: FROM: DATE: RE: MEMORANDUM THOMAS E. ERICKSON Marie S. Wilson July 5, 1978 City of Edina - General �k,y� J v You asked _p_ o find out why the City of Edina was named as a Defendant in the nd Title Summons brought by Emma M. Enlund. I talked to Mr. Soderma the Attorney for the Applicant, who informed me that he was directed to include the City upon recommendation of the Examiner. I reviewed the District Court file and found the following two entries recommending the City be named as a Defendant: 1. "The survey on file herein shows a 9" sanitary sewer running across the premises in a Northwesterly - Southeasterly direction. There appears at entry 51 the record of a sanitary sewer easement in favor of the Village (now City) of Edina. The description in said easement appears to be across a different portion of the premises than the sewer shown on the survey. I therefore recommend the City of Edina as -a defendant so that there may be evidence at the hearing to support a filing of fact in the Decree of Registration as to whether said easement described in instrument recorded in Book 2032 of Deeds._ page, entry 51, is in use or whether the easement as shown on the survey represents said recorded easement and therefore the easement as described at entry 51 has terminated by abandonment or otherwise. The 'Subject Clause' of the Decree should contain an appropriate concluding statement as to rights of the City of Edina for a sanitary sewer easement across the premises." 2. "There appears at entry 74 the record of a utility and drainage easement in favor of the Village (now City) of Edina across the North 10 feet of the premises herein (within vacated Waterman Avenue). The 'Subject Clause' of the Decree of Registration should contain the following concluding'statement: � R14( 'To a utility and drainage easement in favor of the City of Edina across the North 10 feet of the above described premises as contained in Book 2434 of Deeds, Page 362, Document No. 3464889. MSW r E- P I N C O YV �.� t UNY, MINNESOTA tt y t r ti ` _ pFOp�ri e; ors, o17 o' P7 The 01,Y, 0. �� 6T -5 3• • t j� \ /O/r/� .? ''c;;;`C y• {�' ,,�JJi /t rGAI,�. A _ - r �\, rx I ... �. ��'�, ''c1, t0� Cam, t'�% [" �"` � �.�.. I . �''+' -�. ' • . ,,, � . .• . • • � ; . ' � � • I a Fi IL I r South out an moin2, ented SSOHN HEIGHTS; ,,; syU., `sc sEQ, I as lard out and napumenteA C, cil 'Ro , -- SURVEY FOR. LOUIS.SSARFTf - � WATERMAN f and Part of vacated Waterman Avenue and Main Street, described as folio, , I al`i DESCRIPTION: That part of Lot 29, Mendel Northeast corner of "EL RANCHO ADDITION "; thence Southerly along the I I II I fi A at the RANCH0al Monument to it rsection with a line parallel with and 396 feet North of the South line of s 's extension to the West line of MIRROR LAKE TERRACE as now la to out am i \ East alengsaid parallel lint tine to the Southwesterly line of Blake Road; thence Northwester) at E t Y 9 t, z! thence along parallel withand 20 feet South of the South line of Block 2, MENDELSSOHI line to am intersection wilt„ West along last said parallel line to an intersection With t _ he Northerly exte I)N i thence Southerly along the extension of said East line to the point nl b between the Southerly extensions of the Easterly and Westerly lines of Lot ;t except that thereof wh, 'Mendelssohn Heights'. - no or under my direct supervision and that I am a dui Registered Land Sur \ ` 1 her certify that this survey was re i y etry Y eY D Pa 9 10EP,T >ICN v v� - laxsotthe ota Ivv.vv . `V� \ b� { EGAN, FIELD &NOWAK, INC. v vv t Dated this 9th day of August, 1976. da ly , r October, x isedthis 4th day of 1976. Surveyors , t 4 rSlO �'Dacaeca "'NIL � L by fwnnescilai Registration No. 6122 NOTE: Topographic data taken from aerial s urvey compiled by Harry S. Johnson Companies, Inc. -Dated April 1974. .Sewer lnformatloMshown on platcii,4ned from Engineering Department, City of Edina. a 41 BE 0 line parallel and 396 fej 411641h of the South v �-f c� - Ineof Ld 29 Me Hider o � :-:. - , 1/-� \\ �\ �-I x \\ ZZ � st like of "EL RANCHO ADDITION" as r existing Judicial Landma }ks. - East ine of the utli Northeast Quarter of Section 3r�i'.�"df�the � lSowes 0, Township 117, Range 21 according to Torrens Case , No. 12994 Center line of vacated Main Street and West line of - MIRROR LAKE TERRACE as laid out and monumentod/ l / I Tl13. E8 -- si te.z ii Coa..ee 7.04,2 -4.E 'l- i