HomeMy WebLinkAbout1051:.4. . . . . . .
. . . . . . . . . . . .
AP"
f;,: COUNTY RfXol::,c,f�
rilli:c FILED Afif
I NC 2 53
hardt
Mortgage Bankers • Realtors
Property Managers • Insurance Agents
April 5, 1977
Mr. Bob Overmeyer
City of Edina
4801 West 50th Street
Edina,Minnesota 554424
Re: Vance Johnson /Neil Feinberg
5101 Scriver Road, Edina, Minnesota
Dear Mr. Overmeyer:
Enclosed is the original recorded Easement Agreement for
the above property for your permanent records.
Very truly yours,,
Berit Christensen
Closer
3250 west 66th street •p.o.box 1385•minneapolis, minnesota 55440. phone (612) 920 -9280
V. I I 1.F
AGREEMENT
THIS AGREEMENT, made and entered into this
.15-y'- day of Zone 1964 by and between Vance A. Johnson and
Marion B. Johnson, husband and wife of Hennepin County, Minnesota,
parties of the first part, (hereinafter collectively referred to as
"JOHNSONS ") and the Village of Edina, a Minnesota municipal corpor-
ation, party of the second part, (hereinafter referred to as "EDINA ").
WITNESSETH:
WHEREAS, Johnsons are the owners of a certain
parcel of land situated within the corporate limits of Edina and legally
described as:
Lots One and Two, Block 1, Hyland Acres,
according to the map or plat thereof on file
and of record in the office of the Register of
Deeds in and for Hennepin County, Minnesota, and
WHEREAS, Edina has a permanent easement for
sewer purposes over portions of both lots as more particularly appears
on the plat of Hyland Acres and has previous hereto installed a storm
sewer in said easement, and
WHEREAS, Johnsons desire to construct a residence
and an outdoor swimming pool on said lots, the proposed location of which
improvements would encroach across portions of Edina's easement, and
WHEREAS, the said storm sewer is at a depth below
the proposed foundation depths of Johnsons' residence and swimming pool.
NOW THEREFORE, in consideration of the mutual
covenants and promises of the parties hereto, it is stipulated and agreed
as follows:
r
Rifrt
and
tow
NE c.''
IVtti�e�
coo,'f
i;.
� lz "� iebh.i; ,
1. Johnsons are hereby granted leave to construct
a residence and a swimming pool over portions of Edina's sewer easement
on Lots 1 and 2, Block 1, Hyland Acres, Hennepin County, Minnesota.
2. Johnsons agree not to disturb said storm sewer in
any way during or after the construction of said residence and swimming
pool. In the making of the contemplated improvements Johnsons agree that:
A. all foundations will be a minimum of 4 feet
above said storm sewer;
B. all foundations and slabs shall be reinforced
for a distance of; not less than 5 feet on each side of the center line of
the sewer pipe so as to exert no additional load on said pipe.
3. Johnsons at their own expense may do one or more
of the following during construction of said residence and swimming pool:
A. construct a manhole on the sewer line;
B. construct and tie into the sewer the foundation
and /or floor drains of the residence;
pool drains.
C. construct and tie into the sewer the swimming
4. If at any time after the execution of this agreement
said storm sewer is in need of repair or becomes obstructed, or in any
way fails to function properly at a point where the residence or swimming
pool encroaches on Edina's said easement, Johnsons shall at their own
expense either:
A. make all necessary repairs or remove such
obstruction, as the case may be, or
-2-
B. grant to Edina by proper conveyance a new
sewer easement across their property in a location acceptable to Edina
and away from existing improvements and to construct upon said new
easement a storm sewer of equivalent capacity satisfactory to Edina.
5. If said sewer requires enlargement Johnsons shall
pay so much of the expense of excavating or relocating said sewer on their
property as is attributable to the portion lying under the Johnson house.
Edina shall pay the actual cost of enlarging said sewer, The Johnsons
shall grant Edina any additional easement it may require for the maintenance
of said sewer because of such enlargement. 5
6. This agreement, and the covenants herein contained
shall be binding upon the executors, assigns, and vendees of the Johnsons
and shall run with the land so long as said storm sewer is operating in its
present location,
IN THE PRESENCE OF;
1
- ME
Marion B. .,
VILLAG OF E
By
BY.
its
-3-
F"" v ii � � 4Y R :� •apY"a
,y •;� : c
w
' e
' r
j ffi2fRb3 F4
L,
f.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this jf ��Iday of June, 1964, before me, a Notary
Public, within and for said County, personally appeared Vance A. Johnson
and Marion B. Johnson, 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.�.� a;f
a
s `rrr
( Pete yin; otar?u
Hennepin County, Minnesota
My Commission Expires:
February 20, 1966 '' •,.,,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /°S-''ay of ,` 1964, before me, a Notary
Pubic, within and for said County, personally appeared,�,vp.y
v
and c4/-to me personally known, who,
being each by me duly sworn they did say that they are respectively the
7 - /7.sro's� and the .6'����"•c� �,�,c,� 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 and
sealed in behalf of said corporation by authority of its Board of Directors
and said and acknowledged
said instrument to be the free act and deed of said corporation.
J. N. DALEN
<, lCyr pjjbllc, Hennepin County. NWIL
ptYlmission Expires July 24,. 19kAL
+y 3r •_
•M F -4-
Pe _F. Greiner, Notary- R
He nepintxy:;..; Minnesota
My Conffi fission Expirle :
Fibruary 20, 1966
AGREEMENT
THIS AGREEMENT, made and entered into this
.a ,l =day of , 1964 by and between Vance A. Johnson and
Marion B. Johnson, husband and wife of Hennepin County, Minnesota,
parties of the first part, (hereinafter collectively referred to as
"JOHNSONS ") and the Village of Edina, a Minnesota municipal, corpor-
ation, party of the second part, (hereinafter referred to as "EDINA ").
WITNESSETH:
WHEREAS, Johnsons are the owners of a certain
parcel of land situated within the corporate limits of Edina and legally
described ass
Lots One and Two, Block 1, Hyland Acres,
according to the map or plat thereof on file
and of record in the office of the Register of.
Deeds in and for. Hennepin County, Minnesota, and
WHEREAS, Edina has a permanent easement for
sewer purposes over portions of both lots as more particularly appears
on the plat of Hyland Acres and has previous hereto installed a storm
sewer in said easement, and
WHEREAS, Johnsons desire to construct a residence
and an outdoor swimming pool on said lots, the proposed location of which
improvements would encroach across portions of Edina's easement, and
WHEREAS, the said storm sewer is at a depth below
the proposed foundation depths of Johnsons' residence and swimming pool.
NOW THEREFORE, in consideration of the mutual
covenants and promises of the parties hereto, it is stipulated and agreed
as follows:
1, Johnsons are hereby granted leave to construct
a residence and a swimming pool over portions of Edina's sewer easement
on Lots I and 2, Block 1, Hyland Acres, Hennepin County, Minnesota.
2. Johnsons agree not to disturb said storm sewer in
any way during or after the construction of said residence and swimming
pool. In the making of the contemplated improvements Johnsons agree that:
A. all foundations will be a minimum of 4 feet
above said storm sewer;
B. all foundations and slabs shall be reinforced
for a distance of not less than a feet on each side of the center line of
the sewer pipe so as to exert no additional load on said pipe.
3. Johnsons at their own expense may do one or more
of the following during construction of said residence and swimming pool:
A. construct a manhole on the sewer line;
B. construct and. tie into the sewer the foundation
and /or floor drains of the residence;
C. construct and tie into the sewer the swimming
pool drains.
4. If at any time after the execution of this agreement
said storm sewer is in need of repair or becomes obstructed, or in any
way fails to function properly at a point where the residence or swimming
pool encroaches on Edina's said easement, Johnsons shall at their own
expense either:
A. make all necessary repairs or remove such
obstruction, as the case may be, or
B. grant to Edina by proper conveyance a new
sewer easement across their property in a location acceptable to Edina
and away from existing improvements and to construct upon said new
easement a storim sewer of equivalent capacity satisfactory to , Edina.
5. It said sewer requires enlargement Johnsons shall
pay so much of the expense of excavating or re1c.-cating said sewer on the'in
property as is attributable U.) the portion lying under the Johnson house.
Edina shall pay the actual cost of enlarging said sewer. The Johnsons,
shall grant Edina any additional easement it may require for the maintenance
of said sewer because of such enlargement.
6. This agreement, and the covenants herein contained '
shall be binding -upon the executors, assigns, and vendees of the Johnsons
and shall run with the land so long as said stcrrm sewer is operating In its
present location.
IN THE, PRE SE NCE OF-.
IL—kA
Ct.AA �j I&MLAI-1
k. Johrisono
-3-
Vance A.
Johnabn
V
Ct.AA �j I&MLAI-1
k. Johrisono
-3-
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this —L2—lday of June, 1964, before me, a Notary
Public, within and for said County, personally appeared Vance A. Johnson
and Marion B. Johnson, 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,
Notary Public
Hennepin County, Minnesota
My Commission Expires.-
February 20, 1966
STATE OF MINNESOTA
as.
COUNTY OFHENNEPIN
On this .16--�Iay of J+ww, 1964, before me, a Notary
Pilbic, within and for said County, personally appeared
and
to me personally known, who,
being each by me duly sworn they did say that they are respectively the
I'LA/ ;5- /x1 ,;- and the of the corporation named in
c.
the foregoing instrument, and that the sea! affixed to said instrument is the
corporate seal of said corporation, and that said instrument was signed and
sealed in behalf of said corporation by authority of its Board of Directors
and said
and —acknowledged
said instrument to be the free act and deed of said corporation.
- 014142 41t'
P-�= F. Greiner, Notary -F-Mlic
N. DA LEN - ----- No
t€
,,'.Otanj rulhlcl cc.."Itv, Minn- epi6'Cq t
31n y' innesota
My C DwMissioft-Expxres:
F66ruary 20, 1966
=4-