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HomeMy WebLinkAbout107278CII G15 _ �l. NOTICE OF ADVERSE CIAIM (Section 508.70 Minnesota Statutes) MINNEAPOLIS, NORTHPIEID and SOUTHERN RAILWAY, a South Dakota corporation, has given to the Village of Edina, a Minnesota municipal corporation, an easement for utility and drainage purposes in and over the following described property situate in the County of Hennepin,and State of Minnesota, to -wit: That part of Motor Street, vacated, as shown on the plat of "Brookside Terrace ", lying South of the old. Minneapolis aid'St. Paul Suburban Railroad Company right -of -way and between the East and West right -of -way lines of the Minneapolis, Northfield and Southern Railway's right -of -way, in Section 28, Township 117 North, Range 21 West, said portion of Motor Street, vacated, being 111 feet long and 40 feet wide, except that part of said Motor Street, vacated, lying West of a line drawn parallel with and 37.89 feet East of the original west line of Lot 27, "Brookside Terrace ", extended Northerly across said Motor Street, vacated. The registered owner of the property over which said easement is given is Minneapolis, St, Paul, Rochester and Dubuque Electric Traction Company, a corporation. The ownership of the property over which the easement is given is by virtue of ownership of the platted lot immediately to the South of and adjoining said vacated Motor Street. The grantor of said easement is the successor in interest to the property described in the Certificate of Title hereinafter referred to but has not filed and will not now file for registration evidence of its ownership. The easement given to the Village of Edina grants to the Village of Edina an interest in the property above described adverse to said registered owner. An executed copy of the aforementioned easement is attached hereto and made a part hereof. The registered owner of the above described property is, as stated, Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company, a corporation, as evidenced by Certificate of Title No. 11192 in Volume 35, Page 11192. The address of the Village of Edina is 4801 West 50th Street, Edina 24, Minnesota, and any notice or notices to be served upon it under this Notice of Adverse Claim may be served upon it at such address. VILLAGE OF EDINA (. -Village-Manage� And ���i, / /•G t r Village Clerk VERIFICATION WARREN C. HYDE, Village Manager of the Village of Edina and GRETCHEN S. ALDEN, Village Clerk of the Village of Edina have read the foregoing Notice of Adverse Claim, and know the contents thereof and herein state the same is true and correct to their best information and belief. Warren C. Hyde Gretchen S. Alden Subscribed and sworn to, before me, a Notary Public in and for Hennepin County, Minnesota, this r�day of October, 1964. 1 N. DALEN Notary Public, Hennepin County, Mfrt#Kr MY Commission Expires July 24,197D, (Notarial Seal) f EASEMENT THIS INSTRUMENT, Made this 23rd day of September , 19„_„, by and between MINNEAPOLIS,, NORTHFIEI,D and SOUTHERI+1 RAILWAY South Dakota a corporation under the laws of the State of X1=NX34XL, party 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 party of the first part, in consider- ation 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, in- cluding 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: That part of Motor Street, vacated, as shown on the plat of "Brookside Terrace ", lying South of the old Minneapolis and St. Paul Suburban Railroad Company right -of -way and between the E.st and ''West right -of way lines of the Minneapolis, Northfield and Southern Railway's right -of -way, in Section 28, Township 11T,North Range 21 West, said portion of Motor Street, vacated, being 111 feet long and 40 feet wide, except that part of said Fotor Street, vacated, lying West of a line drawn parallel with and 37.89 feet East of the original West line of Lot 2T, "Brookside Terrace ", extended Northerly across said Motor Street, vacated. 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 TESTIMONY WHEREOF, The said first party has caused these presents to be executed in its corporate name by its Exec Xice- President and its Secretary and its corporate seal to be hereunto,affixed the day and year first above written. In Presence of: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) MINNEAPOLIS, NORTHF'IELD and SOUTHERN RAILWAY l: �M Its Exec .V . -President Its Secretary On this 23rd day of September � 19 64 , before me, a Notary Public, within and for said County, personally appeared I. W. McPherson and D. J. Boyer , to me personally known, who, being each by me duly sworn, did say that they are respectively the Exec .V. ,President and the Secretary of the corporation named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of said cor- poration, and that said instrument was signed and sealed in behalf of said cor- poration by authority of its Board of Directors and said I. W. McPherson and D. J. Boyer acknowledged said instrument to be the free act and deed of said corporation. (Notarial Seal) RORERT A., NELSON N,otary Public, Hennepin Counts, Minn, My Commission Expires Mar. 13, 1962, A 78 -REVS; R-D vnL ----- ------- 10 ZZ OFFICE OF REGISTRAR OF TITLES STATE Or M!NNFSOTA COUN-jY OF HENNEPIN hereb y cei tif; that the -within inStrulnent f h 1 a was filc thl's 6f 19 day c._f 00T A. Lili 106-i at g 5-- E TY I /6F TITLES B D J 6 - " EE, TY REGISTRAR OF TITLES ),x 1072-