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HomeMy WebLinkAbout1088W2519 m014 EASEMENT FOR SANITARY SEWER THIS INSTRUMENT, Made this L` day of ,1965, by and between JAMES R. PETERSON and BETTY W. PETERSON, 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 considera- tion of One and no/100 ($1.00) Dollars, 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 Easem6nt in perpetuity for sanitary sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing a sanitary sewer system in and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A permanent easment over, under and across that part of Lot % Block 1, "Edina Highlands ", accotding to the map or plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, which lies West of a line drawn parallel with and 10 feet East of, measured at right angles to, the West line of said Lot 5,a Also a temporary construction easement whieft shall terminate on December 31, 1965, over a 10 foot strip of land lying immediately East of and adjacent to said permanent easement. This instrument is exempt from &ate 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 sanitary sewer 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. Party of the second part, by the accept- ance of this easement further agrees (1) to correct any ground settling that results frcam the construction or maintenance work on said sanitary sewer so as to place the property in as nearly as possible the same condition it was in immediately prior to such construction or maintenance work, and (2) that if any M N 2519 PAOF315 present or future owner of said Lot 5 shall erect a fence over the above described permanent easement, the party of the second part will replace and repair such fence if moved or damaged as a result of maintenance work on said sanitary sewer so as to place such fence in as nearly as possible the same condition and location it was in immediately prior to such maintenance work. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. InYmence of: C - STATE OF MTNNESOTA� ss. COUNTY CF HENNEPIN) On this t to day of ( ,196% before me, a Notary Public within and for said County, personally appeared JAMES R. PETERSON and BETTY W. PETERSON, 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. �s.� -'gal) „SF v' ct' r ?rj�ett i i FLORENCE t. HALLBERO Notary Public, Hennepin County, Mingj My Comrnis3i0n Expims i1ec. 31, 197; Filed for record on the 12 day of Nov AD 1965 at 9 o'clock A.M. lim,111,111M oommry of i6pl-Nzp1pl, hereby certify tw-the-Wobin Instrw"* Wft-v filed for re-!—Wilt this aft -6 on, 'kJA ],% .tay Of WV- 1. 0. 145- t �tA-, and was duly reo(,ro V in "ge 3I e c A" .iSIER 04t OF A� TRANSFER ENTERED OCT 242 1 ROBER-Tf. FITZSIMM AVqjjgR H) y J'ou INN. i . 0 y mx437 EASEMENT FOR SANITARY SEWER THIS INSTRUMENT, Made this 2 day of January, 1966, by and between ELMER R. SALOVICH and PATRICIA ANN SALOVICH, 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, That the said parties of the first part, in considera- tion of One and No/100 ($1.00) Dollars, 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 sanitary sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing a sanitary sewer system in and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: That part of Lot 4, Block 1, "Edina Highlands", according to the map or plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, which lies East of a line drawn parallel with and 10 feet West of, measured at right angles to, the East line of said Lot 4. Party of the second part, by the acceptance hereof, agrees (a) to replace any shrubs or sod removed, and to repair any driveways or pool decks damaged, due to any construction or maintenance work on said easement area so as to place the same in as nearly as possible the same condition it was in immediately prior to such construction or maintenance work; (b) to correct any ground settling that results from any construction or maintenance work on said easement area so as to place the property in as nearly as possible the same condition it was in immediately prior to such construction or maintenance work; (c) that parties of the first part, their heirs and assigns, may construct and maintain a priv &te driveway leading off of Lochloy Drive to the residence on said Lot 4 and over and across said easement area, subject, however, to all then existing and applicable rules and regulations of the Village of Edina, and provided that parties of the first part, for themsleves and their heirs and assigns agree, and they do hereby agree, that they will pay for the cost of tlID25.34 w438 repairing all damage to the sanitary sewer system in said easement area due to the construction or maintenance of such a driveway; (d) that parties of the first part may construct and maintain a pool deck over said easement area for a distance of not more than five feet (5') Easterly of, measured at right angles to, the Westerly line of said easement area, subject, however, to all then existing and applicable rules and regulations of the Village of Edina, and provided parties of the first part, for themselves and their heirs and assigns agree, and they do hereby agree, that they will pay for the cost of repairing all damage to the sanitary sewer system in said easement area due to the construction or maintenance of such a pool deck, but no other part of any pool or other improvement placed on said Lot 4 shall be located on, in or over said easement area. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. STATE OF MINNESOTA) i Elmer - Sallovich 1 Patricia Ann Salovich y as. COUNTY OF HENNEPINi On this jday of January, 1966, before me, a Notary Public within and for said County, personally appeared ELMER R. SALOVICH and PATRICIA ANN SALOVICH, 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 an .Reed. /RAYMOND A. HAIK Notary Public, Hennepin Cotlrty, ilGnn, My Commission Expires June 12, 1867. A "1t • �`t' rr t STATE DEED TAX !Z "-7 "Eo�t. . M 7r pDox2534 43!, C O N S E N T NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS, the holder of a mortgage on said Lot 4, Block 1, "Edina Highlands ", does hereby consent and agree to the foregoing easement and hereby subordinates its mortgage interest in said Lot 4 to the interests of party of the second part created and granted by the foregoing easement, In Presence Of: • 11 �+ By I -Asst. vice President And aid pyS✓ rA..�r, •y w r r t_7 t STATE OF MINNESOTA) '. d v COUNTY OF HENNEPIN) February On this 7th day of deawary, 1966, before me, a Notary Public;, in and for said County, personally appeared A. J. Burke and James W. Paradise to me personally known, who, being each by me duly Asst. Cashier sworn, did say that they are respectively the Vice P,sgaident and Asst. of the national banking association named in the foregoing instrument; that the seal affixed to said instrument is the corporate seal of said association; that said instrument was signed and sealed on behalf of said association by authority of its Board of Directors; and said A. J. Burke and James W. Paradise acknowledged said instrument to be the free act and deed of said association. AANETTE J. JOHNSQN h OWY PubtiG, H6(ii �� 060 jft knn. My Commission *, c !r43,$0P � ,.y Filed for reoord on the 11 day of Fab AD 1966 at 9s3O oto look A.M. w J 359 11,14r, 1088 j V / OFFICE OF RE?ISTE3 OF DEEDS STATE OF MINIiESniA COUNTY OF H= W'EP!N' I herebq rertlf'.r t.', i` the urth47 in,trurnent �.,al in th!" go on - the . 11 x FEB- in book 0.-- By DUTY REGIS : np DEEDS E, TERED 11 1966 � S ROBERT F. Ff IMMONS, HENN A u DENS' 44" this and bed JUM fit. dam' and D m W. PET , of the County of *jmd Butte Of ltisaratee *tn, parties of the, first pull wA the y:Cium at ams a. afticipal corporation orparrtud mder the lave *t the State of KinnesoUs, party of tbo seelwA . WM d' , 71i T the said parties of the first part, LA eamolde uft tlen.of One and n0/100 ($1.00) DGUArSo to thou in hand paid by the, mid ' ► of the second part,, the reaelvt whereof to, �'bereby:."lAowleedde d * to oftts Bergin, Sells Convey and worreat_ to said. party.af the seoeod part an lasamot `- in perpetuity for sanitary severer puarposee %', nc3.suting the right to enter leer► the parposea of constructing, matinta ning, altert.xa ' *spataring and reconstructing s sanitary ewer system in n-A over the following described property site in the County of Hennepin and State of Ninane# ta, to -grits A poManent easement over, tender aM ecross that part of Lot % Block 1, "Edina Highlands", **cording to the snap or plat thereof on file or of rt`etct7x'd in the office of the Register of Deeds in and for Hennepin County, Minnesota# which Lies West of a Us* drsrra parallel with. and lQ feet last Of,_ aeeetsuXed at right angles to, the West lamer of said Lot 5.. Also sa t *oro ry construction easement *6M shall terai:neato an December 310 1965, over a 10 toot vWV of letter 1y1ft. Ixoteediately lost of and *Qawmt, to said poreaw"at ease menu This instrussat is oxatpt from **to deed tare It is the Int4MUcA cued ar*ftoat of the p wale s It�rreli�r�� 'fit party af the sball to 1rles e+dauOvAtiou p or r �eeA+� eaf s+e44 sanitary itary soverr ,r oplato mW sbrobs or Bead; reamd by toy oxemat-t4 G ,14 004iftUss VAth suush COMMUNCtiOn Or SlaiAUX&MM VQTk# irr rae &*WA r as VO"V#U des" SOW teas tis 1�r1 s ,� �" of tJ�r atee+aaeraad �� = . am* of tus rr eer O to *arftot iuw VW40A *Ottuas results frrroae the oanotmUce er work to +maid saottare swo" �► as to P2400Abo piper ► Postue the sow 00MMON I$ ato r der to 00 assr"tion 4w awm ire► Voft. am (p ) t ww STATR ar mumorl fill. COAM or ") Lj; On this w..& off' �.a(,. -- ..,..M.w. 1�6 r' before me'$ a N Uc within and for Said CountYs Persmallv appeared, J A. TIUMM and t W, PETEMOR , .husband md wife, to me known to be the persons d ift and who executed the forao-going instrweAt., acknowledged that wmated the SMS AN thtir free salt and . U (Notarial Goal) FLORENCE B. WILLEIM Notary Public, Hennepin County, Ml"* My.Commission Expires Uec. 31, 101;, E X H I B I T A That part of Lot k, Block 1, "Edina Highlands ", according to the map or plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, which lies East of a line drawn parallel with and 10 feet West of, measured at right angles to, the East line of said Lot 4. Also a temporary construction easement which shall cease and terminate on December 31, 1965, over a strip of land 10 feet in width lying Easterly of a line drawn parallel with and 10 feet Westerly of, measured at right angles to, the Westerly line of the 10 foot strip of land above described. Names of persons interested and the nature of their interest are as follows: Elmer R. Salovich Patricia Ann Salovich Northwestern National Bank of Minneapolis, a national banking association County of Hennepin Village of Edina NATURE OF INTEREST Fee Owner Fee Owner Mortgagee Taxes Assessments The purpose of the taking as to the above parcel is to acquire a perpetual easement for sanitary sewer purposes over, under and across the 10 foot strip of land above described and a temporary construction ease- ment over the 10 foot strip of land second above described.