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HomeMy WebLinkAbout1223xaoa xdoo xdoa' xdoa lOa3�.r u 1Oa3x Oa3xI Oa3x EASEMENT THIS INSTRUMENT, Made this 15th day of April 19 §j, by and between Minneapolis, Northfield and Southern Railway a corporation under the laws of the State of Minnesota, party of the first I part, and the Village of Edina, a municipal corporation organized under i 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 r party of the second part, the receipt whereof is hereby acknowledged, do i f Grant, Bargain, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for all utility and drainage purposes including, i i but not being limited to, sanitary sewer, storm sewer, water pipes, in- i 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: A fifteen foot (151) wide easement lying seven and five tenths feet (7.51) on either side of the following described line: Commencing at a point on the south line of Eden Avenue, said point being three hundred sixty -five feet (3651) east of the west line of Government Lot 8, Section 28, Township 117, Range 21; thence southerly parallel to the west line of said Government Lot 8 to an intersection with the easterly extension of the south line of Lot 2, Block 1, Wanner Addition; thence westerly to the southeast corner of said Lot 2, Block 1, Wanner Addition. Together with a ten foot (10') temporary construction easement on either side of and abutting the above described easement. Said temporary construction easements will terminate on December 31, 1966. This easement 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 VqTk, tit as noal;ly as possible tbo so= con449WO of b 9QF# Mh Ov01t . ,i, J TRANSFER ENTERED JUL 12 1966 ROBERT F, FITZSIMMONS, AUDIT& HEICCUNTY MINN- 9y J AdOJ i AdOJ Oa3X oa3% •w` IN TESTIMONY WHEREOF, The said first party has caused these presents to be executed in its corporate name by its Exec.Vice- 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, Northfield and Southern Railway Its Ex.Vice- President Its Secretary QS On this 15th day of April 19 66 , before me, a Notary Public, within and f or 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 Ex.Vice 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 j 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. i (Notarial Seal) ROBERT A. NELSON Minn. Notary Public, Hennepin County, My commission Expires Mar. 13, 1967. 4 t r 36131'76 ,« /223 Cef,t �•, r gas frlc,4 for rc(,o? in this �-f A, D. 1°� NNWr • ✓,' �!1 1 � J D 1 Pu 434 3613176 EASEMENT THIS INSTRUMENT, Made this 1- 5,i 5th day of April , 19L66, by and between Minneapolis Northfield and Southern Railway a corporation under the laws of the State of Minnesota, 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: A fifteen foot (15') wide easement lying seven and five tenths feet (7.51) on either side of the following described line: Commencing at a point on the south line of Eden Avenue, said point being three hundred sixty -five feet (3651) east of the west line of Government Lot 8, Section 28, Township 117, Range 21; thence southerly parallel to the west line of said Government Lot 8 to an intersection with the easterly extension of the south line of Lot 2, Block 1, Wanner Addition; thence westerly to the southeast corner of said Lot 2, Block 1, Wanner Addition. Together with a ten foot (10') temporary construction easement on either side of and abutting the above described easement. Said temporary construction easements will terminate on December 31, 1966. This easement 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. r' r i FAGE4�� •_3• -7 IN TESTIMONY WHEREOF, The said first party has caused these presents to be executed in its corporate name by its Exec.Vice- President and its Secretary . and its corporate seal to be hereunto affixed the day and year first above written. In Presence of: AA 0 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Minneapolis, Northfield and SQ.lway r w Its Ex.Vice -Prey t '�lA A Its Secretary On this 15th day of April $ 1966 , before me, a Notary Public, within and for said County, personally appeared 1, W. McPherson and D. J. Boyer , to me personally known, who, being each by me duly sworn, did say that they are respectively the Ex.Vice 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. d v. '> 4 f R^_?ERT A. NELSON Notary pubic, Hennepin County, Minn. My Commission Expires Mar. 13, 1967. Filed for reoord on the 12 day of Jul AD 1966 at 9s2O o'clook A.M. 3613176 REC EE.__. V / V/,o OFFICF OF P.ECISTER OF DEEDS STATE OF "dINiVESOTA COUNTY OF NENNF_'PIN hereby cert(f that the withi;, in- :trum�y,. t r _ led for ream, .d in this aay o ,:,x A. D. 1966 0'0100 , and was duly m, oZS.S /, of c: p UTY RE ;'STfR OF DEED i i C 1 Soo Line Railroad Company August 28, 1986 City of Edina Engineering Department 4801 West 50th Street Edina, Minnesota 55424 Soo Line Building Box 530 Minneapolis, Minnesota 55440 (612) 347 -8000 RE: Easement between Minneapolis, Northfield and Southern Railway and the Village of Edina Gentlemen: Attached is an easement in favor of the Village of Edina dated April 15, 1946. The intent of the easement was for "perpetuity for all utility and drainage purposes including, but not being limited to, sanitary sewer, storm sewer, water pipes." I am wondering if this easement is being used for its defined purposes. Please respond at your earliest convenience. Yours truly, P. T. O'Ma11eG� Y Manager Real Estate PTO:ab attachment CITY OF "EDINA 4801 WEST 50TH STREET, EDINA. MINNESOTA 55424 612 - 927 -8861 September 5, 1986 Mr. P.T. O'Malley Manager Real Estate Soo Line. Building Box 530 Minneapolis, Minnesota 55440 RE: Your letter of 8/28/86 Easement for Utilities Dear Mr. O'Malley: The easement is being used for the defined purposes as a utility easement. In particular, a sanitary sewer line is located within the easement. If you have further questions, please call me at 927 -8861. Sincerely, Francis J. offma , P.E. Director of Public Works and City Engineer FJH:im STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT COURT FILE NO. 19534 In the Matter of the Application of ) GORDON C. LEWIS, ) ANSWER OF DEFENDANT CITY OF EDINA To Register the Title to Certain Land ) COMES NOW THE DEFENDANT CITY OF EDINA, MINNESOTA, AND FOR ITS ANSWER STATES: 1. The City of Edina, Minnesota ( "City ") claims a 15 foot wide easement for utility and drainage purposes pursuant to an instrument filed for record July 12, 1966 as County Recorder Document No. 3613176, over part of Parcel 3, as described in the Report of Examiner herein. 2. The City has no objection to the registration as long as its rights under the above stated easement'are preserved. However, this easement should not be limited to the "Northerly half of Parcel 3," as described in paragraph 4(e) of the Report of Examiner. The City respectfully requests that the easement be described as "a 15 foot wide easement in favor of the City of Edina for utility and drainage purposes filed for record July 12, 1966, as County Recorder Document No. 3613176, over a portion of Parcel 3 as described in said document." 3. The City was also recommended as a defendant due to possible rights of the public in a dirt road located Parcel 3. At this time the City is not claiming any easement rights in the Subject Premises other than as set forth in Document No. 3613176 above. WHEREFORE, the City requests that the Decree of Registration contain an appropriate conclusion protecting and preserving the easement rights of the City as set forth above. Dated: November 30, 1993 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) DORSEY & WHITNEY John S. Clifford ( #180051) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 Telephone: (612) 340 -5618 Attorneys for Defendant VERIFICATION FRANCIS J. HOFFMAN, being duly sworn, states that he is the Director of Public Works and City Engineer of the City of Edina, Minnesota; that he has read the foregoing Answer and knows the contents thereof; that the same is true of his own knowledge, except as to those matters therein stated upon information and belief, and as to those matters he believes them to be true. FRANCIS J. OFF Subscribed and sworn to before me this 30th day of November, 1993. Notary Public CANDICE !. ;EDLER NOTARV P(IBLIC- MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 1.2698 r CERTIFICATE OF SERVICE I, John S. Clifford, say that I did, on the 30th day of November, 1993, deposit in the United States Mail, postage paid, a copy of the foregoing Answer of Defendant, City of Edina, addressed to the following: Examiner of Titles A 701 Hennepin County Government Center Minneapolis, MN 55487 Allen E. Christy, Jr. Hoedeman & Christy, P.A. 1000 Minneapolis Centre 920 Second Avenue South Minneapolis, MN 55402 Gordon C. Lewis 6824 Chapel Lane Edina, MN 55424 Court File No. 19634 Attorney for Applicant Applicant John S. Clifford P- .SDO EASEMENT THIS INSTRUMENT, Made this Mhday of ApAl , 19 66, by and between MiNMPoiis, Northfield sad Southern italivay a corporation under the laws of the State of Minnesota, 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 L 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: A fifteen foot (1S 1) vide oaseusat lying seven and five, tenths feet (7.51) on either side of the following described line: Caseasncing at a point on the south line of Ldea Avenue, said point being three hundred sixtyflve foot (3651) east of the vest line of Gove- o w t Lot 8, 8estion 286 township 117, Range 21; thence southerly parallel to the vest lire of said Cover avaat Lot 8 to an Intersection with the easterly extension of the south line of Lot to Block 1, Vanner Addition; thence Westerly to the southeast corner of said Lot 2, Block 1, Manner Addition. Together With tan footAlo!) zawrary rcostrnatlon eassurat on either side of and abutting the above described easement. Said tempommy construction easemnts will terminate on December 319 1966. 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. LD N SOUTHERN—' OU lb qj B�ROO�KSIDE -AVE. V E -7 60 r U) pl- CD M N 60 7z_ — N (Y cc i t 'T N1vFR 17 Co WA 60 IA j, N tD AVE Vo ZZ '1' ° °; '— - 1:� 'k. t SHERWOOD . %1.1 1 C) . q A Y 97 11 Nj S) I 'k - 16-: — '? Z.: !. 0 AVE, LD N SOUTHERN—' OU lb qj B�ROO�KSIDE -AVE. V E -7 60 r U) pl- CD M N 60 7z_ — N (Y cc i t 'T N1vFR 17 Co WA 60 IA j, N tD AVE Vo ZZ '1' ° °; '— - 1:� 'k. t SHERWOOD . %1.1 1 C) . q A Y 97 11 Nj S) I 'k • 1 ,4) - soo IN TESTIMONY WHEREOF, The said first party has caused these presents to be executed in its corporate name by its EXOGM64- President and its seg!!!g and its corporate seal to be hereunto affixed the day and year first above written. In Presence of: 1. lh. 3T� TE OF MINNE3CT.? ) ) ss. COUI4TY OF HENNEPIN ) Mweapolis, Northfield vw southern gallway Its 411414o"President Its some, rY On this Ifth day of ��si1 , 19-0 _, before me, a Notary Public, within and for said County, personally appeared _I. w, Mcp 9rson and D. J. BBwr , to me personally known, who, being each by me duly sworn, did say that they are respectively the lx.VUtPresident and the SiCSy M 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 DIV*Ciors and said j. r, Mapho"0A and D. J. Hoy4w acknowledged said instrument to be the free act and deed of said corporation. (Notarial Seal) \N5 R-',?ERT A. NELSON faot. y P:..... F c.,.. n C_,cnty, Minn. My Commission Exp,res Mar. 13, 1967. In 4 v): .0 40 p- N;l — ! O ID ID t 4 on N N i 0 N N (Ii .5- r- I CD T -z AVE. 4c -4 ift LAJ 77 ROAD uj Ui C-) j