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HomeMy WebLinkAbout126636311755 THIS III STRu E , , i• ade this ZS - day of December 'SAX12573 M0443 bet�oen J. RUSSELL CARROLL, as General Guardian of the person and estate of Irving W. Oltman, Incompetent, Ward c" County of Hennepin and State of i,Iinnesota, party of the i.r G na__'-:,, u``;C!. the ?Jillarse of Edina, iTUriiCi')al COrpGratiOn Or�uCi (': u-.­6 C17 ,) %Ile ST.cte Gf I i.nresGta, n'wrty of i^c second par- ; L1111- 1 . 41 - � lln"'u the saia p: >.rty of the first part, in ccrl:3ic c r, >- tioin of One and hTo/100 Dollars 01.00), to him in hand paid by th-_ said cf the second part, the receipt whereon is hereby acknowledged, docs Bar;ain, Sell, Convey and Warranty to said party of the second part an �wse:ert in perpetuity for all utility and drainage purposes including, but not bLn; limited to, sanitary sewer, storm sewer, water pipes, including thi-. rija to enter for the purpose of constructing, maintaining, altering, repairir_,,- C� d reconstructing said utility and drainage systems in and over the follo,:;:'_" described property situate in the County of Hennepin and State of ,:inncsota,- to-wit: A ten foot (10') wide strip of land lying within Lot 13, Block 10, West Minneapolis Heights and adjacent one -half (1/2) of vacated alley, the center line of which strip of land is described as follows: Commencing at the Southwest corner of said Lot 13; thence Northerly to a point on the North line of said Lot 13, which point is five feet (5') East of the Northwest corner of said Lot 13. Also a temporary construction easement, ten (10') feet in width lying Easterly of and abutting the above described permanent easement. Said temporary easement shall terminate on December 31, 1966. This instrument is exempt from state deed tax. it is the intention and age ee cent oft e Pwrt�ec the party of the second part shall in the construction, or of said utility and drainage systems replace any shrubs or sod rc::c:rcc b-y any excavation in connection with such construction or r:aint- -nance in as nearly as possible the same condition as before suc - cxcaval cn. TRANSFER ENTERED Jac 19 1966 ROBERT F. FITZSIMMONS, AUDITOR ��1111 FIG'OUNTY, MINN. B oK ?573 PAA44 IN WITNESS UIIEREOF, The said party of the first part has hereunt -o set his hand to day and year first above written. STATE OF MI1\1NEESOTA) ) ss. C OMT2Y OF HEiNNEPIN ) Plassell Carroll, as General Guardian of j1he person and estate of Irving W. Oltman, Incompentent Ward On this day of December , 7966, before n:e, a Notary Public, within and for said County, personally appeared J. RUSSELL CIROLL, as General Guardian of the person and estate of Irving W. Oltmax}, Incompetent Ward to me known to be the person described in and who executed t're oreoi:. instrument, and acknowledged that he executed the same as his free act a_c deed, as General Guardian aforesaid. (Notarial Seal) r •c y A 97 UAVM McCARTHY WfflBTy Publicly Hennepin County; xrtaii/ r a 40e1mhalon Expires July i � !J Filed for record on the 19 day of Dec AD 1966 at 2 o'clock Me ��3'7'755 L 7 kt FEE ---�' EE 1�Z COPY F DEC 19-66 7 i 5 S 002.2520 6 I' OFFICE OF RE ^ISTER OF DEEDS - STAIE OF MMAESOTA COUNTY -) HENNEPIN I hareb:r of 'if'r hn' the w %thin instrumeht a f r, on the 19 DEC 1966 o aloe j�M., , • �� duly recurued in book Kt,al 1e8 OF UL—)S By i, DEPUTY EGISTER Of DEEDS - I E A S E M E ^,T T i T THIS !NSTRLUiEN1, ',."-de this _day of r ,19A6, by and between J. RUN=& C!,AIMM, !a cblael, dm%Wm at ter new at %'yins N. Ohre S lWaRAWbot. K14td of tine County of Hennepin and State of 11nnesota, party of the firat , anti. the Village of Edina, a municipal corporation organized under the :c,s of the State of Minnesota., party of the second part; WIT.N1 SSP.lii, That the said party of the first part, in co:nsic cra- tion of One and NollOO Dollars ($1.00), to hirll in hand paid by t? e sa -Ll" party of the second part, the receipt whereon° is hereby acknowledged, does Bar_-ain, Sell, Convey and j,rarranty to said party of the second _cart an c.:t in perpetuity for all utility and drainage purposes including, but not bcir limited to, sanitary sewer, storm sewer, water pipes, includin the ri`ht -�o enter for the purpose of constructing, maintaining, altering, repairing and reconstructing said utility and drainage systems in and over the follc in_; described property situate in the County of Hennepin and State of :�:innesota, to-wit: A tft toot (10' ) Nide #trap at ]and I rUW tri tbft Lot 130 dlack 10„ I"t XI MONDW is Rol*" and "J46ftt 0so4" (JA) of suers 00 r4I& amp at U" is dareriw as !obit I CaImmoind at 00 dftum"t eftsw at Said 14t 13, tltftoe Xft-tbWjr to point an the xaaft 11" at asid Lot 13,E ebiab pAut is iiVe tort (5' Mat at the ltwtbost a at Said Lot 13. Aum a tmponwr aaoat"Wtian eeaeuent, teen (10') teat in VIM IYUK Z&Xt lY at Iloar+d 0"ting t W Sban +gibed peswd t $"Meet. Sold UNPO irVY 0*04me ►t AMU teruln"* an Decedw 31s 1966. i80tW4..nt is e3=4* &W #to" &Wd tego It is the intention and of th.e Parties hereto L•nat the party of the second pact shall in the construction, or mainten�.nce of said utility and drainagc systems replace any shrubs or sod re,oved by any excavation in connection with such construction or mainten -once in as nearly as possible the same condition as before such e:ccav TRANSFER cr NTERED ( 19 1966 ROBERT F, I'IMIMMONS, AUDITOR HEN -. I COUNTY, MINN. 0 N WITNESS 'rTH EOF, he said party of the first part has hereunto set his hand the day and year first above written. STATE OF MINNESOTA) ) ss. C OU1v i Y OF HEFN1WEPIN ) f,. 1 Ruseal Carrals " Osumi 0"reift at tm parson and issom at IrTIN W. ol#ua, xnaampentent vary► On this 1�j rk� day of D , lam, bef ore r:e, a Notary Public, within and for said County, personally appeared J, Imaapetaeet Walt to me known to be the person described in and ,rho executed the foregoin- instrument, and acknowledged that he executed the same as his free act and deed of Genera A1m ittd. 4 " (Notarial Seal) Qt VXM UcCARTHr WdW pope. 61"nepin County, Mint,, W Commission Expires July ?.6. 196 R, N 363'7'755 '61D 'Uplicate�j, 'Filing Certificate 255 Cer'" tea—^°-...,-„^ - — OMCE OF RECISTFR OF DEEDS STATE OF MMNESOTA GOU.NTY OF HENNEPIN hereby certify that the within instrument ^^ Fled for i in th?� ^- on the 19 au o DEC . D. 1966 2j o'clock M., anu was duly reeorued in book kEuIS1ER Of DEtUS DEPUTY REGISTER OF DEEDS 4 �� '7 Cr � 57288 t1 oil i J4 STATE OF MINNESOTA, County of Hennepin I � ft PROBATE COURT In the Matter of the Estate of 11 C Ig-66 't 7 11 (1 S(174 8 Irving W. Oltman, ward. X. Order to Grant Ease. _ CERTIFIED COPY a s STATE OF f&tNNESOTA couwrY OP "KHMIRP114 hareby oertify that the wlthie instrument for in tht- on the 18 Q►, o. DEC 1. D. 166 t o'orovh - ., aria was duly recoroed In book �4, Of Page ,ckQii:r.8 ur utcJi By �, DEPUTY REatSTER Or OOCCOS :e l � Lf STATE OF Af NN S0TA,j ss. County of Hennepin PROBATE COURT � r . B 180758 I, ROSE FOSSEEN, Clerk of they Probate Court, within and for said County, and Custodian of the Seal and Records of said Court, do hereby certify that I have compared the foregoing copy of the Order To Grant Easement in the matter of the guardianship of Irving W. Oltman, Incompetent ward. with the original record thereof preserved in this office and have found the same to be a correct tran- script of the whole thereof: In Testimony Whereof, I have hereunto subscribed my name and affixed the Seal of said Court, at Minneapolis, in said County, this 5th day of December , ig-66_ x Clerk of the Probate Court. j F* Filed for record on the 19 day of Dec AD 1966 at 2 o1olook P.M. i o;,, I,IT�jjrj�,,!OTA pROi"ATE C013hT FTLE 110. 5728,J' ORDE; TO (,RATIT lr-,:-7�r.c-tent War(l EA p �')FVI 11' The j"Aiti!)r) on file herein of all Car! —I as nrtl-al ',lllardian of th• pr-rrnn rrtmrl estate, f CUTIC' J111Y -.)n 1'r hearIng, before this curt -,J, Sr- d').Y 'lfA04c--00n&A1 The c-)u-,'l,, hav;nr, read :,,a-l-j the cvlrJ0l-1Cfl, files and records herein xirid bcJnrr fully :h the it appeared to the court that: 1. Petitioner, .1 Cj.rr:o Ll 1, is art J, ndividual residj -r-1 C"unty, i,;jnneC-)ta. S%i(l J. Plls.,,ell Carroll is the duly ,:ritr,d, qualified and general fuar(lian .'If the person arid W. Ward, under• lctt -,r-- -f 1,enepa the as: cis of said War(] ' estate a certain tract o,-' real (,.-tat-(-- in the C,)iu,t,..- --)ff• PE-11110rin and State l,•,t 13, "lix-1: 10, 1,linncapolic- l[e:if,,hts and adjacent one-half of vacated allcy. -1. The Villa;-(-, )f Edina, Mlinncs,)ta, a municipal corporation under the �J' 1, -))(,' ri-r- -ecl State of Minnec-Aa, is seeking to obtain an in z)erpetuity fa-• all utility and purposes as to a de- p�)rtion of the land described in para,,,ra,ph above. Said Villa,.,c ElirL j;- a corporation having the power )f (-,q--'-nent dcamain--. ' Petitioner l-'2Jcvc,: that said easement will not interfere with the use of the surface L`;IJ : bw 11 10 66 of said real estate and that the granting of said easement will in no way be detrimental to said property. Said Village of Edina has agreed to nay all of the costs and expenses incurred in connection with the granting of said easement. Petitioner believes that it would be proper to_grant such_ an easement to said Village of Edina without consideration therefor. 4. The substantive provisions of the easement which petitioner proposes to grant to said Village of Edina are as follows: "EASEMENT THIS INSTRUMENT, Made this day of 19_, by and between J. RUSSELL CARROLL, as General Guardian of the person and estate of Irving W. Oltman, Incompetent ?yard, of the County of Hennepin and State of Minnesota, party of the first part, and the Village of Edina, a municipal corporation organized under the laws of the State of Minne- sota, party of the second part; WITNESSETH, That the said party of the first part, in consideration of One and No /100 Dollars ($1.00), to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does Grant,.Bargain, Sell, Convey and Warrant to said party of the second part an Ease- ment in perpetuity for all utility and drainage purposes in- cluding, but not being limited to, sanitary sewer, storm sewer, water pipes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstruc- ting said utility and drainage systems in and over the follow- ing described property situate in the County of Hennepin and State of Minnesota, to -wit: A ten foot (10') wide strip of land lying within Lot 13, Block 10, West Minneapolis Heights and ad- jacent one -half (1/2) of vacated alley, the center line of which strip of land is described as follows: Commencing at the Southwest corner of said Lot 13; thence Northerly to a point on the North line of said Lot 13, which point is five feet (5') East of the Northwest corner of said Lot 13. Also a temporary construction easement, ten (10') feet in width lying Easterly of and abutting the above described -permanent- easement. Saia temporary easement shall terminate on December 31, 1966. This instrument is exempt from state deed tax. It is the intention and agreement of the Parties hereto that the party of the second part shall in the construc- tion, or maintenance of said utility and drainage systems re- place any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation." -2- LM:I:hw 11 10 66 'JIM1, TIIEREFORE, it is hereby ordered that said J. Russell Carroll, as General Guardian of the person and estate of Irving W. Oltman, lncompra(,nt Ward, be, and he hereby is, authorized and instructed to Cfi,cut, an ClasemEent containing the substantive provisions set forth in paragraph )i above without receiving consideration therefor. Dated: rcbate .Judge L,+ 1- i966 ARK 0$ PR"P\TE cou RT -3-