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HomeMy WebLinkAbout12733642'7'79 W2578 ,225 EASEMENT FOR STORM SEWER THIS INSTRUMENT, Made this 15th day of September , 1966 , by and between John D Lyon M.D. and Evelyn S. Lyon. husband and wife of the County of Hennepin and State of Minnesota, parties of the first part, and the Village of Uina, 4 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 Ease- ment in perpetuity for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and recon- structing a storm sewer system in, under, anal over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: The West and South five feet (51) of the East thirty -six and five tenths feet (36.5x) of Lots 11 and 12,,Block 12, Mendelssohn Addition. Together with a temporary construction easement fifteen feet (151) in width on the East and North side of the above described permanent easement, said temporary easement shall terminate on December 31, 1966. This instrument is exempt from State Deed Tax u 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 storm sewer replace any shrubs or sod removed by any excavation in connection with such con- struction or maintenance work, in as nearly as possible the same condition as before such excavation. +l ,1Sr cR t;�'S FRED '� RA pH l� 19 aR X257'8 Pa226 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) �,JW On this 15th^ day of September , A.D. 19 66 , before me, a Notary Public within and for said County, personally appeard John D. Lyon, M.D. and Evelyn S.-Lyon , husband and wife to me known to tie the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. FED a' -^i ^E fit: Hai t 3FRl; - cmn'y, Minn. Fly Expires Gne. 31, 1971 Filed for record on the 20 day of Jan AD 1967 at 9s30 o'clock A.M. A 3G427'79 -10120-67 2 7 -1 002.359a B OFFICE OF REGISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNE:PIN hereby certify that the within, i,173 tV!j I- v, -- -f 1;?d for rrr- -4 in this , I ), 20 'aU 0! JAN 1. D. 1967 0 clock N., and was duly receFC;. 14 of - REG ILa Or L—- By DEPUTY PE(3fSTFP OF DEEDS 0 3642'7`7�� i EASEMENT FOR STORM SEWER THIS INSTRUMENT, Made this 15th day of September , 1966 , by and hetween Jew s if.D. aid 1welys S. L�► 6osbl�ad acid vif& -, -- 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 herehy acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Ease- ment in perpetuity for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and recon- structing a storm sewer system in, undery ani over the following described property situate in the County of Hennepin and State of Minnesota, to -wits US V"t .reed live fact (S') of the toot t%tety "dx aad liter tfttbe feet ;34059 41 Uts 11 wed 110 ilorak us aft" AA&f►tleik. 1 r Via a towomy emwtvWtum ""Mat fifteft to" 'i to nth on the 14wt and Nowth •ids of stet► Almne de eU" pezu2nout t s SO" te"emw ti t shell tecola to an thwsrriw r sit 1lii. This imtra"at is eme"t frsu $tat* OMW 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 saki storm sewer replace any shrubs or sod removed by any excavation in connection with such con- struction or maintenance work, in as nearly as possible the same condition as before such excavation. w • TRANSFER ENTERED JAN 17 oN 67 ROBERT f,, JIjl ,,� • IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: A7,44 1 .7 1 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) [vift) ;iwbatd) On this 15th day of septa"r A.D. 19 " , bef ore me, a Notary Public within and for said County, personally appeard John D. L"t. X.H. and _ =wl t 7i. L-"a , lmwbmd and Vat , to me known to Le the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) FLOR= c g. HnLLBER� v Notary Pu�j' He;, n MY Cs;ami " p,r �OLIWY, Minn, �� Expires Lec. 31, 1Ji1 3G42779 OFFICE OF RESISTER OF DEEDS STATE OF MINNLSO-,A COUNTY OF H!:NHIZPtN hereby eertif,i �hP "I"', -I "od f0., - :)1) thc 20 :a JAN 1967 y -3 0 o c/ockc,2., a—, -vu, bDoA 4: OF 0E-OS By DEPUTY REGISTER OF DEEDS ou'plicate Filing 0 'ate Ceti le 25 Cents JAMES E. DORSEY (1889-1959) DORSEY, OWEN, MARQUART, WINDHORST Sc WEST DAVID E. BRONSON EDWARD J. SCHWARTZBAUER KENNETH M. OWEN THOMAS M. BROWN DONALD WEST CORNELIUS D- MAHONEY LAW OFFICES OF COUNSEL WALDO F. MARQUART THOMAS S_ ERICKSON LEAVITT R BARKER JOHN W. WINDHORST MICHAEL E. BRESS LELAND W_ SCOTT HENRY HALLADAY PAUL G. ZERBY 2400 FIRST NATIONAL BANK BUILDING HUGH H. BARBER JULE M. HANNAFORD RAYMOND A_REISTER ARTHUR B. WHITNEY JOHN J. TAYLOR JOHN G. DORSEY BERNARD G. HEINZEN M INN E A P O L I S, M IN N.55402 RUSSELL W. LINDQUIST WILLIAM J. HEMPEL DAVID R. BRINK JOHN S. HIBBS TELEPHONE HORACE E_HITCH ROBERT O. FLOTTEN 332 -3351 CABLE ADDRESS: VIRGIL H. HILL MORTON LSHAPIRO AREA CODE 612 DOROW ROBERT V. TAR BOX JAMES F. MEEKER 0I,FOREST SPENCER JOHN D. LEVINE ROBERT J. JOHNSON ROBERT J. STRUYK MAYNARD B. HASSELOUIST MICHAEL A. OLSON PETER DORSEY LARRY W- JOHNSON November 25 1966 GEORGE P. FLANNERY THOMAS S- HAY CURTIS LROY CURTIS D- FORSLUND ARTHUR E.WEISSERG G_ LARRY GRIFFITH DUANE E. JOSEPH CRAIG A BECK FREDERICK E. LANGE DAVID L. MtCUSKEY JOHN W- JONES THOMAS 0 -MOE JAMES B.VESSEY JAMES H- O�HAGAN WILLIAM A. WHITLOCK JOHN M. MASON CHARLES O. HOWARD Mrs. Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota Dear Florence: I have prepared and enclose herewith three copies of an Application by the Village of Edina to obtain a 10 foot strip of land over Lot 12, Block 12, Mendelssohn for purposes of storm sewer easements. This application is to the State of Minnesota since the said lot has been forfeited for non - payment of taxes. It is necessary, since it has been forfeited, to file three copies of this application with the County and if approved by the County, the State will consider the matter and if approved by the State they will convey to the Village the requested property. Will you please, therefore, have all copies of the enclosed application signed by Mr. Bredesen and yourself in the two spaces noted for your signatures and have a Notary Public complete the jurat in the lower right hand corner and return all copies to me. If you have any questions, please advise. Very truly yours, Thm hS_.E ickson TSE:ca Enclosures December S, 1966 Mr. Thongs S. Ericckecan 24;00 First N.7tional Binkk Bldg. Minneapolis: Minn. 55402 Dear 'Tome The_ executed copies of an Application by the Village to obtain a 10 font strip of land over Lot 12, Block 12, Mendelssohn Addition., for gurno ses of stocm sewer; easements, are enclosed herewith. Yours very truly, Village Clerk fbh fenclosures i Adoa" � F A 6a Otl3X Otl3% Otl3%i DORSEY, OWEN, MAROUART, WINDHORST EE 'WEST l JAMES E.owISEYLna -nsn DAVID E. BRONSON EDWARD J. SENB'ARTLBAUM - KENNETII K OWEN _ THOMAS K BROWN DONALD WEST CORNELIUS O- ANONLT LAW OFFICES OF COUNSEL WALDO E MAROUART THOMAS S. ERICKSON LEAVITT L BARKER JOHN K WINDHORST MICHAEL C. PRESS LELAIIO LBCOTT HENRTHALLADAY JULE K RANMAFORD PAUL 0. EERBY 11400 FIRST NATIONAL SANK BUILDING NIWN KBARBEl1 ` RAYMOND A REISTER ARTHUR L WHITNEY JOHN 0. DORSEY JOHN J. TAYLOR NEEM I N N[ A r O L 18, M I N N. i i 4 0 i j. BERNARD L HD M RUSSELL L LINDQUST WILLIAM J. REMPEL DAVID It DRINK HORACE I' "ITCH JOHN S."IBBS TELEPHONIC E' ROBERT a FLOTTEN !32 -!1151 CAME ADOMM: i NRGL N. WILL ROBERT K TARBOK MORTON L. SHAPING AREA COD[ SIB DODOS JAMES F. MEEKER •1 DFFOREST SPENCER JOHN L LEVINE 7 ROBERT J. JOHNSON ROBERT J. STRUYII V. MAYNARD B. HASSELOUST MICHAEL A. OLSON t • PETER DORSEY WIRY L JOHNSON GEORGE R I LANNERT CUW U1 L. ROY THOMAS L NAY 3 CURTIS LFORSLUq December 13, ; I 1966 ARTHUR E.WEISBEN G.LARRY ORIFFITN 1 DUANE LJOSEPH CRAW ABECK FR[Dam LLAMBS DAVW L VACUBKET - JOHN LJOMEE JAMES L VEBBEV THOMAS 0. MOC JAMES K OIIAOAN WILLIAM &WHITLOCK JOHN K MASON CHAD= 6 DOMAIN) .. - Mrs. Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota Dear Florence: On November 14, 1966, the Village Council adopted a resolution requesting submission of an application in the State of Minnesota to obtain' storm sewer easements over a portion of the West 138.5 feet of Lot 12, Block 12, Mendelssohn Addition. Thereafter, the necessary application was prepared and submitted to the County and the County then advised us that this property was sold by the State of Minnesota to one Robert G. Stire and Lillian M. Stire, husband and wife, as joint tenants. The sale was for $2,113.61. The buyers reside at 405 Lake Road, Hopkins, Minnesota. Upon checking with the County as to why these properties were sold, they advised us of and gave to us a copy of a resolution by the Village Council passed March 16, 1964, whereby the Council approved the sale of this property, and other properties, as non - conservation land. It appears, therefore, that for a period of over two years the Village has had opportunity to buy this property and not having taken that,opportunity, the State has, now sold it. I think it therefore incumbent upon the Village, if it desires to obtain the storm sewer easement over the property, to obtain an easement from the buyers. A copy of the resolution given to us by the County is attached together with a copy of the non - conservation list to which the resolution relates. i If you have any questions on this matter, please advise. F . Ve truly yours,, TSE:ca s S. Erickaen Enclosures . G.+ �.: ry:, �., N, t�. at,. wvr�:.+. �A�N�YS+ �x'{ �il "..µT�r`p'�i''"-9.u1 ».,�a..+r., Y,+n�.:w;. s. w,.. n� .:F: {�,w.�.•.y,_*r.R:eia we.W. ,,::. W.».. wre, r+ Y�eT "�KN + "'�;'*'V'Rw�'+'w^` "^iy�t' Ott. � .°tiH+sw'41MP4iRMF+owlsr` »irXo.n I 1. k. VP - 'Y" ,i,..,"k'+�SA'X? gar °:.L�Cr°:i "' D1°tfl "a'1!�'114!R.ai4CluiR�le ,>T^T'.wri •*r'v -`•rir K+-- -- «s,i°"e` !� ,,:5:'@.- ,ws'•:.• --u�. 4'•.. IUL Ad03 a, Ad00 • Ad00 "y (d00 ; O.�tl7 Otl3% 0212. } Otl3% `yak• � 1 r e.e�� �L ! ;. i , Y i u1'i t , ..� �•. /y! Y RESOLUTION NO. ho ,�p�t w � yytrl�•e •�1 rwi.rrrr t o -' `: " 8., i. , ,rH " if {7 Wgs - Sf? RESOLUTION FJUTING TO CLASSIFICATION AND SALE OF TAX FORFEITED PROPERTIES , j y' WHEREAS, the Village Council of the Village of Edina, Hennepin County 1 Minnesota[" has`rsoeived from the County Auditor of Hennepin County, Minnesota,. "I - a 11st oflaada in said Village which became the property of the State of - , Minnesota under the provisions of law declaring the forfeiture of lands to the`�r';9 f ` State for non- payment,of taxes, ich said list has been designated as Claaai� w S fication List 1t577- C11,;February, "q 1964; and WHEREAS, each parcel of land described in said list has heretofore been classified'by'the Board .'o County Commissioners of, Hennepin County Minnesota r as non- COnBervation land "and the sale thereof has•.heretofore +been authorized >' ` by said Board og County Commissioners: �k "° i• NOW, THEREFORE BEITRESOLVID, by said Village Council, acting pursuant Y� a f to Minnesota Statutes �for"--1957, Section 289.04 Sub& 1; • that the sail 'alassi- k bit said Boaird:�ofrGounty, Commissioners of each such parcel of land do-:-;. +' eA »y; scribed in said list as non conservation land be and the same is hereby ap» ;! proved and than ;the sale of each such parcel of land be and the "wee is hereby { :.' approved: