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HomeMy WebLinkAbout1342:3710 -187 GRANT OF Y.MMWIT . e THIS 11ND : ':UU v Made this L � day of 1968* between Superamerics, Stations, Inc., a corporation Linder the laws of the State of Minnesota, party of the first part, and Village of Udinat a municipal corporation under the laws of the States of Minn sota# party of the second part, WITUESSS , That the said party of the first part, in consideration of the sum of ONB DOLE and other good and valuable consideration to .lit in h*nd pa► d .o:y the saatid party of the second part, the recerivi ws aroof ies + ' It tlCne let c ed, doss hereby Grant, Sargain, +ill, icl coon ey unto;: t ae. said party of they second k part, its successors and a wsi4zs<S," ror, avar, an easement for public roach and uti.l.i.ty p rpoase6ssa,, `seaid road being a pro - called "Service Read" over and urn° th a tract. �r pa►rc+sek of -land lyiAg and being in the County of .Uannepin And State *t-minnesota, described an follows, to -wit including the right to construot, reoonstructp maintain, and repair said roach and the right to install, reinstall, Waintaixa, and repair public utilities therein. As part of the consideration for this Grant of Easement, t TAXP PAID GEORGE B. HICKEY, AUDITOR HENNEPIN COUNTY NN. _ DepUb By DUPLICATE APR 17 1968 No.�� 2 Registration Tax here �. Sv Dollarsd` KENNETH E. PETTIJOHH CO. TREAS. Countersigned: Dep ' GEORGE B. HICK Cony Auditor By Deputy IrAXES PAYABLE !N 19 ON WITHIN DESCRIBED PROPERTY ARE PAID. CONDITIONAL RECEIPT ISSUED. i T'T$tws f r f` F-Pu>irk i u r with the said party;of the second part, its successors and "signs, that it is well seized in fee of the leads and promises afC'►rosalid, The said party of the first part hereby agrees and thus IN TESTIMONY WHZREOr, the said first party has caused these presents to be executed in its corporate nam by its President and its ~' - and its corporate seal to be here» unto affize4 the day and year first above written. Matte ides �a p�eitens ,�a t Tax due hear an SCAB RICA STATIONS, INC. •<� ^mart. °�' � Its B� Cil �G" V tom'- And Its STATE OF MINNESOTA ) , /6n IC-A /M SS- COUNTY Olt 0 T `) (seal) On this 2nd day of - ►-���� 1968, before as appeared 5 0 1 e v h T rc Ana �. to as personally known, er o, sn sworn; ­&U at o that the are the of Supeltramerica, Stat.ionri, Inc*, a corporation* the foregoing instrument is the corporate seal of said corporation, rattion, and than said instrument was executed in behalf of said corporation by authority of its Boa +fig Directors; and that sand . " o 3 z acknowledged said inst nt e act and - do . o sac rpOration. i R1C11ARO V. JACK69N_ Notary Public�b W-6.E�!+"'Zounty, MMa. —3— My Commission Expires. Fib. 2Z, 1974. 3710187, 187 003.25�'j A OFFICE OF Rr(r,! R VGF DEEDS STATE OF MINNESCTA COUNTY OF HErL4NE:PIN hereby certify that the within instrument lf—,7 fled for record in this , ffice on the a 'ay APIR 4- 't vjcts dilly in book 0 c/o RENEW 3710187 CORDS S f,EUISIER Of UELUS IrEGISTER OF DEEos FAEGRE & BENSON LAWYERS 1260 NORTHWESTERN BANK BUILDING MINNEAPOLIS, MINN. 55402 :3710187 GRANT OF EASEMENT THIS INDENTURE, Made this ��`: day of�:��r�. , Jr 196.8, between Superamerica Stations, Inc., a corporation under the " rluws of the State of Minnesota, party of the first part, and Village of Edina, a municipal corporation under the laws of the State of Minnesota, party of the second part, WITNESSETH, That the said party of the first part, in consideration of ;the sum of ONE`bOLbAR and other good and valuable G consideration to it in hand paid by'-the said party of the second, part, the receipt: whereof is hereby acknowledged, does hereby Grant, Bargain, Sell,'and Convey �unto� the said party-of the second part, its successors and assigns,:' Forever,, an easement for public road and utility purposes, said road being a so- called "Service Road" over and upon the tract or parcel of land lying and being in the County of'Hennep.in and State, of Minnesota, described as follows, to -wit: All that part of Lot 2, Block 1, ENROTH'S FIRST ADDITION, described as follows: Beginning at a point on the westerly line of said Lot 2 distant 50 feet northeasterly from the most westerly corner of said Lot 2, as measured along said westerly line; thence southeasterly at right angles to said westerly line a distance of 40 feet; thence northeasterly parallel with the westerly line of said Lot 2 to the northerly line thereof; thence westerly along said north- erly line to the Northwest corner of said Lot 2• thence southwesterly along the westerly line thereof a distance of 100 feet, more or less, to the point of beginning, including the right to construct, reconstruct, maintain, and repair said road and the right to install, reinstall, maintain, and repair public utilities therein. As part of the consideration for this Grant of Easement, party of the second part had agreed to let a contract for and com- plete construction of said Service Road, with all related access points and connections of such road to Link Road and Vernon Avenue as shown on sheet 11 of the Edina Grandview plans dated September 16, 1966, on file in the office of the Village Engineer, and TAXES PAID APR 171968 `QUIRGE B. HICKEY, AUDITOR HENNEPIN COUNTY, MINN. BY � Deputy APR 17 1969' I5egi'stration Tax hereon of `�, �° Dwtars P4id' KE.NNEM E. PETTIfOHN, CO. TREAS. By r Dept' Countersigned: GEORGE B. HICKEY, County Auditor ey it Deputy TAXES PAYABLE IN 19- ON WITHIN DESCRIBSO PROPERTY ARE PAIO� CONDITIONAL RECEIPT. ISSUED, � Gbu+�itir TaEns.�' = t 9, �- DAPUTY s E` according to said plans, said Service Road was to have access to and from both directional lanes of travel on Vernon Avenue. It is hereby understood and agreed that party of the second part has awarded a contract for the construction of said Service Road with access as provided in said Edina Grandview plans. It is also hereby understood and agreed that said party of the first part, its successors and assigns, will be provided access to said service road from their adjoining premises rin' the same manner as provided in the building permit issued by party of the second part on October 18, 1967,,; to party of `.the.,f'rst part. TO HAVE AND TO HOLD-THE SAME, Together with all the here - ditaments and appurtenances thereunto M1' belonging., or in anywise appertaining, to -'the said party of the second'part,'its successors and assigns, Forever. And the said Superamerica Stations, Inc., party of the first part, for itself and its successors, does covenant with the said party of the second part, its successors and assigns, that it is well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances. And the above bargained and granted easement in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said party of the first part will Warrant and Defend. The said party of the first part hereby agrees and the said party of the second part by its acceptance of this agreement also hereby agrees that in the event said above- described easement, or any part thereof, is vacated or abandoned by the said party of the second part or its successors that said vacated or abandoned easement or portion thereof shall revert to the then owner of said Lot 2, Block 1, Enroth's First Addition, and upon demand by the -2- said party of the second part or its successor the then owner shall pay by cash or certified check to the said party of the second part or its successors the sum of $3,000.00 for the easement so vacated or abandoned, and if only a part of such easement be vacated or abandoned, the then owner shall pay only that amount which bears the same ratio to $3,000.00 as the number of square feet in the vacated or abandoned portion of the easement area bears to the total number of square feet originally within the easement area, and if such amount is not paid to the said party of the second part or its successor within 30 days after demand, the said party of the second part or its successors shall have, and is hereby given, a lien upon the whole of said Lot 2, Block 1, Enroth's First Addition, for the amount due it, with interest thereon at 6% per annum from and after said 30 -day period, as security for such sum, with interest, and such lien shall be deemed to be and shall be, and may be foreclosed in the same manner as, a mortgage on real estate. IN TESTIMONY WHEREOF, the said first party has caused these presents to be executed in its corporate name by its President and its .at L &; ,je,,: and its corporate seal to be here - E X$330T unto affixed the day and year first above written. State Deed Tax due hereon $ "NE In Presence of : SUPERAMERICA STATIONS, INC AtB Its President And Its. Secretary r STATE OF MINNESOTA ) (Seal) t -� C N N 1: ! 04) s s. COUNTY OF ) �ro On this Z %-4 day of 1968, before me appeared and ' X, G to me personally known, who, being by me duly sworn, did say that they are the std &VAt and S r'e a � of Superameri.ca Stations, Inc., a corporation, that the seal aPfixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board was, and that said Ih�e�" Cam, ���cks and ��hosS �c aaay°iedged said instrument to be the free act and deed of sai.a ccsr'porat -4�i: Notary RICHARD W: JAGKSaN Not4 y PuNic, Honn��tin cour>ty, + Inn. - 3- MY 941"K"100 ��t�ires ^�6ti. aZ; 1974,