HomeMy WebLinkAbout1450F6H UTILITIES
S
Tr ; P °:'R LR Et.°f, a.de t h i s day of 19,x, by and
between L'.'. S. Pearsor. and .-Ina Pe <i.rso: , husband and wife; and Hugo Pearson
and Lillian Pearson, husband and wife; of the Counts of Hennepin and State
of Minnesota; rarties of ::he first part, *and the Village of Edina, a muni-
cipal cornoration of the County of Henaenin and State of Minnesota, party
of the second part;
WITNE:");=;ETH, That the said party of the first part, in c-)nsideration
of One and No /10C ( "1.0 Dollars, to hin, in hand paid lov the said partcr
of the second hart, the rece; nt where of is hereby acknow]mdge(% d s t
Grant, bargain, 'ell and Convey to said party of the secora - ^1
cr
merit for the ourrx)ses hereinafter set forth, in and over ttr : b 0
J
described oropert•y situated in the Village of Edina, Count aw iMlr .+
'4.,/
and State of Minnesota, to -wit:
For the purpose of constructing and maintaining a!st.o s„
lap
storm drainage channel, a strip of land twenty (20.0) feet wide, deGeri-
bed as follows:
A strip of land 20 feet, wide described as follows: Commencing
on the 'x)uthwFsterl - line of Lot Eleven (11), Block Two (2),
Richm,,-)nd Hills, 2nd Addition, where said Southwesterly line
intersects the 5outheasterl v line of the right-of-way of Mate
Highway tins. 169 and 212; thence Southeasterly along said
Southwesterly line of Lot .leven (21.) to the Southwesterly
corner of said Lot Eleven (11); thence Northeasterly along
the most Southerly tines of said Lot Eleven (11) to the point
of intersection ff said last described line with the Westerly
line of Richwood Drive; thence Northwesterly along said Westerly
line of t.ichwood !)ri.ve to its intersection with a line drawn
Northwesterly of, parallel to, anf: distant 20 feet from, mea-
sured at right ar:pl.es to, the mo.,t Southerly line of said Lot
Eleven (11); thence ;outhwesterly along said parallel line to
its intersection with a line drawn Northeasterly of, parallel
to, and distant 20 feet from, measured at right angles to,
the Southwesterly line of said Lot Eleven (11); thence North-
westerly along said last described parallel line to the point
of intersection of said line with the Sou�heasterly line of
the right -of -way of State Highway Nos. 169 and 212; thence
Southwesterly along said right-of-way line to the point of
beginning,
It is the intention and agreement of the Parties hereto that the
party of the second test shall is the construction, or mainterea:a+ms of
said utilities, renlaee the surface after any excavation in cownestieat
with such construction or saaintenance work, in as sxarly ,;� no isible the
3amw e^ndit':nn A" C;1 ..) "E) !;rr oXC;.vrf3(),.
T- i, durat. , t. • r *,ne , '.i.11 bp -w t ro►t s,a.1 .
The [)art-.,',Ps ' ' hart he),'hy coveriant and war,, ,unt ; nit. they
have goo•.I title to ,ai;, F;< F. and that the- will ear -=,r • an!i le-
fend -hf, Diu t-a!-,ement and the onjo-
ment in use thereof to the nartY Of
I t make that w,-,r!-anty
,,,h(, VYJ thoF- nar-lies of the first. oar
t',,,)r ,`'ec5elvesf their heirs and assigns forever.
T �
IL� 'XIHEKWF, the said narties of the first part have here-
unto set tte..r hands and seals the day and year first above written.
fn Pr nce of.
4-A- . L_
STATE OF' MINN --PTA )
ss
CGLIN"I'YL OF HENNEPIN )
On this &IIA—V day o," A.D. 19,a, before me, a
Count sonally Appeared
within and for sa:l,,.' t r; W-A 1 0-
;�'T' sons
O.Voop
;
? to me be the
described in and who executed the foregoing instrument, and acknowledged
that they executed the same as their free act and deed.
FLO
*Ma. rim Comm
7,k)
EASEMENT FOR STORM SEWER
THIS INSTRUMENT, made this LV--j"day of April, 1998, by and between JMS
Development Corporation, a corporation of the County of Hennepin and State of Minnesota,
party of the first part, and the City 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 consideration 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 storm sewer purposes, including the right to
enter for the purpose of constructing, maintaining, altering, repairing and reconstructing a
storm sewer system in, under, and over the following described property situate in the County
of Hennepin and State of Minnesota, to wit:
An easement for storm sewer purposes over, under and across that part of Lot 2, Block
1, JOYS EDINA MANOR, according to the recorded plat thereof, Hennepin County,
Minnesota lying easterly of the westerly 40.00 feet thereof, northerly of the southerly
20.00 feet thereof, and southerly and westerly of a line described as follows:
Commencing at the most southerly corner of said Lot 2; thence North 09 degrees 31
minutes West, assumed bearing, along the westerly line of said Lot 2 a distance of
134.37 feet to the point of beginning of the line to be described; thence North 78 degrees
06 minutes 14 seconds East a distance of 45.78 feet; thence South 11 degrees 41
minutes 59 seconds East a distance of 110.55 feet to the intersection with the northerly
line of said southerly 20.00 feet and said line there terminating.
It is the intention and agreement of the party hereto that the party of the second part
shall in the maintenance of said storm 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.
The Grantors, for themselves, their heirs, executors, successors and assigns do
hereby covenant and agree that they will continue to permit that the current utility and
drainage as platted along the westerly 40.00 feet of Lot 2, Block 1, JOYS EDINA MANOR,
which will remain as part of a drainage and storage area for surface waters and that they will
not fill the same nor will they an any manner attempt to change the grade level of same
without a grading permit approval by the City of Edina.
IN TESTIMONY WHEREOF, the said first party has caused these presents to be
executed in its corporate name by its President and CEO and its corporate seal to be hereunto
affixed the day and year first above written.
JMS Developme t Corp
By Jeffrey M. Schoenwetter
Title President and CEO
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
On this 1 day of April, 1998, before me a Notary Public within and for said
County personally appeared: Jeffrey M. Schoenwetter to me personally known, who, being by
me duly sworn, did say that he is respectively the President and CEO of the corporation
named in the foregoing instrument and that the seal affixed to said instrument was signed and
sealed on behalf of said corporation by authority of Jeffrey M. Schoenwetter acknowledged
said instrument to be the free act and deed of said corporation.
(Notarial Seal) -°"
A`
i ^{ MICHAEL EUGENE HAFjd"
x NOTARY PUBLIC. MMWMTA
MY Commission Expires Jan. 31, 2=
"Exempt From State Deed Tax"
This instrument was drafted by: City of Edina
4801 W. 50th Street
Edina, MN 55424
iti All
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EXHIBIT:
szot5 34'E
S ;;,O O 90.88
143 s 34"
63 E
N
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A 1 cm
`1 N
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a
PROPOSED STORM SEWER EASEMENT
OG
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V I
1
10 FT. DRAINAGE & UTILITY
EASEMENT PER THE PLAT I
OF JOYS EDINA MANOR - - - ---
X18
/ Ss� PS�MEn i
c<wAR,,20 FT PR Pj OF 30�5
R
134' 11 S l 400, �O
J�
�O
W
�w
�y
/ ' -2 -CATCH
BASINS
-15 0 0'S
_ 0
17 42 2„
-C L, .72
f- O 40
CATCH
BASIN
t\ SPRINKLER HEAD
STOPBOX
EXHIBIT FOR: ROGER A ANDERSON AND ASSOCIATES, INC.
LEGAL DESCRIPTION: (Furnished by client)
Lot 2, Block 1, JOYS EDINA MANOR, according to the recorded plat thereof
and situate in Hennepin County, Minnesota.
CERTIFICATION:
I hereby certify that this exhibit was prepared by me or under my direct
supervision and that I am a duly Registered Land Surveyor under the laws
of the State of Minnesota.
Dated this 10th day of March, 1998
Revised this 31st day of March, 1998
by- _ajdl
Jack Bolke
Minn rota License No. 20281
NOTES:
1. The orientation of this bearing system is based on the southerly line
of Lot 2, Block 1, JOYS EDINA MANOR which is assumed to have a
bearing of South 74 degrees 00 minutes 00 seconds West.
NORTH
SCALE
1" = 30'
EGAN, FILED & NOWAK, INC. MINNEAP UST MINN. 5554p26
SURVEYORS (612) 546 -6937
p
v $
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EXHIBIT:
szot5 34'E
S ;;,O O 90.88
143 s 34"
63 E
N
1�
�o
A 1 cm
`1 N
z-
z
a
PROPOSED STORM SEWER EASEMENT
OG
�O
V I
1
10 FT. DRAINAGE & UTILITY
EASEMENT PER THE PLAT I
OF JOYS EDINA MANOR - - - ---
X18
/ Ss� PS�MEn i
c<wAR,,20 FT PR Pj OF 30�5
R
134' 11 S l 400, �O
J�
�O
W
�w
�y
/ ' -2 -CATCH
BASINS
-15 0 0'S
_ 0
17 42 2„
-C L, .72
f- O 40
CATCH
BASIN
t\ SPRINKLER HEAD
STOPBOX
EXHIBIT FOR: ROGER A ANDERSON AND ASSOCIATES, INC.
LEGAL DESCRIPTION: (Furnished by client)
Lot 2, Block 1, JOYS EDINA MANOR, according to the recorded plat thereof
and situate in Hennepin County, Minnesota.
CERTIFICATION:
I hereby certify that this exhibit was prepared by me or under my direct
supervision and that I am a duly Registered Land Surveyor under the laws
of the State of Minnesota.
Dated this 10th day of March, 1998
Revised this 31st day of March, 1998
by- _ajdl
Jack Bolke
Minn rota License No. 20281
NOTES:
1. The orientation of this bearing system is based on the southerly line
of Lot 2, Block 1, JOYS EDINA MANOR which is assumed to have a
bearing of South 74 degrees 00 minutes 00 seconds West.
NORTH
SCALE
1" = 30'
EGAN, FILED & NOWAK, INC. MINNEAP UST MINN. 5554p26
SURVEYORS (612) 546 -6937
CONSENT
Nancy H. Schoenwetter, the current owner of the above described
property, hereby consents to the memorialization of this document on Certificate
of Title No. 867729.
NANCY CHOENWETTER
Dated: August 2, 1998
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this jq�-- day of
August, 1998, by NANCY H. SCHOENWETTEPZ, a married woman.
MELISSA VIK
NoTARY 1
MY CWftft E*= AM 31,2000
`)
✓.lJ' I11.11lill./I.II.I�/✓./!� 1
4
Registrar of Titles, Hennepin, MN
Date Filed: 08/26/199810:00 AM
As Doc #: 3060165.0 Copy
On CT #: 867729.0.
C��
r' ember 4., 1953
Pearson Brothers
5405 Mchmo�nd Ltum
Mimearpolis V), Minnesota
Attention: Mr. James B. Pearson
Dear Sirt
Enc3osed, please find t-wo revised copies of the proposed
Drainy pe Eave-ment for Lot 11 Block I
2, of 11 ehm-,nd Hills -4cr nd Addio.
tion which we would aT,-)precinte having, eigned.by S. t% Pearson,
Pearson, Hugo 1,1earson and 'Lillian,, Pearson* One copy of this aaeam.-nt
Is for your f Ue and the other two should be Agreed and returned to
the Villagv Hall with If.-he duplicate Certificate of Title No* 176271 so
that the easement can be recorded, ',-,'hen the easemzent Is placed on re-
cord the certificate of title will be returned to rwu*
In regard to your roquest for strr`et lights in Richmond Hine
kddltiort there has been no written request for one. If you will send
us a lotter addr`* ssed to the Village Council, requeat,3ng the lihts the
p-
Public Works Comittee will look at the site and make their recon.m ands-
tions to the Council. In most carters the rwjueat is granted.
The oiling of Uchwood !,"irive is high on the {,treat Superinten-
dant's list (about nxrnbor five) and should be comolated within the next
few 'W ea
ROMSO
Enc. k2)
Very truly yours,,
Assistant F.-ugineer
VILLAGS OF R'DIVA
JAMES E.DORSEY
JOSEPH H.COLMAN
DAVID E. BRONSON
KENNETH M. OWEN
LELAND W. SCOTT
LEAVITT R. BARKER
HUGH H, BARBER
CHARLES F. NOONAN
DONALD WEST
WALDO F. MAROUART
JOHN W. WINDHORST
HENRY HALLADAY
JUL E M. HANNAFORD
ARTHUR B. WHITNEY
WILLIAM A.GREEN
JOHN G.DORSEY
RUSSELL W. LINDQUIST
DAVID R,BRINK
HORACE E.HITCH
V I R G I L H. H I L L
ROBERT V.TARBOX
De FO REST SPENCER
ROBERT J. JOHNSON
PETER DORSEY
DORSEY, COLMAN, BARKER, SCOTT & BARBER
Village of Edina
4801 West 50th Street
Minneapolis, Minnesota
ATTORNEYS AT LAW
November 19, 1952 FIRST NATIONAL -SOO LINE BUILDING
MINNEAPOLIS2, MINNESOTA
TELEPHONE MAIN 3351
Attention: Mr. Joseph Zikan
Gentlemen:
We return herewith the original and a copy of Pearson
Bros. storm sewer easement relating to Lot Eleven (11), Block
Two (2), Richland Hills, 2nd Addition, on which we have the
following comments:
1. The easement should have been granted by S. J.
Pearson and Edna A. Pearson, his wife, and Hugo Pearson and
Lillian Pearson, his wife.
2. The title to this property has been registered and
is represented by Certificate of Title No. 176271. The owner's
duplicate certificate of title has been checked out by Hugo
Pearson, and it must be delivered with the easement before the
easement can be registered in the office of the Registrar of
Titles.
3. We question whether the description could not
be clarified somewhat inasmuch as the East boundary of the East -
West line is not determined and the North boundary of the North -
South line is not determined by the present description. We
would suggest the description read as follows:
A strip of land 20 feet wide described as
dyvo.o, follows: Commencing on the Southwesterly
line of Lot Eleven (11), Block Two (2),
' Richmond Hills, 2nd Addition, where said
Southwesterly line intereects the South-
easterly line of the right -of -way of State
Highway Nos. 169 and 212; thence Southeast-
erly along said Southwesterly line of Lot
Eleven (11) to the Southwesterly corner of
said Lot Eleven (11); thence Northeasterly
along the most Southerly line of said Lot
-1-
W
DORSEY, COLMAN, BARKER, SCOTT & BARBER
Village of Edina -2- November 19, 1952
Eleven (11) to the point of intersection of
said last described line with the Westerly
line of Richwood Drive; thence Northwesterly
along said Westerly line of Richwood Drive
to its intersection with a line drawn North-
westerly of, parallel to, and distant 20 feet
from, measured at right angles to, the most
Southerly line of said Lot Eleven (11); thence
Southwesterly along said parallel line to its
intersection with a line drawn Northeasterly
of, parallel to, and distant 20 feet from,
measured at rignt angles to, the Southwesterly
line of said Lot Eleven (11); thence North-
westerly along said last described parallel
line to the point of intersection of said line
with the Southeasterly line of the right -of-
way of State Highway Nos. 169 and 212; thence
Southwesterly along said right-of-way line to
the point of beginning.
We also return herewith the copy of the portion of the
plat of Richmond Hills, 2nd Addition, which you sent to us. If
you have any questions, please feel free to contact us.
VHH:jat
Enclosures
Yours very truly,
DORSEY, COLMAN, BARKER, SCOTT nc BARBER.
By re /�( /"
September 4j, 1953
Pearson Brothers
5405 Richmond Lane
�4irmeapolis 10, Minnesota
Attentiont Mr. James E. Pearson
Dear Sir:
Enclosed please find ,two revised copies of the proposed
Pxain,aele Easement for Lot ll Block 2j, of fld'chm)nd Hills Seeond Addi-
tion which we would appreciate havin; 111.
od by 5, G4 Pearson, Edna
Pearson, Hugo Pearson and Lilliani-Pearson, One copy of this easement
in for your file and the other two should be sided and. returned to
the Village Hall with the. duplicate Certificate of Title No. 176271 so
that the easement can be recorded, Wrhen the easement is placed on r"
cord the certificate or title idllbe returned to you.
In regard to your request for stret lightt in Richmond 'Hills
Wditiors there has been no written re6-Nest for ane, If you will send
us a lAter addl-essed to the Village Council., request"Ing the lights the
Public Works Committee will look at the site and make their reconnenda.-
tions, to the Council. In rost cases the rwjuest is granted,
The ollinp of UcYmood . .-I rive is high on the street Superinten-
nt's list (about number live) and should be com.4pleted with An the next
few weep-ks.
Very truly yours,,
1;seph 77 ikan
Assietwit Engineer
VILLAG OF EDINA
R-Omap
E n I
c. (2)
November loth f 1953.
Dorsey, Gold., Barker, Scott & Barber,,
First RatiorAal Soo Line Bailding,
14inneapal is 2., Annosata.
Attentiont Mr. Virgil R%11
Gentleaeen$
Enclosed please fund the following Doosdse and Easements, which we wow
appreciate having plaa94 on record as soon as possible as the Sewer
Contractor is now in the process of constructing the Trunk Sower on
this property.
1- A strip of laced twenty (20) . sot in wi.dth, the o4nterline of which
begins at a point one hundred and fifty (1$0) meet North of the
South line of the Northeast oxs~"ua�rter of the Northeast ones- quartor
Section 31,, Township 116„ Range 24,. and thirty -three (33) toot 'east
of the oonterline► of France Avenue, Ong thence West twenty -tiro
(22) foot, thendo North three hundred and twenty-seven (327) feet
to centorline of easement running East and Went on a line four hun-
dred and seventy-seven (477) 'feet Forth of said nth line of the
Northeast one-quarter of the Northeast one arter.
- A strip of land Twenty (2c) feet in width, the centerline of uh,i *h
begins at a point 477 toot North of the South line of the N.S.
of the N.E. j section 31, T. 116, R. 24 and on the West line of
France Avenue running thence West 327.3 feet, thence North 180 *8
feet to the north line of the South 19.5 Acres of the N.S. t of
the N. E„ t of Section 31, T. 116, R. 24.
3- A strip of Land Twenty ( act) Feet in width, the ov teal ins of which
begins at a point on the South line of the North 18.3 Acres of the
N.B. j of tho Vii. E. 4 of Section 31j, T. 160 , R. 24 and 327.3 ,feet
West of the centerline of France Avenue, running thence North 100
feet! thence West 330 feeet;, themes Forth 557.8 feet to the South
line of West 70th Strest, a paint 656.8 feet West of the centerline
of France Avenue.
4-- The North 125 feet of the East Two- fifths of the South One-half of
the Fast one-half of the East ono -half of the Northeast Quarter of
the Southwest Quarter (E-2/5 of Sj of F4 of Zj of NEt of SWj) of
Section Thirty -two (32),v Tounshdp "Twenty-- siah't (28)s Hang* Twenty-
four (24), according to the United States Governawat survey thereof.
fours vol`y truly,
Joseph Zi-kan,
Assistant Engineer.
J"u, t B
:final.
I
October Sths, 1953.
Dorsey., CO3,,man,* Barker, 300tt & barber,
V,j,rst, National 500 Line Bqi1dingj
yi,-,marolia 2,'NimesOtas
Attention: Mr. Virgil Hill
Dear Sir i
F,nclosed please find tl* Deeds for the East seventy —five
feet of the followinig 1001
Lot 10 'Block 2,, ..na Park Addition
Lot 1, Block 3., Winchester Knolls Addition.
v,,e woad alpraciate your revi'Wing these Deeds and Placing
them on record inmediatelY as the Street Department will
begin work on this area on October 12th, 1953*
Very truly Ycu:rs.p
Jos eph Zlikans.,
Assistant J&ngine8r.
jzt D
Enol 0
r
Mr. K. J. Sundquist
5944 Concord Avenue
Minneapolis 100 Minnesota
Dear Sir:
This letter is to confirm our telephone conversation concern-
ing the deed which you agreed to have signed concerning the property
which you, your father, and your sister own. We would appreciate
your obtaining the required signatures and returning both signed
copies of the deeds to our office.
Very truly yours,
BY
Joseph Zikan
Assistant Engineer
JZ:jl
4
May 20th, 1953.
jar. John Kirkland,
5729 Chovien Avenue,
Hinneapolis 10, Minn.
Dear Sir:
Enclosed please find tiwee copies of a utility Ease-
ment which has been prepared for your signature and
w'nich has been discussed previously.
"
s'lease sip, and return two copies to us, retaining
the tt -u_rd copy for your files.
Yours verb* truly,
Joseph Zikan,
Assistant Engiliear.
EASEMENT FOR UTILITIES
f
�rl �
THIS INSTRUMENT, Made this _� day of by and
between Pearson Brothers, 2202 Bryant Avenue South, Minneapolis, of the County
of Hennepin and State of Minnesota, parties of the first part, and the Village
of Edina, a municipal corporation of the County of Hennepin and State of Minne —1-1'
sota, party of the second part;
WITNESSETH, That the said party of the first part, in consideration of
One and No/100.($1.00) Dollars, to him in hand paid by the said party of the
second part, the receipt where of is hereby acknowledged, does Grant, Bargain,
Sell and Convey to said party of the second part an Easement for the purposes
hereinafter set forth, in and over the following described property situated
in the Village of Edina, County of Hennepin and State of Minnesota, to wit:
For the purpose of constructing and maintaining a storm sewer or storm
drainage channel, a strip of land twenty (20.0) feet wide, the south and west
boundaries of which are described as follows:
Commencing at the Southeast corner of Lot 11, Block 2, Richmond Hills
2nd Addition, thence Southwesterly a distance of One Hundred Thirty -
three and six tenths (133.6) feet to the southwest corner of said Lot
11; thence North along the West property line of said Lot 11, a dis-
tance of One Hundred Forty -eight and nine - tenths (148.9) feet to the
intersection with the State Highway Numbers 169 and 212 Right -of -way
line.
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 utilities,
replace the surface after any excavation in connection with such construction
or maintenance work, in as nearly as possible the same condition as before
such excavation.
The duration of this easement shall be perpetual.
The parties of the first part hereby covenant and warrant that they have
Good title to said real estate and that they will warrant and defQnd the said
easement and the enjoyment in use thereof to the party of the second part; and
the parties of the first part make that warranty for themselves, their heirs
and assigns forever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set
their hands and seals the day and year first above n.
In Presence of:
i
STATE OF MINNESOTA
( ss.
COUNTY OF =I-INEPIN )
On this .3 IZ day of A.D. 19 before
me, a within and for said County, personally
appeared
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. zz��
T.VANSON
OiimL
No'. 24, loss-
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