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HomeMy WebLinkAbout1461s EASEMENT AGREEMENT THIS AGREEMENT, Made this 14�_ day of , 1970, by and between the VILLAGE OF EDINA, a Minnesota municipal corporation, hereinafter called "Village ", and JERRY D. KELLEY and ANNA -MAE KELLEY, husband and wife, of Hennepin County, Minnesota, hereinafter collectively called "Kelleys ", WITNESSETH: That WHEREAS, Village owns that certain drainage and utility easement over the Easterly ten feet (10') of Lot 1, Block 2, Fjeldheim 2nd Addition, Hennepin County, Minnesota, as shown on the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota; and WHEREAS, Kelleys desire to construct a garage which will encroach upon the Westerly 3.5 feet of the aforesaid easement as shown in said building plans and specifications which have heretofore been submitted to Village; NOW, THEREFORE, In consideration of One Dollar ($1.00) and other good and valuable consideration, the Village hereby grants the following easement rights: 1. Kelleys may construct the aforesaid garage which encroaches over the Westerly 3.5 feet of said platted easement; 2. This grant is conditional upon the covenant of Kelleys hereby made that Kelleys will hereafter indemnify and hold the Village harmless from all costs and expenses of any nature, including reasonable attorneys fees, incurred by the Village by reason of the encroachment of said garage, said costs and expenses including without limitation any construction, maintenance or replacement costs pertaining to any utility lines heretofore or hereafter located within said easement, which costs are incurred by reason of the en- croachment of said garage upon said utility easement. The covenants and conditions of this grant of easement shall run with the land and shall be binding upon the heirs, executors, successors and assigns of the parties hereto. This instrument is exempt from State deed tax. TRANSFER ENTERED grl8 we &EOR,S -E 0, HICKEY, {AUDITOR h�L COUNTY, MINN. OW IN WITNESS WHEREOF, The parties have caused these presents to be executed the year and day first above written. In Presence Of: I VI By An - 2 - JEWJ D. K LLEYI ANNA -MAE KELLEY m- __ STATE OF MINNESOTA ) ) SS: COUNTY OF HENNEPIN ) On this A (o day of , 1970, before me, a Notary Public within and for said County personally appeared and ILA d,4.- to me personally known, who, being each by me duly sworn did say that they are respectively the and the of the Village of Edina, a Minnesota municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation,: and that said instrument was signed and sealed in behalf of said corporation by authority of its Village Council and saidd� e and - " �_- acknowledged said instrument to be the free act and deed of said corporation: B J NOtery Public, He: a ', Mlnp -, MY Come' ^� 9,'1977 STATE OF MINNESOTA ) SS: COUNTY OF HENNEPIN ) On this Lday of 1970, before me, a Notary Public within and for said County personally appeared JERRY D. KELLEY and ANNA -MAE KELLEY, husband and wife, to me known to he the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. i kis 1i15i LfTik,?tll' `• '} e. Lfors,e �, 3 a'f:uar , Vviiec1i,)1'ir, EwtiJ 1a5' B ..-A 3 9'7`7`715 REGISTERED V,7! ),-,F�CE Of' ViIL--6 ;T, "TE OF was flf (I in this C;W ''n day ol Sc7p A. D. 7970 J L- /-2— o'clock rL REGISTRAR OF TITLES DEPUTY REGISTRAR OF TITLES