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filed in Registrar of Titles office,
Hennepin County, Minnesota, on
November 16, 1970, as Document No. 982b01
SCENIC AND OPEN SPACE EASEMENT GRANT
THIS INDENTURE, made this day of j L(Jy , 1970,
William J. Sime and Winona S. Sime, his wife; P C H CO., a partnership con -
betweentistino of R_H_P_ TNVFSTMFNT'COMPANY. a Minn esota'cornoratinn_ Frank R.
Cardarelle and Ernest 0. Hartwick,
parties 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 parties of the first part, in consideration of One
Dollar ($1.00) and other good and valuable consideration, receipt of which
is hereby acknowledged, do hereby Grant, Bargain, Quitclaim, and Convey unto
the said party of the second part, its successors and assigns, Forever, a
Scenic and Open Space Easement on the terms hereinafter specified over the
tract or parcel of land lying and being in the County of Hennepin and State
of Minnesota, described as follows, to -wit:
All that part of Outlot C, Walnut Ridge Third Addition, accord-
ing to the recorded plat thereof, Hennepin County, Minnesota,
lying East of a line described as follows: Commencing at the
Point of intersection of the North line of said Outlot C and a
line drawn parallel with and 80 feet Westerly of the East line
of said Outlot C; thence Southerly along a line drawn parallel
.with and 80 feet Westerly of the East line of said Outlot C to
the point of intersection of said parallel line with the Northerly
line, extended Westerly, of West 60th Street as shown on the
plat of Walnut Ridge and Walnut Ridge First Addition; thence
Southwesterly to the point of intersection of the Southerly line,
extended Westerly, of said West 60th Street with a line drawn
parallel with and 80 feet Westerly of the East line of said
Outlot C; thence Southerly along a line drawn parallel with
and 80 feet Westerly of the East line of said Outlot C to the
Southerly line of said Outlot C and there terminating, (herein-
after called the "Easement Area ").
The purpose of this Scenic and Open Space Easement is to assure
that the above described Easement Area shall at all times remain as open
space and constitute scenic surroundings. To accomplish such purpose, parties
of the first part, for themselves and their respective heirs, successors and
assigns, do hereby covenant and agree as follows:
1. No building'or structure of any kind shall be erected or placed
on any part of the Easement Area.
2. The`Easeme'nt Area shall at all times be left in a wild, natural
and undeveloped condition and state.
3. Subject to the provisions of paragraph 2 hereof, the Easement
Area shall be used, occupied and enjoyed at all times by parties of the first
part, their heirs, successors and assigns, in full compliance at all times with
all applicable ordinances of Edina now or hereafter enacted.
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4. If there shall be a violation or breach, or an attempt to
violate or breach, any of the terms, covenants or conditions of this
easement grant, the party of the second part may prosecute any proceedings
at law or in equity against the person, firm or corporation violating or
breaching, or attempting to violate or breach, any such term, covenant or
condition, to either prevent such violation or breach or to recover damages
for such violation or breach. Also, party of the second part, in the event
of such violation or breach, without notice, may, at its option, undertake
to perform the term, covenant or condition so violated or breached, and the
cost incurred, including attorneys' fees, with interest at the highest rate
then allowed by law, shall be payable on demand by the then owners of said
. Outlot C, and, in addition to other remedies then available for collection
of such cost and interest, the party of the 'second part may charge such
cost and interest against said Outlot _C in the same manner as special assess-
ments (without, however, any notice or hearing of any kind) and collect the
same with the real estate taxes against said Outlot C payable in the year
following the year such costs and interest are so charged,.and if not paid,
said Outlot C may be sold and conveyed in the same manner as lands forfeited
for nonpayment of real estate taxes are sold and conveyed.
F 5. The terms, covenants and conditions hereof shall run with
the land and shall be binding on all present and future owners of said
Outlot C, and shall inure to the benefit of party.of the second part, its
successors and assigns.
This Scenic and Open Space Easement shall not operate to grant
the party of the second part the right to use the above described property
as a park or any similar use, and the party of the second part and members
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3. Subject to the provisions of paragraph 2 hereof, the Easement
Area shall be used, occupied and enjoyed at all times by parties of the first
part, their heirs, successors and assigns, in full compliance at all times with
all applicable ordinances of Edina now or hereafter enacted.
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4. If there shall be a violation or breach, or an attempt to
violate or breach, any of the terms, covenants or conditions of this
easement grant, the party of the second part may prosecute any proceedings
at law or in equity against the person, firm or corporation violating or
breaching, or attempting to violate or breach, any such term, covenant or
condition, to either prevent such violation or breach or to recover damages
for such violation or breach. Also, party of the second part, in the event
of such violation or breach, without notice, may, at its option, undertake
to perform the term, covenant or condition so violated or breached, and the
cost incurred, including attorneys' fees, with interest at the highest rate
then allowed by law, shall be payable on demand by the then owners of said
. Outlot C, and, in addition to other remedies then available for collection
of such cost and interest, the party of the 'second part may charge such
cost and interest against said Outlot _C in the same manner as special assess-
ments (without, however, any notice or hearing of any kind) and collect the
same with the real estate taxes against said Outlot C payable in the year
following the year such costs and interest are so charged,.and if not paid,
said Outlot C may be sold and conveyed in the same manner as lands forfeited
for nonpayment of real estate taxes are sold and conveyed.
F 5. The terms, covenants and conditions hereof shall run with
the land and shall be binding on all present and future owners of said
Outlot C, and shall inure to the benefit of party.of the second part, its
successors and assigns.
This Scenic and Open Space Easement shall not operate to grant
the party of the second part the right to use the above described property
as a park or any similar use, and the party of the second part and members
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of the public shall not acquire any right to make any improvements upon
or to make any physical use of the above described tract.
This easement hereby granted may be amended, modified or released
at any time and from time to time by the Village Council of Edina.
TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments
and appurtenances thereunto belonging or in anywise appertaining, to the
said party of the second part, its successors and assigns, Forever.
This instrument is exempt from State Deed Tax.
IN TESTIMONY WHEREOF, the said parties of the first part have
caused these presents to be executed the day and year first above written.
I Pres16uz f
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1 {' kdil-1 i am J. Sime
Winona S. Sime
P C H �_a nartn ?T.-
by R.H.P. I NVES7MENT COMPANY
by
rtner
Partner
STATE OF ;XDOQDRIDA b �Hri�wic P Pa rtner
SS. Ernest
COUNTY OF
i
On this r t_ day of lyOClCH4fR, 1970, before me, a Notary 1u :.._c
within and for said County, personally appeared William a d Sime
and Winona S. Sime, his wife ,
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.
Wary Public i /_County, Florida
• My commission expires 19
NOTAR'f H11- , STATE of FW10A AT LARGE
mi COMMISSION EXPIRES AUG. 7, 1973
BOUDED ih..J FILED W. DIESTELHORS1
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STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
On this day of , 1970, before me, a Notary Public
wi- L.11in and for said County, personally appeared _- and
to me personally known, who, being each by me duly
sworn did say that they are respectively the and the
of , the 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 Board of Directors
and said and acknowledged
said instrument to be the free act and deed of said corporation.
This
Dorsey, MsrGuart, Vic',... c c. 3 �? u F'.�:: ► y
- 2400 1st N,- onz.i G =r1<
Minneapolis, P.unnesota 55402
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this 6th day of November , 1970, before me, a Notary Public
within and for said County, personally appeared Roy H. Peterson to me personally
known, who being by me duly sworn did say that he is the President of R. H. P.
INVESTMENT COMPANY, one of the partners of P C H CO., a partnership, the corpora-
tion named in the foregoing instrument, and that the seal affixed to said instru-
ment is the corporate seal of said R. H. P. INVESTMENT COMPANY, and that said
instrument was signed and sealed in behalf of said corporation by authority of
its Board of Directors, and said Roy H. Peterson acknowledged said instrument to
be the free act and deed of said corporation and the free act a d deed of said
partnership.
1 4.
uze��W_zi G -k
Glenn G. Nybeck
Notary Public, Hennepin County, Minn.
My commission expires Dec. 3, 1972.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this 6th day of November , 1970, before me, a Notary Public
within and for said County, personally appeared Frank R. Cardarelle and Ernest 0.
Hanwick, two of the partners of P C H CO., a partnership, to me known to be the
persons described in and who executed the foregoing instrument and acknowledged
that they e;;ecuteo the same as their free act and deed and the free act and deed
of said partnership.
• Glenn G. Nybeck
Notary Public, Hennepin County, Minn.
My commission expires Dec. 3, 1972.
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filed in Registrar of Titles office,
Hennepin County, Minnesota, on
November 16, 1970, as Document No. 982802
DECLARATION OF PROTECTIVE COVENANTS
Y
THIS DECLARATION, made this C& day of aY1h1f-x,kl970, by
William J. Sime and Winona S. Sime, his wife; P C H CO., 'a partnership consisting
of P.H.P. IRly'EST!`;ENT r'OMPANY, a M- ;,,nesota corooration, Frank R. Cardarelle and
Ernest 0. Hartwick,
(hereinafter together called "Declarants "):
WITNESSETH THAT:
WHEREAS, Declarants are the owners of all the property situated
in the Village of Edina, Hennepin County, Minnesota described as follows:
Outlot C, Walnut Ridge Third Addition, according to the re-
corded plat thereof, Hennepin County, Minnesota,
(hereinafter called "Property ".); and
WHEREAS, it is the desire of the Declarants to secure the value
of the Property and its usefulness for development.
NOW, THEREFORE, in order to effect the foregoing, the said Decla-
rants do hereby promulgate and adopt, and impose and subject the Property
to, the following conditions, provisions, covenants, and restrictions which
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shall run with the land and shall be binding on all present and future
owners, occupiers and encumbrancers of all or any part of the Property:
1. That no more than 320 dwelling units shall be constructed
on the Property.
2. These restrictive covenants are for the benefit of the Village
of Edina, its successors and assigns, and may be enforced by the Village of
Edina by proceedings at law or in equity against any party violating or
attempting to violate them, or any of them, either to prevent such viola-
tion or recover damage/ therefor.
3. These restrictions, or either of them, may be amended, modi-
fied, released, or revoked at any time and from time to time by the then
owner of the Property with the consent of the Village of Edina in the form
of a resolution of the Village Council of the Village of Edina, and shall
be deemed -so amended, modified, released, or revoked only when a certified
w
i
MES PAID AND TRANSFER ENTFRM
NOV;"16'l
CEO E UEY, AUDIT01'
H TY, MINN,
8Y DEPUT'v
fAXLre PAYABLE to mIli�,,,�I ✓
ON WITHIN DES
PROPERTY ARE PAID
/ COUNTY_ EA
copy of such resolution consenting to the amendment, modification, release
or revocation of these covenants, or any of them, as the case may be, is
duly recorded in the office of the Register of Deeds in and for Hennepin
County, Minnesota.
This instrument is exempt from State Deed Tax.
IN TESTIMONY WHEREOF, the said Declarants have caused this instru-
ment to be executed the day and year first above written.
Mitt =� ��✓ r� t Wi 11 i am J. 'Si me
011— Winona S. Sime
P C H CO., a partnership
NY
y H.' Peters President Partner
>/
wank R. Cardare 1 e""-'
FLORIDA by.
STATE OF X5[XM Xj) Ernest ar wick
A*U.'Ac'r)) SS.
COUNTY 0V��M) /
On this �A day of l�`��� 1970, before me, a Notary Public
within and for said County, personally appeared William J. Sime
and Ainong S. Simp.. his wife and
, to me known to be the persons described in and who exe-
cuted the foregoing instrument and acknowledged that they executed the same
as their free act and deed.
T /A
. .-
Notary Public ,�,ti 'l ' /JrQ County, Florida
STATE OF MINNESOTA My commission expires 19
NOTE:: ,'r•.. L.q .i of .rw... ur1 HI Lt.uuG
SS. W COM1'iMSION EXHUES Auu. 7, 1973
COUNTY OF HENNEPIN) BONDED Ir..i FRED W. DIESIELHOffl
On this day of , 1970, before me, a Notary Public
within and for said County; personally appeared and
_ to me personally known, who, being each by me duly sworn
did say that they are respectively the and the
of , the corporation named in the fore-
going 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 Board of Directors and said
and acknowledged said ipstru-
ment to be,the free act and deed of said corporation.
w TRi$ i ^s ?r_rr.v.:t �•:a: ur<-;'`:'i by
Ord
24CO ht N ?isnJ x'.43.
Knna,:Pc•1i;, lV:.nncs•; ?a .,..CIO
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1
STATE OF MINNESOTA
s.s .
COUNTY OF HENNEPIN
On this 6th day of November , 1970, before me, a Notary Public
within and for said County, personally appeared Roy K. Peterson to me person-
ally known, who beinq by me duly sworn did say that he is the President of
R. H. P. INVESTMENT COMPANY, one of the partners of P C H CO., a partnership,
the corporation named in the foregoing /'Ptrument, and thatthe seal affixed to
said instrument is the corporate seal of said R. H. P. INVESTMENT COMPANY, and
that said instrument was signed and sealed in behalf of said corporation by
authority of its Board of Directors, and said Roy H. Peterson acknowledged
said instrument to be the free act and deed of said corporation and the free
act and deed of said partnership.
Glenn G. Nybeck
Notary Public, Hennepin County, Minn.
My commission expires Dec. 3, 1972.
STATE OF MINNESOTA
ss.
COUNTY OF "HENNEPIN
On this 6th day of November , 1970, before me, a Notary
Public within and for said County, personally appeared Frank R. Cardarelle and
Ernest 0. Hartwick, two of the partners of P C H CO., a partnership, 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 and
the free act and deed of said partnership.
G
Glenn G. Nybeck
Notary Public, Hennepin County, Minn.
My commission expires Dec. 3, 1972.
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