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HomeMy WebLinkAbout14793844498 EASEMENT THIS INSTRUMENT, Made this day of 1970, by and between NATIONAL FOOD STORES, INC., a corporation organized under the laws of the State of Michigan, party of the first part, and VILLAGE 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 consi- deration of One and No /100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does Grant, Bargain, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for underground electric lines in, under and across the following described property situate in the County of Henne- pin and State of Minnesota, to -wit: The East five feet of the Westerly 160 feet of that part of Lot 43, Auditor's Subdivision Number 172, Hennepin County, Minnesota, lying North of the South 189.5 feet thereof. Party of the second part shall have the right to allow use of such easement by public utility companies and the right to install, cons- truct, reconstruct, maintain and repair underground electric lines in the easement area described above, provided the party of the second part in so constructing, repairing or maintaining said underground electric lines shall restore the surface without cost to the party of the first part to as nearly as possible the condition it was in immediately before such work was done. In the event party of the first part, its successors or assigns hereafter requires the easement area described above for the construction of a building thereon, the parties hereto agree as follows: 1) Party of the first part shall duly execute and deliver to party of the second part a recordable alternate ease- ment area of at least the same widtii as the easement area described above for the same purpose and upon the same terms, covenants and conditions as set forth herein. The exact location and width of said alternate easement area shall be subject to the reasonable approval of party of the second part. No such relocation,shall, however, be such as to impair the safe and efficient operation of the underground electric lines for the purpose intended. C ;;CcS: PAY4Q> IN 1 V 'WITHIN OESCRIBEb OPERTY ARE PAID, CbWD1T1O"AL -, p- ZCEIFtr &MiLm. r';m c, 1 Y T r 4 i� 2) Party of the first part shall, at its sole cost and ex- pense, relocate any underground electric lines, located in the easement area described above within the alternate easement area. 3) Upon the completion by party of the first party of the matters set forth in paragrapisnumbered 1 and,2 above, party of the second part agrees to surrender and extin- guish its easement over the easement area described above by written release without warranties. IN TESTIMONY WHEREOF, The said first party has caused these pre- sents to be executed in its corporate name by its Vice President and its Asst. Secy, and its corporate seal to be hereunto affixed the day and year first above written. In Presence of: 1. NATIONAL FOOD STORES, INC. By Its no Presideac STATE DEED TAX DUE HEREON- This instrument was drafted fy Dorsey, Marquart, Windhorst, West & Halladay STATE OF ILLINOIS ) 2400 1st National Bank Bldg. ) s s . Minneapolis, Minnesota 55402 COUNTY OF COOK ) On this 311b day of July , 1970 , before me, a Notary Public, within and for said County, personally appeared W.B. Thomas and R. J. Radebaugh , to me personally known, who, being each by me duly sworn, did say that they are respectively the Vice President and the Asst. Secretary of the corporation named in the foregoing instrument and that the seal affixed to said instru- ment 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 W. B. Thomas and R. J. Radebaugh acknowledged said instrument to be the free act`. an � 1, deed of said corporation. w f -a, + ,� 4i; (Notarial Seal) t 3844498 SEP -2 -7o 11 4 $ 8 � z „ OFFICE OF R6C.19T6R OF DE'q Oe STATE OF MINNESOTA COUNTY OF HENNEPIN 1 hereby certify that the within instrument was filed for record in this office on the 2 day SEP A. D. 9970 o'clock ., and was duly book recorded ;7 �of Hennepin County Recordsn page 544498 BY _ Ide- RMQISTR.R OP DJtEDS 014PYTY R�Y1 /TCR OIo Damon i kHi ,4SFE)Q F A)77: RV D SEP,. 2 1970 GEORGE B. HIC Y, AUVI UN � �. TY, MINN. DEPUTY