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HomeMy WebLinkAbout1480DECLARATION OF EASEMENTS, RESTRICTIONS, AND WAIVER OF DAMAGES For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt whereof is hereby acknowledged, the undersigned, (herein called "grantor ") ddP'tiereby grant, bargain, sell, release and quit claim to the Village of Edina, a municipal cor- poration, in the County of Hennepin, State of Minnesota, a perpetual easement for the storage and flowage of water; and also the right and privilege to trespass with water on, in, over, under and.above any or all of the lands, of grantors hereinafter described (hereinafter called "Easement Area ") as such flowage may be affected by excavations and the construction, maintenance, repair and reconstructions of dams, dikes, ditches, diversion work and other structures under all conditions, or- dinary and extraordinary, at all seasons of the year; and the right and privilege to enter on, in, over and under and to trepass on the Easement Area with and for the construction, maintenance, repair and reconstruc- tion of dams, dikes, ditches, diversion work and other structures, and with and for excavations. Grantor doctereby further grant, bargain, sell, convey and otherwise forfeit and release any right to dump upon, fill, otherwise grade or raise the level of the Easement Area. The Easement Area herein referred to is situated in Hennepin County, State of Minnesota and is more specifically described as follows, to wit All that part of Lot 15, Edina Interchange Center Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying Westerly and South - westerly of a line Easterly and Northeasterly of, paral- lel to, and a perpendicular distance of 50 feet from, the following described line: Commencing at an iron mon- ument located on the Southerly right -of -way line of West 70th Street, (County Road No. 28) a distance of 51 feet, more or less, Easterly of the center line of Nine Mile Creek; thence running Southerly along a Line bearing South 30 20' 25" East a distance of 278.71 feet to an TRANSFER ENTERED 'PIZ 151%9 URGE B. HICK. AUDITOR 4 F- e ♦ . '4 iron monument; then running Southeasterly along a line bearing South 420 23' 42" East a distance of 349.21 feet to an iron monument located on a line parallel with and 1068.76 feet West from East line of Government Lot 1, Section 9, Township 116, Range 21, and there terminating. All that part of Lots 14, 162 17 and 18, Edina Inter - change Center Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying Easterly and Northeasterly of a line Westerly and South-. westerly of, parallel to, and a perpendicular distance of 50 feet from, the following described line: Commencing at a point on the West line of the East 23.36 acres of Government Lot 2, Section 9,. Township 116, Range 210 a distance of 142.57 feet Southerly of the intersec- tion of said West line and the North line of said Govern- ment Lot 2; thence on a convex curve to the right, delta angle 1600 13' 16 ", radius 80 feet, a distance of 223.71 feet; thence along a line bearing North 420 23' 42" West a distance of 754.80 feet to an iron monument; thence along aline bearing North 30 20' 25" West a distance of 311.17 feet to the Southerly right -of -way line of said West 70th Street, and there terminating. The grantor doCtereby further grant, sell, bargain, release and quit claim to the Village of Edina, a municipal corporation; an ease- ment in perpetuity for public road purposes in, over, across and under the following described property situate in the County of Hennepin, State of Minnesota, to -wit: A strip of land 60 feet in width, in, over, across and under Lots 19, 20 and 21, Block 1, Edina,Interchange Center Third Addition, according to the map or,plat thereof on file or of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota. The exact location of said easement shall be determined in the..future by the Village of Edina subject to the reasonable approval of the owner or -owners of said property. When the exact location of said easement has been determined, the Village of Edina shall release from this Easement for public road purposes that part of Lots 19, 20 and 21, Block 1, Edina Interchange Center Third Addition, lying outside said easement. The grantor doAereby further grant; bargain, sell, release and quit claim to the Village of Edina, a municipal corporation, a main- tenance easement in and over the following described property situate in the County of Hennepin, State of Minnesota, to -wit: -2- I That part of Lots 13 and 14, Block 1, Edina Interchange Center Third Addition, lying Northerly of a line parallel with, and a perpendicular distance of 75 feet from, the Northerly line of said Lots 13 and 141 all according to the map or plat thereof on file and of record in the of- fice of the Register of Deeds in and for Hennepin County, Minnesota. Said easement shall include the right to enter the tract of land des- cribed above with men and equipment for the purpose of landscaping said tract of land, or for the`purpose of perserving and maintaining the pre- sent or any future landscaping thereon, in such manner and to such an extent as the Village of Edina shall determine. Grantor doCtereby create and establish the following restric tions: 1. The following described premises shall at all times remain undisturbed and untouched (including, but not limited.to, the prohibi.: tion on any movement of earth) and in their present natural condition and state, to-wit,: All that part of Lots 14, 15, 163 17 and 18, Edina Inter- change Center Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying Westerly and Southwesterly of the following described Line A and Easterly and Northeasterly of the following described Line B." Line A: Commencing at an iron monument located on the 'Southerly right -of -way line of West 70th Street, (County *Road No. 28) a distance of 51 feet, more or less, East - erly of the center line of Nine Mile Creek; thence run - ning Southerly along a line bearing South 30 20' 25" East a distance of 278.71 feet to an iron monument; thence running Southeasterly along a line bearing South 420 23' " 42 a i E st a distance of 3 4 9 .21 feet to an iron monument • located on a line parallel with and 0 8 e - i h a 1 6 6 feet West P 7 -from East line of Government Lot 1, Section 92 Township 116, Range 21,and there terminating. Line B: Commencing at, a point on the :.rest line of the East 23.36 acres of Government Lot 2, Section 9, Township I 116, Range 21, a distance of 142.57 feet Southerly of the i intersection of said West line and the North line of said Government Lot 20; thence on a convex curve to the right, delta angle 160 1 16 radius 80 feet a distance of g 3 > 22 e 7 0 n - 3.71 feet; thence along a Line bearing North 42 2 42 g 3 West a distance of 754.80 feet to an iron monument; thence along a I . I g line bearing North 3 0 20 25 it West a distance of 311.17 feet to the Southerly right -of -way line of said West 70th Street, and there terminating. 2. Without the approval of the Village Council, no building, structure or improvement of any kind, except parking, shall be erected on the premises located in Edina.Interchange Center Third Addition, described as follows, to -wit: _3_ " z Tract A: A tract of land abutting and lying Northeasterly of line A described in paragraph 1 above and Southwest - erly of a line parallel to, and,a perpendicular distance of 50 feet from said Line A. Tract B: A tract of land, abutting and lying Southwest - erly of Line B described in paragraph 1 above and North - easterly of a line parallel to, and a perpendicular dis- tance of 50 feet from said Line B. Tract C: That part of Lots 13 and 14, Block 12 lying Northerly of a line parallel with, and a perpendicular distance of ?5 feet from, the Northerly line of said Lots 13 and 14. All according to the map or plat thereof on file or of record in the office of the Register of Deeds, in and for-Hennepin County, Minnesota. The grantor herein hereby certify that the lands herein des- cribed are free and clear of all liens and encumbrances. The grantor herein further do4ereby remise, release, acquit and forever discharge on behalf of grantors and on behalf of grantors' heirs, successors, representatives, grants or assigns, forever, the Village of Edina, Hennepin County, Minnesota, and any and all of its of facers and employees and successors and assigns, of and from any and all claims,,demands or causes of action of every kind or nature whatsoever, which may arise or accrue by virtue of any flowage or trespass within the terms of this easement, and grantors agree.that the Village of Edina, at its option, may prosecute and proceedings at law or in equity against any person or persons violating or attempting to violate any of the pro- visions of this paragraph, to prevent such violation, or to recover dam ages therefor, or both. - All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. 'THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. I� 4 STATE OF MINNESOTA ) SS Co;ra� or ) on thie el ey Of Notary Public within and for said County, personall B. SACHS and ELE12 T,O;,iVIE SACHS, husband a , me known to be the persons described in an a the for instrument and acknowledged that (Notarial Seal) STATE OF MINNESOTA ) SS COUNTY OF 0 e- Yt On this 2 /4,� day of , 1969, before me, a N Xarmah. y Publ c within and for said County, per onally appeared and , to me persor#11y known, who, being by me duly sworn did say that they are partners of DWORSKY BROTHERS, the Co- partnership named in the foregoing in- strument, and that said instrument was si ned in behalf of said Co- partnership by authority of its partners and said 9hz4., > and 6r v acknowledged s said instrument to be the free act and deed of said Co- partnership. k -- {itatarial Seal) -... S i ` C NEVA S. FLADLAND Notary.Fublic, Hennepin County, Mips. f,6 v My Commission Expires Jan. 6, 1970. r i 3771350 '40 A -4pR 21-69 113 5 0 004.5 509a OFrtce OF REG157TrR OF DEEDS STATE OF T-11 N NESIJTA coUr4TY OF HI!:NNEPIN I herehY Certify that the within instrument was filed for record iri this office on 21 day 01 APR A. D. 1969 at e L O'cloc M., ar(-I duly recorded in book o-I H,,.!-tzpin County Records Pa r- 37'71350--% gy rum lOUTlR of IIBLOB 3`x'7 X351. DECLARATION OF EASEMENTS, RESTRICTIONS, AND WAIVER OF DAMAGES For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt whereof is hereby acknowl dge the undersigned, herein called " " 4�ozS g , ( grantor ) hereby grant, bargai , sell, release and quit claim to the Village of Edina, a municipal c r- poration, in the County of Hennepin, State of Minnesota, a perpetua easement for the storage and flowage of water; and also the right a d privilege to trespass with water on, in, over, under and above any r all of the lands of grantors hereinafter described (hereinafter ca ed "Easement Area ") as such flowage may be affected by excavations and the construction, maintenance, repair and reconstructions of dams, dike , ditches, diversion work and other structures under all conditions, r- I dinary and extraordinary, at all seasons of the year; and the right and I privilege to enter on, in, over and under and to trepans on the Eas meat Area with and for the construction, maintenance, repair and reconst c- tion of dams, dikes, ditches, diversion work and other structures, d with and for excavations. Grantort do0hereby further grant, bargain, sell, convey d otherwise forfeit and release any right to dump upon, fill, otherwi e grade or raise the level of the Easement Area. The Easement Area herein referred to is situated in Henne in County, State of Minnesota and is more specifically described as fo ows, to -wit: All that part of Lot 15, Edina Interchange Center Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying Westerly and South- westerly of a line Easterly and Northeasterly of, paral- lel to, and a perpendicular distance of 50 feet from, the following described line; Commencing at an iron mon- ument located on the Southerly right -of -way line of West 70th Street, (County Road No. 28) a distance of 51 feet, more or less, Easterly of the center line of Nine Mile Creek; thence running Southerly along a line bearing South 30 20' 25" East a distance of 278.71 feet to an 0 TRANSFER ENTERED APR 15 us 69RGE R. HICKEY, AUDITOR ESN IQDU'B TY, MINN. io DEPUTY, + t t iron monument; then running Southeasterly along a line bearing South 420 23' 42" East a distance of 349.21 feet to an iron monument located on a line parallel with and 1068.76 feet West from East line of Government Lot 1, Section 9, Township 116, Range 21, and there terminating. All that part of Lots 14, 16, 17 and 18, Edina Inter - change Center Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying Easterly and Northeasterly of a line Westerly and South- westerly of, parellel to, and a perpendicular distance of'50 feet from, the following described line: Commencing at a point on the West line of the East 23.36 . acres of Government Lot 2, Section 9,_Township 116, Range 21, a distance of 142.57 feet Southerly of the intersec- tion of said West line and the North line of said Govern - ment Lot 2; thence on a convex curve to the right, delta angle 1600 13' 16 ", radius 80 feet, a distance of 223.71 feet; thence along a line bearing North 420 23' 42" West a distance of 754.80 feet to an iron monument; thence along a line bearing North 30 20' 25" West a distance of 311.17 feet to the Southerly right -of -way line of said West 70th Street, and there terminating. s The grantorl dAereby further grant, sell, bargain, rele se k and quitclaim to the Village of Edina, a municipal corporation, an ease- ment in perpetuity for public road purposes in, over, across and un er the following described property situate in the County of Hennepin, State of Minnesota, to -wit: A strip of land 60 feet in width, in, over, across and under Lots 19, 20 and 21, Block 1, Edina Interchange Cent r Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota. The exact location of said easement shall be determined in the:fut a by the Village of Edina subject to the reasonable approval of the owne or - owners of said property. When the exact location of said easement as been determined, the Village of Edina shall release from this Ease m nt for public road purposes that part of Lots 19, 20 and 21, Block 1, ina Interchange Center Third Addition, lying outside said easement. The grantor dAereby further grant, bargain, sell, rele se and quit claim to the Village of Edina, a municipal corporation, a ain- tenance easement in and over the following described. property situ to in the County of Hennepin, State of Minnesota,.to -wit: I That part of Lots 13 and 14, Block 1, Edina Interchange Center Third Addition, lying Northerly of a line parallel with, and a perpendicular distance of 75 feet from, the Northerly line of said Lots 13 and 14, all according to the map or plat thereof on file and of record in the of- fice of the Register of Deeds in and for Hennepin County, Minnesota. Said easement shall include the right to enter the tract of land de cribed above with men and equipment for the purpose of landscaping aid . tract of land, or for the•purpose of perserving and maintaining the pre- sent or any future landscaping thereon, in such manner and to such n extent as the Village of Edina shall determine. Grantori dAereby create and establish the following res ric- tions; 1. The following described premises shall at all times r main undisturbed and untouched (including, but not limited.to, the prohi i= tion on any movement of earth) and in their present natural conditi n and state, to-wit,: All that part of Lots 14, 15, 16, 17 and 18, Edina Inter - change Center Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying Westerly and Southwesterly of the following described Line A and Easterly and Northeasterly of the following described Line B. Line A: Commencing at an iron monument located on the 'Southerly right -of -:gay line of West 70th Street, (County -Road No. 28) a distance of 51 feet, more or less, East- erly of the center line of Nine Mile Creek; thence run - ning Southerly along a line bearint South 30 20' 25" Eas a distance of 278.71 feet to an iron monument;' thence running Southeasterly along a line bearing South 420 23' .42" East a distance of 349.21 feet to an iron monument located on a line parallel with and 1068.76 feet West -from East line of Government Lot 1, Section 9, Township 116, Range 21,and there terminating. Line B: Commencing at. a point on the West line of the East 23.36 acres of Government Lot 2, Section 9, Townshi 116 Ran a 21 a distance o 42 f I feet e � S , 57 Southerly of th s intersection of said West line and the North line of sai Government Lot 2; thence on a convex curve to the right, delta angle 1600 13' 16 ", radius 80 feet, a distance of 223.71 feet; thence along a line bearing North 420 23' 4 " West a distance of 754.80 feet to an iron monument; then e along a line bearing North 30 20' 25" West a distance of 311.17 feet to the Southerly right -of -way line of said • West 70th Street, and there terminating. 2. Without the approval of the Village Council, no buil ing, structure or improvement of any kind, except parking, shall be erected on th premises located in Edina Interchange Center Third Addition, described as f llows, to -wit: . -3- U Tract A: A tract of land abutting and lying Northeasterly of line A described in paragraph I above and Southwest - erly of a line parallel to, and,-a perpendicular distance of 50 feet from said Line A. Tract B: A tract of land, abutting and lying Southwest -. erly of Line B described in paragraph 1 above and North - easterly of a line parallel to, and a perpendicular dis- tance of 50 feet from said Line B. Tract C: That part of Lots 13 and 14, Block 11 lying Northerly of a line parallel with, and a perpendicular distance of 75 feet from, the Northerly line of said Lots 13 and 14. All according to the map or plat thereof on file or of record in the office of the Register of Deeds, in and for-Hennepin County, Minnesota. The grantor herein hereby certify that the lands herein es- cribed are free and clear of all liens and encumbrances. The grantor herein further dottereby remise, release, a quit and forever discharge on behalf of grantors and on behalf of grantors' heirs, successors, representatives, grants or assigns, forever, th Village of Edina, Hennepin County, Minnesota, and any and all of i s of- ficers and employees and successors and assigns, of and from any d all claims."emands or causes of action of every kind or nature whatso ver, which may arise or accrue by virtue of any flowage or trespass wit in the terms of this easement, and grantors agree.that the Village of Edina, at its option, may prosecute and proceedings at law or in equity a ainst' any person or persons violating or atteopti.ng to violate any of th pro- visions of this paragraph, to prevent such violation,.or to recover dam ages therefor, or both. All of the provisions hereof shall run with the land an shall extend to and bind the heirs, successors, representatives, grante s or assigns of the respective parties hereto. THIS INSTRUMENT IS EXEIPT FROM. STATE DEED TAX. •� 3 ce , N Ids And I*s � h r5 r on hav e executed these prese ce , N Ids And I*s i',OR?TS SAM DWORSKY BROTHERS, a Co- Par consisting of.Z.A. DWORSKY, DWORSKY and HARRY DWORSKY nership PETER A. I r4��t* w i f v iiRESSWA ) A day Gig Notary Public within and for said County, personall a SACHS and ELAINE LO.fiIIE SACHS, husband an own to be the persons. described in an a foregoing instrument and acknowled ed that r (Notarial Seal) STATE OF MINNESOTA ) SS COUNTY OF ) On this day of , 1969, be Notaxy Publi ithin nd for said County, perso 1y appeared and to me personally know , who, being by me duly sworn did say that t partners of DWORSKY BROTHERS, the Co- partnership named in the fore strument, and that said instrument was sianed in beh if of said Co by authority of its partners and said and said instrument to be the free act and deed of said Co- partnership (Hbtarial Seal) k,,�^^ S .- +'� ---� - �� NEVA S. FWLAND Notary Public, Hennepin County, Mit My Commission Expires Jan. 6, 1971 : r rw�c4' A:; -7- 37`71351 Ltd APR 21-69 13 5 1 $ 004.5091 A f. r bFFIOE OF REGISTER OF DEEDS SATE OF MINNE50TA COUNTY OF NENNEPIN i hereby certify that the within instrument was filed for rc -cnrd in this office on he 121 day of APR A. D. 169 at o'cloc M•, and was duly recorded In book 69 of He g' n C 35 Records page � - �pIHTSR F 11HDH PY Q. D6P ><Il REHIHTLR OP plEDi i r I f Q O 4801 WEST 60TH STREET. EDWA. MiNNES07 A X5424 612- 927 -8861 May 13, 1981 Ms. Marlene Johanson Dorsey Law Office 2200 First Bank Place East Minneapolis, MN 55402 Re: Lots 19, 20, and 21, Block 1, Edina Interchange Center III Add tion Ryan Construction Dear Marlene: Enclosed is a certified copy of the resolution vacating a roadway easem nt over portions of the subject property. Tom Erickson and I discussed his with you on May 12, 1981, during a telephone conversation. Please advise if I can answer any questions. Sincerely, / 6o'rdon L. Hughes City Planner Encl. Cc. Thomas Erickson GLH : jgr STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Edina, Minnesota, do hereby certify that I have compared.tte attached and foregoing extract of minutes wits tt�e original minutes on file and of record in my office, and that tt`.e same is a full, true, and correct transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated. ,J WITNESS my hand and seal of said City this /i `''�' day of City Clerk R -74 lr; r .� t t• r s P1 ?N'1'ON AV :iC :Uti T.H. 100 PT.';,; i ;EVISION I)TSCUSSET). Mr. Ilyde recalled that the Metropolitan Council had disapproved the plan for the Benton Avenue - T.11. 100 Ill l interchange s:liich had been approved by the State Highway Department and b the Village. He showed a copy of the plan recommended by the Metropolitan Cou cil, which could perr.!it southbound traffic to get off T.H. 100 and no th- boun traffic would get ou T.H. 100 at Ben Lon Avenue. This plan virtuall cuts in half the plan previously approved. Mr. Dennis Dunn,of the Metrop tan Council, -ecalled that originally the previous plan ha/wanted turned do'i ccause it was thousht that the weaving situation would be dan particul••1• in front of the 'fgh School. IIe suggested that this plan posed w ild e a compromise v 'ch does not compromise safety but wouladequ a acc ss. Mr. Curtis Austin; representin-g Normandale Lutheran Chaid hat the newly proposed plan putting the church in a virtual iw Id create a great problem for ch -ch members and that school bus p' 1 have to b- completely reorganized. Ile urged that further considebe given the plan. Mr. Hyde recalled that t.. school officials had originnted the inter- change and then changed th`'r minds. IIe noted that scfficials realize they will have trouble 9 tti.- into the Southwest pa of the Village without the full interch tinge, fir. Jer v b ?illiams, 5024 Va ey View Road, said that traffic on Valley View Road is a eady heavy and sited that a hearing be con- ducted on the matter. Mr. Dunn ad 'scd that ti letropolitan Council will conduct a hearing on September 11 at :00 o'c ock. An unidentified gentle- man living on Valley View Road suggest d th the meeting be held at a time when interested property owners could at :d and that adequate notice of the hearing be given. fir. Hyde pointed out h t the Metropolitan Council Staff thinking is that T.H. 100 is a major -tropo itan freeway and will no longer be Edina's main street and that loc traffic hill have to be taken care of by purely local streets and find ur.d -about way to get to local destinations. Pointing out that the matter is ut of the hands o the Village Council, Councilman Johnson's motion rp�-erring the matter bac- to the Metropolitan Council with the hope that vy dening the highway will ke care of traffic adequately, was seconded > / Councilman Shaw and carried. CONTRACT TOE NT GOTIAtEl) FOR T.H. 100 - 1d. 77TIl STREET Ii�T� .CIU%'N , fir. Da.len advised Council that the Village will soon be negotiati a contract with the State Higliwav Department for the Intersection at T.H. 0 at 1d. 77th Street. In response to a question of Couniciln-an Johnson as to wh this interchange could not be constructed later, Mr. Dalen said that the is considerable,,/traffic at that intersection now and that the Radissor. H e would be o¢cning soon and would attract considerable additional traffic. If the Sta Lee / Highway Department can give assurance that the contract will b awarde in June, bonds can be sold this fall. Discussion ensued as to t e metl)6a of repayment by the State Highway Department. No action was take 1:NTON AVENUE 11,_ :T1ININIG WALLS APPROVED. fir. Hyde requested authority to spend approximately $1,600 instead of the proposed $900 to install an additional retaining wall on two properties. Councilman Johnson's motion approving this expenditure whici- will be assessed against Street Improvement BA -146 was sec - onded by Councilman Courtney and carried. ROAll1MY EAS ,ENT D EFIN—D OVER LOTS 19, 20, 21, BLOCK 1, EDI`U INTFRCII.I 4 ' CEfirER THIRD ADDITION. ftr, iJilliam Vail, representing Iictro U. S. Construction Company, advised that a 60 foot easement had been granted the Village on February 20, 1969, but that its exact location has yet to be determined. He requested that this easement be defined in order that the remainder of the property could be i released from this encumbrance. Councilman Shaw thereupon offered the follow- ing resolution and moved its adoption: ! RESOLUTION BE IT RESOLVED by the Edina Village Council that the roadway easement on Lots 19, 20 and21, Edina InLerchanl,,c Center Third Addition be released except for the North 60 feet of Lot 19, Block 1, Edina Interchange Center Third Add' Lion. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcali there were five ayes and no nays and the resolution kfas adop ed. a � ATTEST: ` 7? Mayor IL Village Clerk r�Y4H_ —_l "' S'1'El': !tIi)5 TO I "' P ^!"'''' �toLion of: CounciLaan Courtney was seco by Counci.lr..:nn .•:.a. :ri•c: authorising the takin!� o' c six. cap h rcl'i >LCrs for the Liquor Ston :�.,,. , R1 ;37sj19" DECLARATION OF EASEMENTS, RESTRICTIONS, AND WAIVER OF DAMAGES For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt whereof is hereby acknowle ged, i the undersigned, (herein called "grantors ") do hereby grant, bargain, sell, release and quit claim to the Village of Edina, a municipal c poration, in the County of Hennepin, State of Minnesota, a perpetual easement for the storage and flowage of water; and also the right an privilege to trespass with water on, in, over, under and.above any o all of the lands of grantors hereinafter described (hereinafter call d , "Easement Area ") as such flowage may be affected by excavations and he P construction, maintenance, repair and reconstructions of dams, dikes ditches, diversion work and other structures under all conditions, o - dinary and extraordinary, at all seasons of the year; and the right nd privilege to enter on, in, over and under and to trepans on the Ease ent Area with and for the construction, maintenance, repair and reconstruc- tion of dams, dikes, ditches, diversion work and other structures, an with and for excavations. Grantors do hereby further grant, bargain, sell, convey and otherwise forfeit and release any right to dump upon, fill,.otherwise grade or raise the level of the Easement Area, The Easement Area herein referred to is situated in Hennep' County, State of Minnesota and is more specifically described as foil ws, to-wit: ✓ 4�GvLe� (� /�- -�� All that part of Lot 15, Edina Interchange Center Third Addition,laccording to the map or plat thereof on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying Westerly and South - westerly of a line Easterly and Northeasterly of, paral- lel to, and a perpendicular distance of 50 feet from, the following described line: Commencing at an iron mon- ument located on the Southerly right -of -way line of West r 70th Street, (County Road No. 28) a distance of 51 feet, more or less, Easterly of the center line of Nine Mile Creek; thence running Southerly along a line bearing South 30 20' 25" East a distance of 278.71 feet to an i' a TRANSFER ENTERED U tEORCE B. HICKEY, AUDITOR �p NITY. MINN. DESP.un 4 i I iron monument; then running Southeasterly along a line bearing South 420 23' 42" East a distance of 349.21 feet to an iron monument located on a line parallel with and 1068.76 feet West from East line of Government Lot 1, f Section 9, Township 116, Range 21, and there terminating. All that part of Lots 14, 16, 17 and 18, Edina Inter- change Center Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying Easterly and Northeasterly of a line Westerly and South - westerly of, parellel to, and a perpendicular distance F of 50 feet from, the following described line; Commencing at a point on the West line of the East 23.36 acres of Government Lot 2, Section 9,. Township 116, Range 21, a distance of 142.57 feet Southerly of the intersec- tion of said West line and the North.line of said Govern- ment Lot 2; thence on a convex curve to the right, delta angle 1600 13' 16 ", radius 80 feet, a distance of 223.71 feet; thence along a line bearing North 420 23' 42" West a distance of 754.80 feet to an iron monument; thence along a "line bearing North 30 20' 25" West a distance of 311.17 feet to the Southerly right -of -way line of said West 70th Street, and there terminating. i The grantors do hereby further grant, sell, bargain, releas and quit claim to the Village of Edina, a municipal corporation, an a se ment in perpetuity for public road purposes in, over, across and unde the following described property situate in the County of Hennepin, State of Minnesota, to -wit: i A strip of land 60 feet in width, in, over, across and I under Lots 19, 20 and 21, Block 1, Edina Interchange Center Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota.- ' r The exact location of said easement shall be determined in the.future y ' I the Village of Edina subject to the reasonable approval of the owner o owners of said property. When the exact location of said easement has r been determined, the Village of Edina shall release from this Easement for public road purposes that part of Lots 193, 20 and 21, Block 1, Edi a Interchange Center Third Addition, lying outside said easement. ' The grantors do hereby further grant, bargain, sell, release and quit claim to the Village of Edina, a municipal corp s oration a main tenance easement in and over the following described property situate i the County of Hennepin, State of Minnesota,,to -wit: -2 1 [ That part of Lots 13 and 14, Block 12 Edina Interchange Center Third Addition, lying Northerly of a line parallel with, and a perpendicular distance of 75 feet from, the Northerly line of said Lots 13 and 14, all according to the map or plat thereof on file and of record in the of- fice of the Register of Deeds in and for Hennepin County, Minnesota. Said easement shall include the right to enter the tract of land des cribed above with men and equipment for the purpose of landscaping s id tract of land, or for the purpose of perserving and maintaining the p e- sent or any future landscaping thereon, in such manner and to such an extent as the Village of Edina shall determine. Grantors do hereby create and establish the following restr c- tions: 1. The following described premises shall at all times re in ` undisturbed and untouched (including, but not limited.to, the prohibi tion on any movement of earth) and in their present natural condition and state, to -wit: All that part of Lots 14, 15, 162 17 and 18, Edina Inter- change Center Third Addition, according to the map or plat thereof on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, lying Westerly and Southwesterly of the following described Line A and Easterly and Northeasterly of the following described Line B. Line A: Commencing at an iron monument located on the 'Southerly right- of -wa;,• line of West 70th Street, (County Road No. 28) a distance of 51 feet, more or less, East- erly of the center line of Nine Mile Creek; thence run - ning Southerly along a line bearing South 30 20' 25" East a distance of 278.71 feet to an iron monument; thence running Southeasterly along a line bearing South 420 23' 42" East a distance of 349.21 feet to an iron monument located on a line parallel with and 1068.76 feet West -from East line of Government Lot 1, Section 91 Township 116, Range 21,and there terminating. Line B: Commencing at. a point on the West line of the East 23.36 acres of Government Lot 2, Section 9, Township 116, Range 21, a distance of 142.57 feet Southerly of the intersection of said West line and the North line of said Government Lot 2; thence on a convex curve to the right, delta angle 1600 13' 16 ", radius 80 feet, a distance of 223.71 feet; thence along a line bearing North 420 23' 42" West a distance of 754.80 feet to an iron monument; thence along a line bearing North 30 20' 25" West a distance of 311.17 feet to the Southerly right -of -way line of said • West 70th Street, and there terminating. 2. Wig thout the approval of the Village Council, no building, structure or improvement of any kind, except parking, shall be erected on the pre ises located in Edina Interchange Center Third Addition, described as follows, to -wit: . -3- • I Tract A: A tract of land abutting and lying Northeasterly of line A described in paragraph 1 above and Southwest- erly of aline parallel to, and, -a perpendicular distance of 50 feet from said Line A. Tract B: A tract of land, abutting and lying Southwest erly of Line B descr }bed in paragraph 1 above and North- easterly of a line parallel to, and a perpendicular dis- tance of 50 feet from said Line B. Tract C: That part of Lots 13 and 14, Block 11 lying Northerly of a line parallel with, and a perpendicular distance of 75 feet from, the Northerly line of said Lots 13 and 14. All according to the map or plat thereof on file or of record in the office of the Register of Deeds, in and for-Hennepin County, Minnesota. The grantors herein hereby certify that the lands herein de cribed are free and clear of all liens and encumbrances. The grantors herein further do hereby remise, release, acqu t and forever discharge on behalf of grantors and on behalf of grantors heirs, successors, representatives, grants or assigns, forever, the i Village of Edina, Hennepin County, Minnesota, and any and all of its f- ficers and employees and successors and assigns, of and from any and 11 claims,,demands or causes of action of every kind or nature whatsoeve , which may arise or accrue by virtue of any flowage or trespass within the terms of this easement, and grantors agree that the Village of Edna, at its option, may prosecute and proceedings at law or in equity agai st any person or persons violating or attempting to violate any of the pro visions of this paragraph, to prevent such violation,.or to recover ' da - ages therefor, or both. All of the provisions hereof shall run with the land and sha 1 extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. THIS INSTRMIENT IS EXEMPT OM / STATE DEED TAX. IN WITNESS WHEREOF, The grantor has executed these presents this 26 day of May 1969. IN PRESENCE OF: 77T STATE OF MINN E S0fk- ) s ZOUNTY —OF HENNEPIN` -� PAKO PHOTO, INC. B Its And C t� And _ Its�� a, No. 100S%— Certificate of Acknowledgment —Sy Corporation _ Miller -Davis Co., Mites apolis. Minn. 6tate of ... MINNE SO TA ..... ............................... 88. County of ..... RENNERIN ............ ............................... On this ....2,6th,.day of ................. MAY............ ........, 19....�t�.., before me, a .................... Nota,ry.. Public............. .._......................within and for said County personally appeared K.�....M.�.... Knopf .............................................. ............................... and................... Clend. an.... K ...... O ls. on ........................ ..................... to me personally known, who, being each by me duly sworn ......d.o .... ..... -- .... did say that they are r pectively the ....... Cha. iKMAP ........ ............................... and the ........ S. eQx. tar y.-. Treasur er ............................. ............... of Pako .... Photo,,..... Inc...., ..... a...N nne,sota...corporat. ion ..... ............................the corporation na d in the foregoing instrument, and that the seal a fixed to said instrument is the corporate seal of said cor oration, and that said instrument was signed and sealed in behalf of said corporation by authority of is Board of..... DizectQ.r.s ....... ............................and said ....................... K-14..... Kno. pf. .................................................................... ........... and .... Glendon ... K. a..... 01- SQ- n ............. ...................acknowledged said instrument to be the free act and of said corporation. . , �< •s �(Nota, #al Seal) Him Q-Qp�& County Notary Pub AR/ o J9 Notary 'PuNi.0, � .,n, C.auniy, Minnesota My Qoal�vssc- �s ,; ^x a Feb. 18, 1670. —5— lfgb I r JU4&69 1 9 0 2 C 05.75 0 A OFFICE OF r REG STER�OF D£EOS STATE O� c0u1f Ty CF HFNNE_PIN hereby certify that the within instrument was filed for record in this office on the L30 day ° JUN A. D. 1969 o`cloc ., and was duly recorded in book 69 ,,of Hennepin County Records page 378:1902 0 111munr wmf"ok oil acsoI, DORSEY, MARQUART, WINDHORST, WEST & HALLADAY JAMES E. DORSEY (19B9 -1939) DONALD WEST FREDERICK E. LANGE WALDO F. MAROUART JAMES B.VESSEY JOHN W.WINDHORST WILLIAM A.WHITLOCK HENRY HALLADAY E. J. SCHWARTZBAUER JULE M. HANNAFORD THOMAS M. BROWN ARTHUR &WHITNEY CORNELIUS D. MAHONEY RUSSELL W. LINDQUIST THOMAS S. ERICKSON DAVID RBRINK WILLIAM C. BABCOCK HORACE HITCH MICHAEL E.BRESS VIRGIL H.HILL PAUL G.ZERBY ROBERT V TARBOX RAYMOND A. REISTER DEFOREST SPENCER JOHN J. TAYLOR ROBERTJ.JOHNSON BERNARD G HEINZEN M. B. HASSELOUIST WILLIAM J. HEMPEL PETER DORSEY JOHN S. HIBBS GEORGE P. FLANNERY ROBERT O. FLOTTEN CURTIS L. ROY JOHN D. LEVINE ARTHUR E.WEISBERG ROBERT J. STRUYK DUANE E. JOSEPH MICHAEL A. OLSON Village of Edina 4801 West 50th Street Edina, Minnesota 55424 LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TE L EPH ON E: 333 -2151 AREA CODE: 612 CABLE ADDRESS:DOROW November 19, 1970 Attention: Mrs. Florence Hallberg Mr. James VanValkenburg LARRY W. JOHNSON THOMAS S. HAY CURTIS D.FORSLUND G. LARRY GRIFFITH CRAIG A. BECK DAVID L.McCUSKEY THOMAS 0. HOE JAMES H. O5IAGAN JOHN M.MASON MICHAEL W. WRIGHT LARRY L.VICKREY LOREN R.KNOTT PHILLIP H. MARTIN JOHN J. HELO,JR. REESE C' JOHNSON JAMES L HALVERSON CHARLES J. HAUENSTEIN CHARLES A. GEER JOHN C. ZWAKMAN In December of last year a partial release of easement was ex cuted by the Village whereby certain public road easements in Lots 19, and 21, Edina Interchange Center, Third Addition were released. A copy of that release is enclosed. At the time of preparation two numbers in one of the documents referred to in the agreement were reversed results. in a wrong reference to a filed instrument. We have now been requested give an amended partial release of easement for the purpose of eorrecti the error. There are enclosed an original and one copy of a partial rele of easement given for the purpose of correcting this document number. have reviewed this partial release and find it exactly the same as the release except for the corrected reference. I have initialed each page each document in the upper right hand corner indicating my approval. JOHN R.WICKS EUGENE L.JOHNSON ROBERT O. KNUTSON JOHN WWINDHORST,JR MICHAEL PRICHARD WILLIAM R. SOTH RIC14ARD G. SWANSON RICHARD W DYFOUR,JR FAITH L.OHMAN DAVID A RANHEIM ROBERT J. SILVERMAN OF COUNSEL DAVID E. BRONSON LELAND W. SCOTT LEAVITT R. BARKER The parties requesting execution of the new release are in the process of selling the property and wish to close next Monday. Therefor they are providing a messenger for delivery of this document to you for your execution. Will you please sign both copies of the document and return them to the messenger. TSE:mj Enclosures If you have any questions on this matter, please call me. Very truly yours, Th S. Erickson PARTIAT, RELEASE OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that F WHEREAS, under the dates of February 20, 1969, February I, 1969, February 21, 1969 and February 26, 1.969, Metro U.S. Constructio Corpo- ration, a corporation under the laws of the State of Minnesota, Martin Rang, Sarah Ring, Harold Rang, Florence Ring, Louis Sach , Sarah Sachs, Richard F. Sachs, Elaine Lonnie Sachs, Dworsky Bro hers, a co- partnership consisting of 2, A. Dworsky, Peter A. Dworsky nd Harry Dworsky, and Pako Photo, Inc., a corporation under the la s of the State of Minnesota, as Grantors, executed a Declaration of ase- ments, Restrictions and Wdiver of Damages which has been record d in the office of the Register. of Deeds of Hennepin County as Docum nt numbers3770391, 3771350, 3771351 and 3781902 on April 15, 1969 April 21, 1969, April 21, 1969 and June 30, 1969 respectively; nd WHEREAS, by the provisions of said Declaration, the gran ors therein did grant, sell,, bargain, release and quit claim to the said Village of Edina, a municipal corporation under.the laws of the State of Minnesota, an easement in perpetuity for public road purpose in, over, across and under the following described property situate in the County of Hennepin, State of Minnesota, to -,wit: A strip of land 60 feet in width in, over, across and under Lots 19, 20, 21, Block,l, Edina Interchange Center Third Addition, according to the map Or plat thereof on file and of record in the office of the Register of Deed in and for Hennepin County, Minnesota; and WHEREAS, it was further stipulated in said Declaration .t at the exact location of said easement shall be determined in the uture by saidVillage of Edina, subject to the reasonable approval of he owner or owners of said property, and that when the exact location of said easement has been determined, the Village of Edina shat, release from said easement for public road purposes that part o Lots 19, 20 and 21, Block 10 Edina Interchange Center, Third Ad ition, lying outside said easement; and WHEREAS, said Village of Edina by action of _its Village Council has duly determined the exact location of said easement as the orth 60 feet of said Lot 19, and said Metro U,S. Construction Corpor tion, one of the grantors in said Declaration and now by conveyances f record the sole owner of said Lot 19, has approved said locatio I , and said Village Council has accordingly authorized release of said ease- ment in and over the remainder of said lots, THEREFORE: In consideration of the said provisions of said`beclaration, the said Village of Edina does hereby release from said easement for public road purposes All the tracts or parcels of land lying and being in the County of Hennepin and State of Minnesota described as follows., to--wit: All of said Lots 19, 20 and 21, Block 1, Edina Interchang Center, Third Addition, except the North 60 feet of said Lot 19, it being the intention Of the parties hereto that said easement in perpetuity for public road purposes gran a' by said Declaration over said lots shall, be confined said North 60 feet of said Lot 19. This Partial Release is executed to correct reference i Document No, 3817005 recorded January 20, 1970, wherein Docume t No. 3770391 was incorrectly referred to as Document No. 377031 . IN TESTIMONY WHEREOF, the said Village of Edina has cau ed these presents -to be executed in its corporate name by its May r and its Village Clerk, and its corporate seal, to be hereunto a fixed i the day and year first above written, by authority of its Vll. ge Council, and said Metro U.S. Construction Corporation, as owne of a said Lot 19 has.joined in execution hereof to acknowledge its pproval thereof, in presence of: (Corporate Seal) METRO U.S. CONSTRUCTION By___- resiaen VILLAGE OF EDINA By L ) % Its b And ` } Its C STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this day of , 19700 before a Notary Public within anc -for said county, personally appeared A. Bernardi, to me personally known, who being by me duly sworn, did say that he is the President of Metro U,S. Construction Corp the corporation named in the foregoing instrument, and that the affixed to said instrument is the corporate seal, of said corpora and that said instrument was signed and sealed on behalf of said tion by authority of its Board of Directors, and the said Presid acknowledged said instrument to be the free act and deed of said Metro U.S. Construction Corporation. Notary STATE OF MINNESOTA ) ') SS. COUNTY OF HENNEPIN ) 50 ION IF ration, eal ion, corpora - nt On this day of , 1970, befo a me, a Notary Public wit in an or said county, persona ly appeared and , to me personally known, who, being each by me,dul.y sworn, did say that they are respectively the Mayor and Clerk of the Village of Edina, th municipal, corporation named in the foregoing instrument, and tha the seal, affixed to said instrument is the corporate seal of said do pora- tion, and that said instrument; was signed and sealed on behalf o_ said Village of Edina by authority of its Village Council, and said Ma or and Village Clerk acknowledged said :instrument to by the free act and deed of said Village of Edina. Notary 1 Dear Fred: Enclosed herewith please find the Declarations of Easements, Restrictions, and Waivers of Damages concerning the Edina Inter - Change Center Third Addition. The enclosed instruments have been filed in the office of the Register of Deeds in and for Hennepin County. A fourth copy of said Declaration of Easements, Restrictions and Waiver of Damage containing the balance of the signatures omitted on the enclosed instruments is filed both in the office of the Registr of Titles and office of Register of Deeds in and for Hennepin County. The filing data on said instruments is as follows: Registrar of Titles - filed April 15, 1969, Document Number 93946 Register of Deeds - filed April 15, 1969, recorded in Book 69 Hennepin County Records, page 3770391. If you have any questions concerning said Declarations or the fil of same, please call. Very truly yours, 04a ip . Boelter PFB /c Enclosure CHARLES A. GEER JOHN C.ZWAKMAN JOHN R.WICKS EUGENE LJOHNSON ROBERT O. KNUTSON JOHN W. WINDHORST JR. MICHAEL PRICHARD RICHARD G.SWANSON RICHARD W. DuFOUR,JR. FAITH L.OHMAN DAVID A. RANHEIM ROBERT J. SILVERMAN OF COUNSEL DAVID E. BRONSON HUGH H. BARBER LELAND W. SCOTT LEAVITT R. BARKER DORSEY, MARQUART, WINDHORST, WEST $ HALLADAY JAMES E" DORSEY 6889 -1959) DONALD WEST DUANE E. JOSEPH LAW OFFICES MICHAEL A.OLSON WALDO F MARQUART FREDERICK E. LANGE . LARRY W. JOHNSON JOHN W. WINDHORST JAMES B_ VESSEY /' ^ ""•- " "' `2400 FIRST NATIONAL BANK BUILDING THOMAS S_ HAY HENRY HALLADAY WILLIAM &WHITLOCK,: :e, I CURTIS D. FORSLUND JULE M. HANNAFORD E. J. SCHWARTZBAUER `p MINNEAPOLIS MINNESOTA 5 5 4 0 ?. G. LARRY GRIFFITH ARTHUR B.WHITNEY THOMAS M.BROWN \1 ""°'� � CRAIG A. BECK RUSSELL W-LINDOUIST CORNELIUS D. MAHONEi'- -- ..,..�.,- ....... DAVID L.McCUSKEY DAVID R. BRINK THOMAS S. ERICKSON THOMAS O. MOE HORACE HITCH MICHAEL E. BRESS TELEPHONE: 333-2151 JAMES H.0'HAGAN VIRGIL H.HILL PAUL G.ZERBY AREA CODE: 612 JOHN M. MASON ROBERT V. TARBOX RAYMOND A.REISTER MICHAEL W. WRIGHT D[FOREST SPENCER JOHN J_TAYLOR CABLE ADDRESS: DOROW LARRY L.VICKREY ROBERT J. JOHNSON BERNARD G. HEI NZEN LOREN RANOTT M. B.HASSELOUIST WILLIAM J. HEMPEL PHILLIP H. MARTIN PETER DORSEY JOHN S. HIBBS JOHN J. HELD,JR GEORGE RFLANNERY ROBERT O_FLOTTEN. REESE CJOHNSON CURTIS L.ROY JOHN 7d LEVINE JAMES T. HALVERSON ARTHUR E.WEISBERG tsTRUYI CHARLES J. HAUENSTEIN $4 J August 11, 1969 Mr. Fred Hoisington Village of Edina 4801 West 50th Street Edina, Minnesota Dear Fred: Enclosed herewith please find the Declarations of Easements, Restrictions, and Waivers of Damages concerning the Edina Inter - Change Center Third Addition. The enclosed instruments have been filed in the office of the Register of Deeds in and for Hennepin County. A fourth copy of said Declaration of Easements, Restrictions and Waiver of Damage containing the balance of the signatures omitted on the enclosed instruments is filed both in the office of the Registr of Titles and office of Register of Deeds in and for Hennepin County. The filing data on said instruments is as follows: Registrar of Titles - filed April 15, 1969, Document Number 93946 Register of Deeds - filed April 15, 1969, recorded in Book 69 Hennepin County Records, page 3770391. If you have any questions concerning said Declarations or the fil of same, please call. Very truly yours, 04a ip . Boelter PFB /c Enclosure CHARLES A. GEER JOHN C.ZWAKMAN JOHN R.WICKS EUGENE LJOHNSON ROBERT O. KNUTSON JOHN W. WINDHORST JR. MICHAEL PRICHARD RICHARD G.SWANSON RICHARD W. DuFOUR,JR. FAITH L.OHMAN DAVID A. RANHEIM ROBERT J. SILVERMAN OF COUNSEL DAVID E. BRONSON HUGH H. BARBER LELAND W. SCOTT LEAVITT R. BARKER