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HomeMy WebLinkAbout1501S EASEMENT FOR STORM SEWER THIS INSTRUMENT, Made this 13thday of by and between R. R. Lundgren Inc. 1971 , , a corporation under) the laws of the State of Minnesota, party of the first part, and the Millage of Edina, a municipal corporation organized 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 and No /100 (1.00) Dollars, to them in 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 storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstruct- ing a storm sewer system in, under, and over the following doscrib- ed property situate in the County of Hennepin and State of Minnesota, to -wit: That part of the West five hundred twenty -five feet (52 1) of the East six hundred seventy -five feet (675') of the South fourteen (14) rods of Government Lot 1, Section 32, Township 117, Range 21 lying within a ten foot (10') wi e strip of land, the centerline of which is described as follows: Beginning at the Southwest corner of Lot 2, Block 1, Schluter's Addition; thence North along the West line of said Lot 2 a distance of one hundred twenty feet (1 0'); thence Northwesterly at a deflection angle to the left of sixty (60) degrees, a distance of forty feet (40') and there terminating. This instrument is exempt from the State Deed Tax This instrument was drafted by Village of Edina 4${31 West 50th Street Zdina„ Minnesota, 065494 It is contemplated that parties of the first part a future time wish to make improvements to this property. Itlis agreed that parties of the first part will have the right to such improvements and may require the temporary removal from,lor at temporary relocation on, said Lot 2, Block 1, Schluter's Addition, of the pipe during construction of such improvement as party Of the second part shall elect, and upon completion of such i the pipe shall be replaced to its prior location. Party of second part is hereby granted the right and easement to relocate the pipe upon said Lot 2 if relocation instead of removal is elected by party of the second part, the area of such relocation to be determined by party of the second part subject to the reasonable approval of parties of the first part. Parties of the first part further agrees, before any construction or improvement of any kind is done on the property owned by parties of the first t part and of which this easement forms a part, and which construction or improvement will or may reasonably be expected to result in a movement or dislocation of, or damage to, the pipe then installed in the easement area, or which may result in temporary removal or relocation of the pipe pursuant to the preceding sentence, pa of the first part will give written notice to party of the second part at least ten days prior to the beginning of such constru or improvement, stating in said notice the kind of construct! improvement to be done and the date of commencement thereof. of the second part shall then take such reasonable efforts as of the second part may think necessary to protect and damage to the pipe or, if required pursuant to the foregoing provisions, to remove or relocate the pipe, at the cost and or Party party of party of the second part. However, if no such notice be given 0 by parties of the first part to party of the second part, and if damage results to any pipe then in the easement area as a result of the construction or improvement, parties of the first part shall repair such damage pursuant to and in accordance with specifications and requirements of party of the second part, at the sole cost and expense of parties of the first part. Thes provisions shall not be construed to give parties of the firs part the right to permanently remove or permanently relocate such pipe or in any way to permanently use the easement area trary to the right of party of the second part therein, as granted by this easement. The receipt and acceptance of this grant o easement by party of the second part shall be deemed consent agreement by party of the second part to the terms and condi of this paragraph and of the succeeding paragraph. It is the intention and agreement of the parties hereto that the party of the second part shall in the construction, maintenance of said storm sewer replace any shrubs or sod by any excavation in connection with such construction or ance work, in as nearly as possible the same condition as be such excavation. I t IN TESTIMONY IVHEREOF, The said first party has caused these presents to be executed in its corporate name by its President and its a r� nv, ' + r + o 91 +Q 1-0 T - -a; d day an ear fii t -bove written, L In Presence of: Its President 91_��7 � �1101%__ i ST. TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Its On this 13th day of Ju , 19 71 , before me, a �tary Public, within and for said County, persona ly appeared R. R. Lu re and , to me personally known, who, being each by me duly sworn, did say that they are respectively the President and the of the corporation named in the foregoing inst ument ponxtimc, and that said instrument was signed ammtxx=d d in behalf of said cor- poration by authority of its Board of and said Preside kit and acknowledged said instrument to be the free act '17d deed of said corporations and that said corporation has no corporate seal. a C?ta L FR mars Notary Public, o Hennepin Couaty, �, MY Commissin i_:, zes June 2A 19M V, OFFICE OF REGISTER OF WEDS: STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within instrument was filed for record in this office on the 19 day of JUL A.D. 1971 at// o'rloc"Am., and was duly recorded In boob V I of Hennepin County Records page -7e A= I . -ACTING REGISTER gE By DEPUTY REGISTER OF DEEDS O?A I Y � 6_40F TRANSFER ENTERED JUL I ro 1971 DEPT. OF Fil"V1,NCE HEN - N UN-- INN. By DEPUTY L4. JUL 19-71 5 5 Ir' 7 C." 0 0 8 V, OFFICE OF REGISTER OF WEDS: STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within instrument was filed for record in this office on the 19 day of JUL A.D. 1971 at// o'rloc"Am., and was duly recorded In boob V I of Hennepin County Records page -7e A= I . -ACTING REGISTER gE By DEPUTY REGISTER OF DEEDS O?A I Y � 6_40F TRANSFER ENTERED JUL I ro 1971 DEPT. OF Fil"V1,NCE HEN - N UN-- INN. By DEPUTY I 3895556 EASEMENT FOR STORM SEWER THIS INSTRUMENT, Made this 12thday of Ju by and between to r, 1971, husband and wife , of the County of He nepin and State of Minnesota, parties of the first part, and the Vi lage of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, that the said parties of the first part, consideration of One and No /100 (1.00) Dollars, to them in ha; in paid by the said party of the second part, the receipt whereo is hereby acknowledged, do Grant, Bargain, Sell, Convey, and War ant to said party of the second part an Easement in perpetuity fo storm sewer purposes, including the right to enter for the pu pose of constructing, maintaining, altering, repairing and reconst uct- ing a storm sewer system in, under, and over the following de crib - ed property situate in the County of Hennepin and State of Mi nesota, to -wit: The South one hundred twenty -five feet (125') of the West five feet (5') of Lot 2, Block 1, Schluter's Addition This instrument is exempt from the State Deed Tax This instrument was drafted by Village of Edina 4801 West 50th Street Edina,. Minnesota 55424 S •0 n It is contemplated that parties of the first part y at a future time wish to make improvements to this property. Itlis agreed that parties of the first part will have the right to such improvements and may require the temporary removal from,lor temporary relocation on, said Lot 2, Block 1, Schluter's Addition, of the pipe during construction of such improvement as party of the second part shall elect, and upon completion of such improvement the pipe shall be replaced to its prior location. Party of second part is hereby granted the right and easement to relocate the pipe upon said Lot 2 if relocation instead of removal is elected by party of the second part, the area of such relocation to be determined by party of the second part subject to the reasonable approval of parties of the first part. Parties of first part further agrees, before any construction or i the nt of any kind is done on the property owned by parties of the first part and of which this easement forms a part, and which construction or improvement will or may reasonably be expected to result in a movement or dislocation of, or damage to, the pipe then installed in the easement area, or which may result in temporary removal or relocation of the pipe pursuant to the preceding sentence, parties of the first part will give written notice to party of the s part at least ten days prior to the beginning of such construction or improvement, stating in said notice the kind of constructic improvement to be done and the date of commencement thereof. of the second part shall then take such reasonable efforts as of the second part may think necessary to protect and prevent damage to the pipe or, if required pursuant to the foregoing or Party party provisions, to remove or relocate the pipe, at the cost and expense of party of the second part. However, if no such notice be given by parties of the first part to party of the second part, and if damage results to any pipe then in the easement area as a result of the construction or improvement, parties of the first part shall repair such damage pursuant to and in accordance with specifications and requirements of party of the second part, at the sole cost and expense of parties of the first part. Thes provisions shall not be construed to give parties of the firs part the right to permanently remove or permanently relocate such pipe or in any way to permanently use the easement area con- trary to the right of party of the second part therein, as granted by this easement. The receipt and acceptance of this grant o easement by party of the second part shall be deemed consent agreement by party of the second part to the terms and conditions of this paragraph and of the succeeding paragraph. 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 storm sewer replace any shrubs or sod by any excavation in connection with such construction or mailnten- ance work, in as nearly as possible the same condition as bei such excavation. i ' , If . 0 IN WITNESS WHEREOF, The said parties of the first pa 1 have hereunto set their hands and seals the day and year first above written. In Presence of: STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) hus wife On this 12th day of July , A.D. 19 71 , before me, a Notary Public within and for said County, personally appeared Richard C. Schluter and husband and Norma S. Schluter I , wife to me known to be the persons described in and who executed th foregoing instrument, and acknowledged that they executed the as their free act and deed. F! ;n - F R. HA[18E4G henoeptn couft Mien. my Gomoi ssIon Expires Dec. 31, 1971 �.s'C5/ V JUL 19 -71 5 5 6 4.DO?a B OFFICE OF REGISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within inStruTnWit was filed for record in this office 011 the 19 day of JUL A.D. 1971 at // ,CJ o'clockA M., and was duly recorded In b(x*, :7lof Hennepin County Records Page , ACTING REGIST 0 .-DEEDS DEPUTY REGISTER OF DEED • 4 IY TRANSFER ENTERZED JUL 1t, ,v(1 DEPT. r?I.. r i` AINIICE „Y 1r1iNN. 13f-iEl�ify�2 , DEPUTY THIS IMSTRUNW. Bade this L a, jday of 1971,„ a corporation under the law of the State of Ni.nnesota, party of the first part, and the Viilage of Winao a nenicipal corporation organised under the laws of the State of xinnesota, party of the second party M2TMSNM, that the said parties of the.first parts in consideration of One and No /100 (1.00) Sollars, to them in h paid by the said party of the second part, the receipt whereo� is hereby acknowledged, do Want, Bargain„ Sell, Convey, and to said party of the second part an sasement in perpetuity storm soarer purposes, including the right to enter for the of constructing, ms►intainiag, altering, repairing and inq a storm seiner system in, under, and over the following ed property situate in the County of Nennepin and State of Mi rsota# to -wit's That part of the 'Nest five hundred twenty -five feet (525 of the Best sine hundred sewonty- five feet (6751) of the South fourteen (14) rods of - t Lot 1 Section 32 Township 117, Runge 21 lying within a ten foot (101) wi strip of land, the centerline of which is described as follows: Beginning at the Southwest corner of Lot 2, Block 1, Schluter. "s Additions thence North along the Best line of said Lot 2 a distance of one hundred twenty feet (120 )t thence Northwesterly at a deflection angle to the left o sixty (60) degrees, a distance of forty feet (401) and there terminating. This instrument is exempt from the State Deed Tax This instrument was drafted by Village of Edina 4801 West 50th Street Edina,, Minnesota 55424 It is contemplated that parties of the first part a future time wish to sake improvements to this property. Itlis agreed that parties of the first part will have the right to such improvements and may require the temporary removal from,Ior temporary relocation one said Lot 2, 'lock1, Schluter's addi of the pipe during construction of such improvement As party the second part shall elects and upon completion of such the pipe shall be replaced to its prior location. tarty of second part is hereby granted the right and euement to the pipe upon said Lot 2 if relocation instead of removal is elected by party of the second part, the area of such to be determined by party of the second part subject to the reasonable approval of parties of the first part, parties of first part further agrees, before any construction or at of any kind is done on the property owned by parties of the first part and of which this easement forms a part, and which eons a 4 or improvement will or may reasonably be expected to result in a sowement or dislocation of, or damage to, the pipe then in the easement area, or which may result in temporary removal�or relocation of the pipe pursuant to the preceding sentence, of the first part will give written notice to party of the part at least ten days prior to the beginning of such o or improvement, stating in said notice the kind of construction or improvement to be done and the date of commencement thereof,, of the second part shall then take such reasonable efforts as of the second part may think necessary to protect and prevent damage to the pipe are if required pursuant to the foregoing provisions, to remove or relocate the pipe, at the cost and of party of the second part. Kowever, if no such notice be by parties of the first part to party of the second part# if damage results to any pipe then in the easement area as a result of the construction or improvements parties of the first part shall repair such damage pursuant to and in accordance with specifications and requirements of party of the second.part, the sole cost and expense of parties of the first part• she provisions shall not be construed to give parties of the fir part the right to permanently rewm* or permanently relocate such pipe or in any way to permanently use the easement area trary to the right of party of the second part thereins as by this easement. The receipt and acceptance of this grant easement by party of the second part shall be deemed consent agreement by party of the second part to the terns and ctondi of this paragraph and of the succeeding paragraph. It is the intention and agreement of the parties that the pasty of the second part shall in the constructions maintenance of said storm sewer replace any shrubs or sod by any excavation in connection with such construction or ance Mork, in as nearly as possible the same condition as such excavation. IN TESTIMONY WHEREOF The said first party has caused these presents to be executed in its corporate name'by its President and its and its corporate seal to be hereunto affixed day and ypr_. rst above writtent U �• IL.' SAR31domm 2W* In Presence of: By rrraq Its 3TkTE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Pr 46 ident On this 13th day of July , 19 71 , before me, a otary Public, within and for said County, personally appeared R. R. Lund r n and :XSci���X� ey are respec ively,�x President and he zxzxzxax of the corporation named in the foregoing inst ument and that the seal affixed to said instrument is the corporate seal of said cor- poration, and that said instru Ott e�oand_j dh:* 4he pdja 1r- poration by authority of its oardd o Vor and said Presid nt and acknowledged said instrument to be the fre act and deed of said corporation, (Notarial Seal) FRANCES J.9R/MLEY J C Notary Public, Hennepin Couritt, loom My June 28, 1 c .& 3 Yop- q—A� �� 3895556 Ushow eat by ,nowt bet" wo tort alb *! -1-- 0 PW"" of 0 am* • are ow *9 aim, a ss rsae aor eat +ars r Ow law e# Uq a *to= a glows Sao Usawo Od sow fte so vrovwtr 01tw+a m it the comtr as nows is art sterna► as am seaft am boadved air -gum s it Unq of the sot vo Soot it') es gore so MGM* to addatmos A"itum '!tea L"twW wrat to t txva the state D"dt "mac This instrument was drafted by Village of Edina 4801 West 50th Street Edina„ Minnesota 55424 n to ao aaa�p►lataA that Per at tbo t eirst owt mat at a tatwo tun Wma to moko ira as saaaata to qtr, Ott alre" that t"w of the cunt paart viii bazar aw WAO% to seek a" ay I" the tom+ r srIm"im +arM o amid & a t 1. Ko* to ablarta>Ar to of the t ftwi +wraMNMrta mores ► of aardb lopm a wl emot so po tp the 0000" pwa abal& a3Ctt, +ties/ qm-- agar OR sum* tba PASO Ali be spa to its ptsw to t ► " ..ae" "ft la baa t""" sm ArAot a" aaa"S" to paa�rt at l+a�awrs taaa fte swim to tho satin of air rasing n g apt# *%a" Saar so" aa' the kind of of paarty of tba pwt, 1io r it aw aaab souse be r. by p uctlAw of liar *Am* gmt to pefty of tko oem" VW%• Wd ! It to the i��os so" pae*A4* t'b t Wo piw" of 'moo *Good d PWt dmlkU " moo- IMMtlmol e oMOk --am of *&U aftwo oWW xqp& oM SW dWWW or a" by aw mili t " lob "a am" ow #IWAm imullo La as SWAV M roMAme as Vii., t so 401AI06 qwawoomrw►*A"* IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of; STATE OF MINNESOTA) ss COUNTY OF HENNEPIN) On this 12th day of July A.D. 19 71 , bef me, a Notary Public within and for said County, personally aF 00-11 u d C. #Chutw and aN s 1s ' b"ba" and att to me known to be the persons described in and who executed e ared foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) FlGF. N - ^F g HA►.LPERg hoiary a�,bti� tten;,rPin Count, Ymt MY �am;�c;ssior. �x(.;ites LeC. 31, 1 7� I,,' / 1 . TRANSFER ENTERED -, JUL 16 jgT1 DEPT. OF FINANCE HN P , MINN. BY bEPUTY