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HomeMy WebLinkAbout1683Q� TIDES GRANT OF EASEMENT By THIS INDENTURE, Made this 3!tJ- day of & � 1972, bet- ween Y0J TOyN INVESTMENT CO., INC., a Minnesota corporation, GLACIER SAND AND GRAVEL COMPANY, a Minnesota corporation, and GEORGE J. ABLAH and VIRGINIA L. ABLAH, husband and wife, (hereinafter together called "Owners "), parties of the first part, and VILLAGE OF EDINA (hereinafter called "Edina "),,a corpora- tion under the laws of the State of Minnesota, party of the second part, WITNESSETH, That Owners, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, to them in hand paid by Edina, the receipt whereof is hereby acknowledged, do hereby Grant, Bargain, Sell, and Convey unto Edina, its successors and assigns, perpetual scenic and open space easements in, over and across the tracts of land described as follows: -The Westerly 20 feet of Lot 2 and Lot 3, Block 7; .-The Westerly 20 feet of Lot 1, Lot 2 and Lot 5, Block 1; 6 .The Easterly 20 feet of Lot 1, Block 2; 'he Easterly, Southeasterly and Northeasterly 20 feet of Lot 1, Lot 2 and Lot 4, Block 6; .The Easterly 20 feet of Lot 1, Block 5; ,The Westerly, Southwesterly and Northwesterly 20 feet of Lot 1, Lot 2 and Lot 3, Block 3; ,The Westerly 20 feet of Lot 1, Block 4; .,The Northerly 15 feet of Lot 1, Lot 2 and Lot 3, Block 1; - the Northerly 15 feet of Lot 1, Block 2; ,-The Southerly 15 feet of Lot 4 and Lot 5, Block 1; Zhe Southerly and Southeasterly 15 feet of Lot 1, Block 2; _The Northerly 15 feet of Lot 1 and Lot 2, Block 7; .,The Northerly and Northwesterly 15 feet of Lot 1, Lot 2 and Lot 3, Block 6; -The Easterly 10 feet of Lot 3 and Lot 4, Block 1; *The Easterly and Southeasterly 10feet of Lot 1, Lot 2 and Lot 3, Block. 7; -,The Westerly 10 feet of Lot 1, Block 2; the Westerly 10 feet of Lot 3, Block 6; ,The Westerly and Northwesteily 10 feet of Lot 4, Block 6; The Southerl. 10 feet .,, �.,t the Northerly 10 feet of Lot 1, Block 5; t=he Easterly 10 feet of Lot 1 and Lot 3, Block 3; That part of Lot 2, Block 3, .Lying Easterly of a line drawn . parallel with and 10 feet Westerly of the most Easterly Line of said Lot 2, and that part of said Lot 2 lying Easterly of a line drawn parallel with and 10 feet Westerly of the Westerly line of Outlot: D, and that part of said Lot 2 lying Northerly of a line drawn parallel- with and 10 teat Southerly of the Southerly line of said Outlot D; ,The Southerly 10 feat of l,ot 3, B1()cl: 3; Inc, I'tie P';erthcrly 10 feet. of I,ot 1, L'lc,c Ic 4. 2 junwm WOO imM 311972 ut� •� All in Yorktown, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter called the "Edina Easements "). Together with certain rights and privileges in and to the lots in said plat of Yorktown in, over and across which the Edina Easements are hereby granted, which rights and privileges are hereby granted to Edina, its succes- sors and assigns, for the protection and benefit of the Edina Easements and Outlots A, B, C and L, said plat of Yorktown (said Outl.ots bein- owned by Edina and being hereinafter called the "Edina Lots "), and which rights and privileges are as follows: 1. No driveways, parking lots, signs, advertising, displays, buildings, structures, equipment, or any hard surfaced, non - vegetative area, or any material or property of any kind whatsoever, shall be placed or maintained on or in the Edina Easements, or any part thereof, without, in each instance, the prior written consent of Edina; provided, however, that curb cuts and access driveways shall be allowed in the locations shown on Exhibit A attached hereto and hereby made a part hereof. Also no grass, shrubs, trees, plants or growing things of any kind shall be placed or maintained on the Edina Easements, or any part thereof, without, in each instance, the prior written consent of Edina. 2. The owner of each lot in said plat of Yorktown in, over and across which an Edina Easement exists, at the time of obtaining a building permit from Edina for that lot, shall agree, and by acquisition of the lot subject to the Edina Easements and rights and privileges hereby granted Edina does agree, to berm, sod, shrub and plant the Edina Easement areas on that lot pursuant to plans and spect- f::icateioiis to he app,-oved by lal:ina, whi-ch approval sh<;ll not -2- F -MIBIT A I � I'I 0 I J X W 70TH ST F r. I _.C-3 I I I C93 ., LIBRARY phR FnA eue ow .'9o.Fr. � I �V 5a� . IC -3 l I I C -3 o ms.ass.awa Xi3�40m.2B> BO.FT. N ,.P9B At E9 � / Qp s � -.- 4m 9a.� ACF` 6 I Im. 2.30a ACTiE6 2 P -'1 FT wo a n _ I 2o3,EO3 I C -3 m >g A-13 I Ea. R' S - -- z3e esBS cwES a ,oe,ea,U sna Fra• �__. .. Ps>o Acores � 11/ 1 1� W >¢NO ry >U9�Ea03 H:i. FT. �� �$ E490 UN�T6 .�� .N � 2..� : 998.0> 9O. FT• 383,> so.FT. 1 I 1 —LI.n(A,Ew OR ICI - ,83,785 B>, 5 FT. _. __ l B,m ' 1 � L - -1 m w I I i n I YMCA Q i °• I m -3 I I ea.raa ,o s3. eco 9Aaw. T6 . a R N e U I .A2. ,4.e> IX n„ I I 328 LL 228 parcel plan j \.j f-] W adr�N %0 a a 6 %w Est 6,a.'� uo w I :l; r YOFIKTOWN INVESTMENT CO bother , ��+ wrs6s`telci inc L- A 103,3728 RF R E 0 VO _.PAGE_ .0 :7 TLES 0 Ty OF P \v;'h;n instrumej-,f vv: �l 3 TP'C !n c.,- cin the o JUN 1972 t o--. k [Gist R Of TFI LES By DEPUTY REGISTRAR OF TITLES unreasonably be withheld, and bonds to guaranty such berm - ing, sodding, shr.ubbing and planting shall also then be de- livered to Edina in an amount, and in form and substance, reasonably acceptable to Edina, and thereafter the owner of that lot shall at all times maintain such landscaping pur- suant to such plans and specifications and shall also main- tain the Edina Easonnents on that lot in a neat and orderly condition, all at the owner's sole expense. 3. In connection with the construction of any building upon Lot 3, Block 1, Lot 4, Block 1, Lot 1, Block 7, or Lot 3, Block 6, said plat of Yorktown, there shall also be constructed a pedestrian walkway at least twenty (20) feet in width extending from the adjoining Edina Lot to said building. Said walkway shall not have any driving or parking areas on or crossing the same and shall be constructed and landscaped pursuant to plans and specifi- cations to be approved by Edina at the time of issuance of the building permit for such building, and bonds to guaranty such construction and landscaping shall also then be delivered to Edina in an amount, and in form and substance, reasonably acceptable to Edina. Said walkway thereafter shall be maintained at all times in a neat and clean condition, and free of ice and snow, at the sole expense of the owner of the lot in said plat of Yorktown upon which it is constructed. 4. At all times there shall, be maintained upon Lot 1, Block 2, said plat of Yorktown, a convenient and safe means of ped- estrian ingress and egress to and from the adjoining Edina Lot to the building from time to time upon said Lot 1, Block 2, stich means of ingress and egress to be located and con- structed by, aria aL the sol.c expel -'Se of:, the, owner- of said -3- Lot 1, but subject to the reasonable approval of Edina. Said ingress and egress thereafter shall be maintained at all times in a neat and clean condition, and free of ice and snow, at the sole expense of the owner of said Lot 1. owners do further hereby agree as follows with respect to the Edina Easements and to rights and privileges hereby granted to Edina: 1. That the rights and privileges hereby granted Edina shall be deemed to be and are covenants and restrictions passing with the title to each lot in, over or across which the Edina Easements exist, for the benefit and protection of the Edina Easements and Edina Lots, and shall apply to and bind each and every present and future owner, occupier and encumbrancer of such lots 2. If any provision of this instrument is for any reason held to be invalid or unenforceable as to any lot or outlot within said plat of Yorktown; or any person or circumstance, the application of such provision to lots and outlots within said plat of Yorktown, or to persons or circumstances, other than those as to which it shall be held invalid and unenforceable, shall not be affected thereby, and all provisions of this instrument, in all other respects, shall remain in full force and effect and be valid and enforceable. 3. If any person shall violate or attempt to violate any of the Edina Easements or rights and privileges hereby granted to Edina, its successors and assigns, it shall be lawful for Edina, its successors and assigns, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such Edina Easements or rights or privileges, and either to prevent such violation or to re- cover damages therefor, including attorney's fees. -4- Provided, however, that Owners, for themselves and their respective heirs, representatives, successors and assigns, reserve the right, subject to the foregoing provisions of this instrument, to use, occupy and enjoy the Edina Easements, including the right to use the area within the Edina Easements for the purpose of calculating densities, floor area ratios and site coverage; and provided further, however, that service lines to the 1ot.s in said plat of Yorktown from the water mains, sanitary sewer lines, storm sewer lines, tele- phone lines, electrical lines, gas lines and other utilities and services, in the public streets may be installed underground in the Edina Easements pur- suant to plans and specifications to be approved by Edina. And Owners, for themselves and their respective heirs, representa- tives, successors and assigns, do covenant with Edina, its successors and assigns, that they are well seized in fee of the Edina Easements and of the lots in Yorktown in, over and across which the Edina Easements are granted, and have good right to grant the Edina Easements and the rights and privileges as herein contained, and that the same are free from all incumbrances. And the above granted Edina Easements and rights and privileges in the quiet and peaceable possession of Edina, its successors and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, Owners will Warrant and Defend. IN TESTIMONY lalEREOF, the said first parties have caused these pre- sents to be duly executed the day and year first above written. In Presence of: YO By 6-1'" Au (corporate seal) Irporate -5- CLACIEI AND AND GRAVEL COMPANY By Its Jam_ And�.� - - Its____° --= f, STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this 3rd day of May , 1972, before me, a Notary Public within and for said County, personally appeared _-George T. Ablah and Eugene A. Rancone to me personally known, who, being each by me duly sworn, did say that they are respectively the President and the Secretary of YORKTOW1.,1 INVESTMENT CO. , INC., one of the corporations 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 George J. Ablah and _ Euclen e A Rancone acknowledged said instrument to be the free act and deed of said corporation. ,..: WAYNE A. VANDER VORT NOTARY PUBLIC - MINNESOTA STALE OF MINNESOTA) < � HENNEPiN COUNTY; SS. h ^y Commission Expires Mar. 30, 1978. COUNTY OF HENNEPIN) xr�"r�Y�YY On this 3 day of 1972, before me, a .ot�rary Public within and for said County, personal. Lc appeared �)1'Y4ta and d"L - �iuC p to me personally known, who, being each by me duly s n, did say that they are respectively the���y z and the _ of GLACIER SAND AND GRAVEL COMPANY, one of the corporations named in rte 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 ,A�OL2.t� 69 -41 and Qr� -rte -r_- u �,y acknowledged said instrument to be the frame act and deed of said corporation. STATE OF MINNESOTA) JOYCE THORVIISON ) SS. Notasy Public, Hennepin County, Mina OF HENNEPIN) COUNTY OF Commiedoa Espims June 27, 1979. On this 3rd day of May , 1972, before me, a Notary Pub- lic within and for said County, personally appeared GEORGE J. ABLAH and VIR- GINIA L. ABLAH, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they exe- cuted the sane as their free act and deed• U I N V,4)-- This i.nstrumenL was drafted. by: Barnett, Ratelle, Ilennessy, Vander Voet fx Stasel 720 Nort.hr.;tar Center M _nne;:ipol is, Mliinesou.i 55402 -6- WAYNE A.'VANDER VORT (a HENNEPIN NOTARY PUBLIC - MINNESOTA COUNTY My Commission Expires Mar. 30, 1978.