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HomeMy WebLinkAbout17134W EASEMENT ]0.12 S TO ZM SEWER THIS INSTRUMENT, Made this _$y of ��' 1.—° 19--Z by and between, ""X� R d s�_c�o L A-7' r- 2_7w/ � z a corporation under the laws of the State of Minnesota, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second parts WITNESSETH, That the said party of the first part, in consideration 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 storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing, and reconstructing a storm sewer system in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A permanent easement, 20 feet in width, the centerline of which is described as follows: Commencing at a point on the South line of West 78th Street which point is located 33.77 feet East of the West line of the West 10 acres of the NEh of the NWk of Sec. 17, T. 116, R. 21, lying North of the new State Highway 5s thence South- easterly, at an angle of 47000.00" turned from the South line of West 78th Street, a distance of 44.5 feet ± to the edge of the South branch of Wine Mile Creek and there terminating. Together with a temporary construction easement 15 feet on either side of the above described permanent easement. Said temporary easement shall terminate on December 31, 1974. TRANSFER ENTERED U -L � 1974 FIrYANCE DIVISION H N OUNTY. M1Nl� sy 1^DE�tR� 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 removed by any excavation in connection with such construction or mainten- ance work, in as nearly as possible the same condition as before such excavation. This instrument was drafted by City of Edina 4801 West 50th Street Edina„ Minnesota 55424 0 Parties of the second part will fully protect, indemnify and save party of the first part harmless from any liability, damage, loss or injury whatsoever, either to persons or to property arising from or related to the construction, alteration, repair, maintenance, reconstruction and use of the storm sewer system pur- suant to the terms of this agreement. The easements and rights herein granted shall terminate at the election of party of the first part, its successors and assigns, if any of the following events occurs (a) The easements herein granted are abandoned by parties of the second part, their successors or assigns, or the use of the storm sewer system is discontinued for one year. (b) In the event that the Nine bile Creek Watershed District would allow party of the first part, its successors and assigns, to alter the course of Nine Mile Creek in order to maximize the use of the property, then, and in such an event, party of the first part, its successors and assigns, shall have the right to terminate the easement if said easement should interfere with the use or development of the property by party of the first part, its successors and assigns. IN TESTIMONY WHEREOF, The said first party has caused these presents to be executed in its corporate name by its President and its R F5`/ D f /') and its corporate seal to be hereunto affixed the day and year first above written. In Presence of:.. HQ a: STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) (� d - l President Its Its e e _ i" r/-f cs On this � ay of 19 -7j!�, before me, a Notary Public, within and for siod County, personally appeared � • L /�%� � [_0 uW and L� �t/ 'P ` .4A% / Itl_ , to me personally known, who, being each by me duly sworn, did say that they are respectively the President and the -o-. Ot R Eli A 't- Al-r- 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 cor oration by authority of its Board of e-�_'Td pus and Zl- r Lg.- Vz C FA k /') be the free act and deed of said ' ,:Yi st °t'PJ,tli aX m X and said �P /.iJ t1✓✓!� acknowledged said instrument to corporation. s Not A WA JOWE LA BRIE Y �7 mmiftAft Ezpir" Sept 23, Mini, 409 992 AUG 15-74 9 2 L cu3 OFFICE OF REGISTER OF -DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the .within instrument Z r was filed for record in this office on the 18 day of AUG A.D. 1974 at 3 v p'rl.,r;W.9M., and was duly recorded In book, 740f Hennepin County Rerpords par's 4099992 RE D ' TER OF DEEDS - By [DEPUTY REGISTER OF DEECS . REG FEE COPY FEE