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HomeMy WebLinkAbout17281 EASEMENT FOR STORAGE AND FLOWAGE OF WATER THIS INSTRUMENT, made this&ay of , 1973, by and between DAYTON DEVELOP24ENT COMPANY, a corporation organized and existing under the laws of the State of Minnesota, party of the first part, and the 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 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 hereby Grant, Bargain, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for the purposes of storage and flowage of water, including the right to excavate, construct, maintain, reconstruct and repair a reservoir to contain water in, under and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: That part of Outlot 2, SOUTHDALE OFFICE PARK, lying Westerly of a line drawn parallel with the East line of said Outlot 2 from a point on the South line of said Outlot 2, 301.61 feet Westerly of the Southeasterly corner of said Outlot 2, when measured along the South line of said Outlot 2, all according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said Hennepin County, Minnesota. It is understood and agreed by and between party of the first part and party of the second part that the above easement is granted for the purpose of maintaining a pond now existing on the above described easement area (hereinafter called. "Easement Area "), but that party of the first part may hereafter desire to do certain work on and make certain improvements to the Easement Area and thereby alter the shape and size of the pond as it now exists. Therefore, the grant of the above easement is subject to, together with, and made on, the following terms and conditions, to which party of the first part and party of the second part hereby agree: 1. That party of the first part shall have, and hereby reserves the right, at any time, to alter, change or modify the Easement Area and the t' 1 } F` T ,tFM ' FEB 1`1974 FiN,,k,N%r E -ji'v'ISlv1A IlT pond thereon, including the filling of said pond and excavating on the Easement Area (all of which are hereinafter called the "work ") provided, however: A. That at no time shall the pond be reduced to less than two and one -half (2 -1/2) acres in surface area; B. That the overflow elevation control of the pond shall at all times be maintained at its present elevation of 863 feet, 1929 Sea Level Datum; C. That in doing any such Work, all then existing drains, culverts and sewers shall be kept open and operating at all tiu.es by, and at the sole expense of, party of the first part so as to allow, without interrpution due to such Work, the flow of water to and from the pond then on the Easement Area; D. That is as a result of any such Work, and pursuant to compliance with C.'above, any then existing drains, culverts or sewers, are damaged or need to be modified, altered or extended, the party of the first part shall promptly repair any such damage and make any such modification, alteration or extension, at its sole expense, and pursuant to plans and specifications to be prepared by party of the first part at its expense and which shall be approved in writing by party of the second part before any such repair, modification, alteration or extension is begun; E. That before any such Work is begun party of the first part shall duly grant, convey and warrant to party of the second part, in recordable form, easements, to the extent they are deemed reasonably necessary by party of the second part, over, under and across the Easement Area for purposes of con- structing, maintaining n_d reconstructing a storm sewer system and pipes therefor,; in such locations as party of the second part shall there designate, and on such terms and conditions as are normally contained in similar easements then being obtained from other persons by party of the second part; that party of the second part shall determine what easements it deems necessary and shall give written notice thereof to party of the first part within the thirty (30) day period set out in F. below and if no such notice is given to the party of the first part, it shall be deemed that party of the second part desires no such easements and party of the first part may begin such Work upon expiration of said thirty (30) day period and compliance with D. hereof; F. That no such Work shall be begun prior to thirty (30) days after written notices thereof are received by party of the second part stating the nature and extent of the Work to be done and giving the date such Work is to be commenced. 2. That the party of the second part shall have no liability for, and party of the second part is hereby released from any and all liability for, any damages or injury of every kind to any and all property and improvements of every kind whatsoever on the Easement Area, in whole or in part, having any elevation below 868.5 feet, 1929 Sea Level Datum, and arising from or due to -2- ' • i �1 the water of said Easement Area, and party of the first part hereby agrees to hold party of the second part harmless from and to idemnify it against any and all cost, damage, loss and expense, including reasonable attorneys' fees, due to or arising out of any such damages or injury. 3. That the party of the second part may, at its option, prosecute any proceedings at law or in equity against any person or persons violating or attempting to violate any agreement herein, either to prevent such violation, to require compliance herewith, or to recover damages therefor. This easement and agreements herein contained shall be deemed covenants running with the land above described and all parts thereof and shall be binding on and inure to the benefit of the respective successors and assigns of the parties hereto. This instrument is exempt from State Deed Tax. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be duly executed the day and year first above written. (CORPORATE SEAL) (CORPORATE SEAL) D' '_l,Ai�'?M1T11 TON VEVELOPMENT COMPANY pi �10-= PM Y 2 F- &VA E 0 E TP � A rM a W -I ( Ml/ :;. `� -•iii -.i VILLAGE OF EDINA By -3- Its ry I r STATE OF MINNESOTA ) �' SS: ` COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �8 Its President Its Asst, day of, , 1973 by e C'. ?� `C���/ and /Secretar3 of DAYTON DEVELOPMENT COMPANY, a Minnesota corporation, on behalf of the corporation. CARYN L. DAVIS Notary public, Hennepin County, Minn. MY Commission Expires May 7, 15Y8 u STATE OF MINNESOTA ) I ) SS: �. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this , lam_ day James Van Valkenburg Florence B. Hallberg of r,. 197 $1, by and of VILLAGE OF EDINA, a Minnesota municipal corporation, on behalf of the corporation." AAAAI � .;C�idlyrTA � ED,' res June 28, 1977. x Wvv�'vCr�wvYrVVV V VVVVv'trC7VyyV'Gy`yyy x -4- 0 1099026 T R, AR F T I T L V, S n t th on ingtrun orifice on the~ 'of FEB A.D. 1974 R OF TITLES op T.,Tre (721 s r � SCENIC AND OPEN SPACE EASEMENT GRANT THIS INDENTURE, made this day of November, 1973, between DAYTON DEVELOPMENT COMPANY, a Minnesota corporation, party of the first part, and VILLAGE OF EDINA, a municipal corporation under the laws of the State of Minnesota, party of the second part, WITNESSETH: That said party of the first part, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, quitclaim and convey unto the said party of the second part, its successors and assigns, forever, a Scenic and Open Space Easement on the terms hereinafter specified over the tract or parcel of land lying and being in the County of Hennepin and State of Minnesota, described as follows, to -wit: That part of Outlot 2, SOUTHDALE OFFICE PARK, lying Westerly of a line drawn parallel with,and 470 feet Westerly of, the East line of said Outlot 2, all accord- ing to the plat thereof on file and in the office of the Registrar of Titles, Hennepin County, Minnesota (herein- after called the "Easement Area "). The purpose of this Scenic and Open Space Easement is to assure that the above described Easement Area shall at all times remain as open space and constitute scenic surroundings. To accomplish such purpose, parties of the first part, for themselves and their respective heirs, successors and assigns, do hereby covenant and agree as follows: 1. No building, structure or improvement of any kind shall be erected or placed on any part of the Easement Area; provided, however, that party of the first part may perform such work on the Easement Area as is allowed by the Easement for Storage and Flowage of Water given by party of the first part to party of the second part and dated of even date herewith. 2. The Easement area shall be maintained at all times by party of the first part, its successors and assigns, in full compliance with all ap- plicable ordinances of Edina now or hereafter enacted. f'i r t No doUngUe~<t taxa3 vtid x�xnt �jlloc d CNN Fl F E�� r 1 v 3. If there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants or conditions of this easement grant, the party of the second part may prosecute any proceedings at law or in equity against the person, firm or corporation violating or breaching, or attempting to violate or breach, any such term, covenant or condition, to either prevent such violation or breach or to recover damages for such violation or breach. Also, party of the second part, in the event of such violation or breach, without notice, may, at its option, undertake to perform the term, covenant or condition so violated or breached, and the cost incurred, including attorneys' fees,-with interest at eight percent (8%) per annum, shall be payable on demand by the then owners of said Outlot 2, and, in addition to other remedies then available for collection of such cost and interest, the party of the second part may charge such cost and interest against said Outlot 2 in the same manner as special assessments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against said Outlot 2 payable in the year following the year such costs and interest are so charged, and if not paid, said Outlot 2 may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 4. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners of said Outlot 2, and shall inure to the benefit of party of the second part, its successors and assigns. This Scenic and Open Space Easement shall not operate to Qran.t.the party of the second part the right to use the above described property as a park or any similar use, and the party of the second part and members of the public by virtue of this easement, shall not acquire any right to make any improvements upon or to make any physical use of the above described tract; provided, however, that the provisions of this paragraph shall not negate -2- or modify, in any way, any rights of the party of the second part in and to the Easement Area now or hereafter granted to or acquired by it pursuant to any other easement or document. This easement Hereby granted may be amended, modified or released at any time and from time to time by the Village Council of Edina. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. This instrument is exempt from State Deed Tax. IN TESTIMONY WHEREOF, the said parties of the first part have caused these presents to be executed the day and year first above written. DEVELOPMENT COMPANY is And Its ISO, tart'' (CORPORATE SEAL) STATE OF MINNESOTA ) L SS: COUNTY OF HENNEPIN \I The foregoing instrument was acknowledged_before'me this Its President Its Asst. of 1973 by �, �� �'. "C � / and Lenz- zl� /Secretary / <« of DAYTON DEVELOPMENT COMPANY, a Minnesota corporation, on behalf of the corporation. *"*MAN* V45 *4#04 * per+ Marcdaa', Windhor#, Writ & NW**W 9400 lot NatioAW Wk 1;14, -3- CARYN E. DAVIS Notary Public, Hennepin County, Minn. My Commission Expires May 7, l9Vy 1099025 (7� 8 FcS; RNc'J YOL,.. �,Y-W-PAGE on the ;9 h� FEB s 3' 1974 at I 1 OF TITLES E` TV C:F^,fSTRAR OF TITLES) March 1, 1974 Mr. Robert Dunn City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Outlot 2, SOUTHDALE OFFICE PARK Dayton Development Company Dear Mr. Dunn: I enclose the following easements for your file: 1. Easement for Storm Sewer dated November 28, 1973 between Dayton Development Company and the Village of Edina, filed February 13, 1974 as Document No. 1099024 in Registered Vol. 1467, page 443008, office of the Registrar of Titles, Hennepin County, Minnesota. 2. Scenic and Open Space Easement Grant dated November 28, 1973 between Dayton Development Company and Village of Edina, filed February 13, 1974 as Document No. 1099025 in Registered Vol. 1467, page 443008, office of the Registrar of Titles, Hennepin County, Minnesota. 3. Easement for Storage and Flowage of Water dated November 28, 1973 between Dayton Development Company and the Village of Edina, filed February 13, 1974 as Document No. 1099026 in Registered Vol. 1467, page 443008, office of the Registrar of Titles, Hennepin County, Minnesota. Ve truly yours, Thomas S. Erickson TSE /c Enclosures DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST RAYMOND A. REISTER 2400 F I R S T NATIONAL BANK B U I L D I N G JOHN W. WINDHORST, JR. DOUGLAS D. McFARLAND WALD0 F MAROUART JOHN J. TAYLOR MICHAEL PRICHARD. DAVID L. BOEHNEN JOHN W WINDHORST BERNARD G. HEINZEN MINNEAPOLIS, MINNESOTA S$ 4 0 2 WILLIAM R. SOTH THOMAS R. MANTHEY ALAN D. GILLILAND LAWRENCE R. OLIVER HENRY HALLADAY JULE M HANNAFORD WILLIAM J. HEMPEL JOHN S. HIBBS RICHARD G_SWANSON FRANK H. VOIGT ARTHUR B. WHITNEY ROBERT O. FLOTTEN MARTIN RUSSELL W. LINDOUIST JOHN D. LEVINE ( 612) 340— 2600 - VID A- RANHEIM DAVID WILLIAM H. H PPEE. JR. DAVID R. BRINK ROBERT J. STRUYK CABLE: DOROW ROBERT J. SILVERMAN STEPHEN G. SHANK HORACE HITCH MICHAEL A OLSON WILLIAM R. HIBBS ROBERT A. BURNS VIRGIL H. HILL LARRY W. JOHNSON TELEX; 29 — 0605 JOHN D. KIRBY TONI A. BEITZ ROBERT V TAR BOX THOMAS S. HAY TELECO PI ER: (612)340 -2868 PHILIP F. BOELTER MICHEL A LAFOND ROBERT J. JOHNSON G. LARRY GRIFFITH WILLIAM B. PAYNE BRADFORD L FERGUSON M 8. HASSELOUIST CRAIG A. BECK JAN STUURMANS ROGER J. MAGNUSON PETER DORSEY DAVID L. MCCUSKEY 1468 W —FIRST NATIONAL BANK BUILDING R.A.SCHWARTZBAUER J. ROBERT H188S GEORGE P. FLANNERY THOMAS O. MOE ST, PAU L, MINNESOTA 66101 DAVID N. FRONEK CURTIS L. ROY JAMES H. OHAGAN (61 2) 227 -8017 THOMAS W. TINKHAM ARTHUR E.WEISBERG JOHN M. MASON JON F. TUTTLE DUANE E. JOSEPH MICHAEL W. WRIGHT ROBERT A. HEIBERG FREDERICK E. LANGE LARRY L. VICKREY JONATHAN VILLAGE CENTER EMERY W. BARTLE JAMES B. VESSEY WILLIAM A. WHITLOCK LOREN R.KNOTT PHILLIPH MARTIN CHASKA, MINNESOTA 55318 MICHAEL J. RADMER CURTIS LSTINE E.J.SCHWARTZBAUER REESE C. JOHNSON (612) 448 -4012 MICHAEL TRUCANO THOMAS M. BROWN CHARLES J. HAUENSTEIN WILLIAM J. KEPPEL OF COUNSEL CORNELIUS D. MAHONEY CHARLES A. GEER JAMES A. FLADER DAVID E. BRONSON THOMAS S. ERICKSON JOHN C. ZWAKMAN 116 THIRD STREET SOUTHWEST WILLIAM A. JOHNSTONE LEAVITT R. BARKER WILLIAM C. BABCOCK JOHN R. WICKS ROCHESTER, MINNESOTA 65901 WILLIAM E. BOWEN GEORGE E. ANDERSON MICHAEL E. BRE55 EUGENE L. JOHNSON (507) 288 -3156 WILLIAM P. LUTHER ROBERT L VANFOSSEN March 1, 1974 Mr. Robert Dunn City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Outlot 2, SOUTHDALE OFFICE PARK Dayton Development Company Dear Mr. Dunn: I enclose the following easements for your file: 1. Easement for Storm Sewer dated November 28, 1973 between Dayton Development Company and the Village of Edina, filed February 13, 1974 as Document No. 1099024 in Registered Vol. 1467, page 443008, office of the Registrar of Titles, Hennepin County, Minnesota. 2. Scenic and Open Space Easement Grant dated November 28, 1973 between Dayton Development Company and Village of Edina, filed February 13, 1974 as Document No. 1099025 in Registered Vol. 1467, page 443008, office of the Registrar of Titles, Hennepin County, Minnesota. 3. Easement for Storage and Flowage of Water dated November 28, 1973 between Dayton Development Company and the Village of Edina, filed February 13, 1974 as Document No. 1099026 in Registered Vol. 1467, page 443008, office of the Registrar of Titles, Hennepin County, Minnesota. Ve truly yours, Thomas S. Erickson TSE /c Enclosures