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HomeMy WebLinkAbout1730EASEMENT •The undersigned (Grantor) hereby acknowledges receipt of the sum of One and no /100 Dollars ($1.00) and other valuable con - sideration from the City of Edina, a Municipal Corporation organized under the laws of the State.of Minnesota (Grantee), in consideration of which Grantor hereby grants unto the Grantee, its successors and assigns, a non- exclusive easement and right of way (Easement) to construct, maintain, alter, repair and reconstruct an underground sanitary sewer line in and under the following described property (Easement Area) situated in the County of Hennepin and State of Minnesota, to -wit: That part of Tract A, Registered Land Survey No. 1234 lying within a 20 foot wide strip of land, the centerline of which is described as follows: Beginning at a point on "the West line of said Tract A, which point .is 119 feet South of the Northwest corner of said Tract A;'thence East, at right angles to the West line of said Tract A 20 feet; thence North, 20 feet East of and parallel to the West line of said Tract A to the North line of said Tract A; thence East along said North line of Tract A and its Easterly extension a distance of 165 feet. Also a temporary construction easement over the West 186 feet of the North 30 feet and over the South 115 feet of the North 145 feet of the West 72 feet of said Tract A. R.L.S. #1234. Said temporary construction easement shall terminate on December 31, 1974. Subject to easements, encumbrances, reservations and restrictions of record affecting said Easement area. t . To have and to hold"the Easement unto the Grantee, its successors and assigns, for so long as the Grantee maintains and uses said Easement Area for said underground sanitary sewer line,. and in the event said line is abandoned or not used by the Grantee, then and in that event this Easement shall cease and the Grantee, its successors and assigns shall release, by suitable recorded in- strument this Easement of Record. i ' The Grantor reserves the right to use and enjoy the Easement*Area except that Grantor shall not use the Easement Area in any way which.will interfere with 'or endanger any of the Grantee's facilities therein or use of such.facilities or Easement < Area. Hy, acceptance of this Easement, the Grantee for itself, its successors and assigns covenants and agrees with the Grantor, its successors and assigns that: A. The Grantee shall not claim or declare any fee interest in and to the Easement Area and in the event of eminent domain pro- ceedings or in settlement.in lieu thereof, the Grantee shall make no claim against the proceeds or interest derived therefrom, provided however that Grantee may claim, and shall be entitled to any and all damages resulting to its facilities, including, but not limited < to, the cost of removing and relocating the same caused by such eminent domain proceedings or settlement, S. The work of installing of said line and related fix - tures and devices shall be done with care and thereafter or in the event of any maintefranee, repair or replacement,the Gran -tee shall restore the surface along the Easement Area substantially to Its original level and condition and shall further replace any shrubs or sod removed by any excavation in connection with such.construction or maintenance work. For the purpose of constructing, inspecting, maintaining and operating its facilities, the Grantee shall have the right of ingress to and egress from the Easement Area over the land of the Grantor adjacent to the Easement Area and lying between public or private roads and.the Easement Area, such right to be exercised in such manner as shall occasion the least practical damage and inconvenience to the Grantor., C. Th.e Grantee agrees that the Grantor, its agents, tenants, successors and assigns shall not be liable for,any loss, damage, injury or any other casualty of whatsoever kind to the person or property of anyone (including Grantee) caused 'by Grantee or arising out of or resulting from Grantee's facilities', in the -2-- r,: •' Easement Area or the use by Grantee of the Easement. Area above described; and the Grantee for itself, its successors and assigns hereby agrees to indemnify, and hold the Grantor, it's successors and assigns, harmless from and against all claims for such loss, damage, injury or other casualty. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this A day of f ftiile ..... , 1974. DAY2eV DEVELOPMENT COMPANY a i.n esota.cor ration By: - �. Its : .:. /�t=_Sii)f=iV'�' . . APPROVED AS TO FORM: Att By: Its (Corporate Seal) This instrument is exempt from State Deed Tax. STATE OFinne�c ) ss COUNTY OF /t�,►.�.�,�� ) t On this A day of , 19, before me, a Notary Public within and for said County, personally appeared Mimes. and }tt�1�Yn f=• t`)3 , to me personally known, who, being each by me duly sworn, did say that they are respectively the Pro_ ij oP4 and the S ... of the corporation 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 and`N►,ri G. H acknowledged said instrument to be the free act and deed of said corporation. JANET E. CARLSON Notary PubUc, Hennepin County, Minn. My commission expires; My Commission Expires Jan. 31, 1980. [)O l��il: T iJ F'REPAP"'cD BY: Dayton E�eYFlor�rr,ent Corny ony 777 P�iculfet Ulci(I Minnccipolis, /Y�i ,r�esvtCJ 554 02 -S- ( lk 12495 �� �s`3 1Z app _ i�6s REGISTERED VOL­ ............ .. .•PAGE OFFICE OF REGISTRAR OF TITLES STATE OF MINNESOTA COUNTY OF HENNEPIN hereby certify that the within instrumerif' was filed in this office on the day of JUL A.D. 1874 at — o'clock J f M. &T_RAR OF TITLES 117 e I DEPUTY REGISTRAR OF T1 1 J