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OFFICE OF REGISTER OF DEEDS
STATE OF MINNESOTA
COUNTY OF HENNEPIN
1 hereby certify that the within instrument
was filed for record in this office o O
15 d of NOV A.D. 1973 at
'010- M., and was duly recorded in hook
sof Hennepin County Records
page 4053708
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REGI - R OF DEEDS
TY REGISTER OF
gx 34
175-3
N RECEIVED
OCT 5 1973
City of Richfield
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EASEMENT FOR STORM SL71ER
THIS INSTRUMENT, made this tday of _, 19,
by and between the CITY OF RICHFIELD, a municipal orporation
organized 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 ($1.00), to it in hand paid by the
said party of the second part, the receipt whereof is hereby
acknowledged, does Grant, Bargain, Quitclaim and Convey to said
party of the second part an Easement in perpetuity for storm sewer
purposes, including the right to enter for the purpose of con-
structing, maintaining, repairing and reconstructing a storm sewer
system, including a pipe in, under and over Tract I below described,
and a pump, force main and appurtenant facilities, in, under and
over Tract II below described, which tracts are situate in the
City of Richfield, County of Hennepin and State of Minnesota, and
described as follows:
TRACT I: That part of Outlot 1, Hippe's Lakeview Terrace
described as follows:
Commencing at a point on the West line
of said Outlot 1 distant 50 feet north of
the Southwest corner thereof; thence north
along the West line- of said Outlot 1 a
distance of 30 feet; thence easterly and
parallel to the South line of said Outlot 1
a distance of 90 feet:; thence northeasterly
to a point 180 feet east of the West line of
said Outlot 1 and 135 feet north of the South
TRANSFER ENTERED
line of said Outlot 1; thence south a
distance of 140 feet to a point 180 feet east
DST -2 1973
of West line of said Outlot 1 and 5 feet
south of the South line of said Outlot 1;
FINANCE DIVISION
thence northwesterly to a point 90 feet east
N.
of the West line of said Outlot 1 and 50 feet
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north of the South line of said Outlot 1; and
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thence westerly to the point of beginning.
TRACT II: That part of Outlot 1, Hippe's Lakeview Terrace
described as follows:
That area within 5 feet on either side of
a line commencing on the West line of said Outlot
1 a distance of 105 feet north of the Southwest
corner thereof; thence extending in a Easterly
direction to a point 70 feet East of the West line
of said Outlot 1 and 105 feet north of the South line
of said Outlot 1, and there terminating.
It is the intention and agreement of the Parties hereto that (i) the
party of the second part in the construction or maintenance of said storm sewer
pipe, pump, force main or appurtenant facilities shall replace any shrubs or
sod removed by any excavation in connection with such construction work, in as
nearly as possible the same condition as before such excavation, and (ii) the
party of the second part shall have full use of the pond, as presently existing
in Adams Park in the City of Richfield, as and for a ponding area for surface
water runnoff, in connection with and as an appurtenance to the easements
hereby granted, such use to be in common with the City of Richfield.
Anything herein to the contrary notwithstanding, it is understood
and agreed that party of the first part shall become the owner of the pump
above referred to once construction of Lhe storm sewer system in said Tracts I
and II is completed, and party of the second part shall have no obligation to
maintain, repair, replace or operate the pump, but shall pay the reasonable
and necessary costs incurred by party of the first part for maintaining, repairing
and replacing said pump, all pursuant to an agreement between the parties dated
as of December 18 , 1972, which is hereby incorporated herein by
reference.
This instrument is exempt from State Deed tax.
IN TESTIMONY WHEREOF, the said first party has caused these presents
to be executed in its corporate name by its Mayor and its Manager and its
corporate seal. to be hereunto affixed the day and year first above written.
IN PRESENCE
2..
CITY OF RICHFIELD
By
and
Its Manager
.e, L
••• o
lY
., • 11.,` • �` ,.i���ut7 a °' '
•
•
' �, •••••ere.••e•• tic
y> n
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
On this 01' day of 1977, before me,
a Notary Public within and for said ty, personally appeared
Loren L. Law and W. S. Burggraaff ,
to me personally known, who, being each by me duly sworn, did say
that they are respectively the Mayor and *tanager of the municipal
corporation named in the foregoing instrument; that the seal
affixed to said instrument is the corporate seal of said municipal
corporation; that said instrument was signed and sealed on behalf
of said municipal corporation by authority of its City Council;
and said Loren L. Law and W. S. Burggraaff
acknowledged said instrument to be the free act and deed of said
municipal corporation.
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CLA-I "(6N L. LeFEYLRE -
$ PUBLIC•iijINNESC
HEfif+lEPIN COUNTY �
a •l My C�mmissiolt Expir€s 13ec. 28.1976
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