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STOCKPILE LEASE
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This'Agreement made this a]S-e day of _ I AK , 1974, by and
between the City of Edina, a municipal corporation under the laws of the
State of Minnesota, party of the first part, lessor, and the County of
Hennepin, a municipal corporation under the laws of the State of Minnesota,
party of the second part, lessee: Witnesseth, that the said party of the
first part, in consideration of the rents and covenants hereinafter mentioned,
does hereby demise, lease, and let its interest unto said party of the second
part, and the said party of the second part does hereby hire and take said
In erest from the said party of the first part, the following described
premises situated in the County of Hennepin, State of Minnesota, of which
lessor is the owner by virtue of purchase of tax title from the State of
Minnesota, Viz:
All that part of the following described tract:
That part of the South one fourth of the Northwest Quarter
of Section 30, Township 120, Range 22, corresponding to
Blocks 11 to 14 inclusive, including adjacent streets and
alleys in Mealeys Grand View Revised, now vacated;
which lies within the Westerly 1500 feet of siad Northwest Quarter.
To have and to hold, the interest in the above rented premises unto the said
lessee for and during the full term of six years from and after the lst day
of April, 1974 for the following purposes, to -wit: for the purposes of placing
and keeping on said premises stockpiles of earth, sand, gravel, and other
materials to be used in the construction, maintenance, or repair of County
State Aid Highway No. 18. The lessor does hereby grant to the County of
Hennepin.the right of ingress to and egress from said described premises
over and across all other land of the owner lying between said described
premises and any road on the boundary of said other lands. Said right of
ingress to-and egress from said described premises shall be upon and along
such course or route as is reasonably necessary for convenient access thereto "
and may be improved, graded, and maintained at such times and in such manner
as may be reasonably necessary for the transportation of materials to and
from said described premises. The lessee agrees to pay as rent for the above
described premises for the said term of six years from and after April 1, 1974
the sum of One Dollar ($1.00).
The said lessor does covenant that the said lessee on paying the rent aforesaid
shall and may peaceably and quietly have, hold, and enjoy the interest of said
lessor in said demised premises for the term aforesaid.
The said lessee does covenant and agree that it will not place or keep on the
demised premises a total of more than 285,000 cubic yards of earth, sand,
gravel, or other materials, and that stockpiles of said materials shall be
kept and maintained by lessee in an orderly and safe manner.
The said lessor reserves the right to go on to and use the demised premises
at any reasonable time and from time to time, provided that its entry or
presence thereon does not interfere with lessee's use thereof.
Upon the termination of this lease, or any renewal thereof, the County of
Hennepin agrees at its expense to remove from said demised premises all
materials placed by it thereon, and upon removal to grade, reshape, place
top soil upon, and seed said premises in a manner mutually accep.table to the
City of Edina and the County of Hennepin.
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Hennepin County, at its own expense, shall, if requested by the City of Edina,
obliterate, or smooth out any roads graded or used by Hennepin County as a means
of ingress to and egress from said demised premises. The said lessor does
hereby release all claims whatsoever for the use of or damage to said demised
lands by reason of the use according to the terms of this lease of said
described premises and the improvement and use of said route or course of
ingress to and egress from said described premises.
In Witness Whereof, the parties hereto have hereunto set their hands as of
the date first above written.
CITY
by
is
is City Manager
COUNTY F ENNEP&
by Q
Its 66Z,1V7 /
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
On this 2 / day of !',%A -y _, 1974, before me, a Notary
Public within and for said County, personally appeared JAMES VAN VALKENBURG
and WARREN C. HYDE, to me personally known, who, being each by me duly sworn,
did say that they are respectively the Mayor and the City Manager of the
City of Edina named in the foregoing instrument, and that said instru-
ment was signed in behalf of said municipal corporation by authority of its
City Council, and said JAMES VAN VALKENBURG and WARREN C. HYDE acknowledged
said instrument to be the free act and deed of said municipal corporation.
FLORENCE B. FG'_tpc-gg
fiotary Pu51?c, -, ; r, aunty. Minn.
by Comr.:;ssi,- x .; .; Dec. 31, 1918.
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
On this *- %st- day of Md L , 1974, before me, a Notary
Public within and for said County, personally appeared eta er t 0 K/'ossrier
to me personally known, who, being by me duly sworn, did say that he is the
C'ounf� �h�ti!��er of the County of Hennepin named in the foregoing
instrument, and that said instrument was signed in behalf of said municipal
corporation by authority of its Board of Commissioners, and said
#&, pert 0. acknowledged said instrument to be the
free act and deed of said municipal corporation.
(SEAL)
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DAVID D. SWENSON
41�
NOTARY PUS! tC- PAINNESOTA
HL COUNTY �
My Comrnission Expires Aug. 23,1980>.
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