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Home My WebLink About17571103294 OFF C F-- S. OF T;I-LE3 t t he ;n inSt'umeni r)n the of APR 1974 t ,q O'clock 0 B RE TPAR OF T TLESy, REGISTRAR DEPUTY 4R _ _. , -L E� REGISTRAR OF �TljrLES 'I u t,5,7 1103295 1757 _��_PAGE-- Lky�'? 3-1 $ in ins'+tt enl -)n thae W y of APR 1974 -t 30 o'clock M. BY DEPUTY RE.GlSTRAR Of TITLES COPY �Ott,j GRANT OF EASEMENT THIS INDENTURE, Made this 14 2f day of __ . —.lie , 1973, between R. H. P. INVESTMENT 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, WITNESSETIi, That the said party of the first part, in considera- tion of the sum of One Dollar ($1.00) and other good and valuable con- sideration to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quit- claim, and Convey unto the said party of the second part, its successors and assigns, Forever, a permanent, exclusive easement over and across a strip of land ( "Easement Area ") 100 feet in width in that part of Tract F lying South of the North 109.21 feet, as measured along the West line thereof, Registered Land Survey No. 1283, Files of Registrar of Titles, County of Hennepin, the centerline of which is the centerline of the South Fork of Nine Mile Creek, for the following purposes: I. The flowage with water over and on any or all of the Easement Area, as such flowage may be affected by the construction of dams, dikes, ditches, diversion work and other structures on the Easement Area or other property, under all conditions, ordinanary and extraordinary, at all seasons of the year; and also the right and privilege to enter upon said Tract F with such men and equipment as may reasonably be necessary for the construction, mainten- ance and alteration of dams, dikes, ditches, diversion work and other structures on the Easement Area; 2. The use and benefit of the general public, over all of the Easement Area, for general park and recreational uses, including, but not limited to, hiking and bicycling trails. It is understood and agreed by and between party of the first part and party of the second part, and party of the second part by its acceptance hereof does hereby agree, that party of the first part reserves unto itself and its successors and assigns, the right to construct and maintain a vehicui,:r I GRANT OF EASEMENT THIS INDENTURE, Made this 14 2f day of __ . —.lie , 1973, between R. H. P. INVESTMENT 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, WITNESSETIi, That the said party of the first part, in considera- tion of the sum of One Dollar ($1.00) and other good and valuable con- sideration to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quit- claim, and Convey unto the said party of the second part, its successors and assigns, Forever, a permanent, exclusive easement over and across a strip of land ( "Easement Area ") 100 feet in width in that part of Tract F lying South of the North 109.21 feet, as measured along the West line thereof, Registered Land Survey No. 1283, Files of Registrar of Titles, County of Hennepin, the centerline of which is the centerline of the South Fork of Nine Mile Creek, for the following purposes: I. The flowage with water over and on any or all of the Easement Area, as such flowage may be affected by the construction of dams, dikes, ditches, diversion work and other structures on the Easement Area or other property, under all conditions, ordinanary and extraordinary, at all seasons of the year; and also the right and privilege to enter upon said Tract F with such men and equipment as may reasonably be necessary for the construction, mainten- ance and alteration of dams, dikes, ditches, diversion work and other structures on the Easement Area; 2. The use and benefit of the general public, over all of the Easement Area, for general park and recreational uses, including, but not limited to, hiking and bicycling trails. It is understood and agreed by and between party of the first part and party of the second part, and party of the second part by its acceptance hereof does hereby agree, that party of the first part reserves unto itself and its successors and assigns, the right to construct and maintain a vehicui,:r d bridge over said Easement Area, and to construct and maintain open patios and walkways on, and footbridges over, said Easement Area, upon the terms and conditions hereinafter set out. Party of the first part, for the foregoing considerations, further agrees with respect to the Easement Area, and to the rights above reserved, as follows: A. That no improvements of any kind shall be constructed on, and no improvements of any kind, including, but not limited to said patios, walk- ways, footbridges and vehicular bridge, shall be constructed on or over or any part of the Easement Area, and no excavating, filling, grading or raising of the level of all or any part of the Easement Area shall be made or done by party of the first part, without, in each instance, first receiving the prior consent of party of the second part, its successors or assigns; B. That no consent of the party of the second part given pursuant hereto shall be effective until and unless filed of record in the appropriate office in Hennepin County, Minnesota, to give construction notice thereof; C. That all patios, walkways and footbridges, and said vehicular bridge, when and if constructed, shall be maintained by party of the first part, its successors and assigns, at its own cost and expense, at all times in a neat, clean and safe condition and in good state of repair; D. That party of the first part does hereby, for itself, its successors and assigns, remise, release, acquit and forever discharge the party of the second part, its successors .and assigns, and any and all of its officers and employees, of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flooding of all or any part of the Easement Area or said Tract F; E. If there shall be a violation or an attempt to violate any of these covenants, restrictions or reservations, it shall be lawful for the party of the second part, its successors or assigns, to prosecute any proceedinf; at law or in -2- p _...... ��.. _J,. .. ":mS .r�, w� ;a . , „as *., .. .°�+x &.. � w,��,_<, �,.�...� �+t....c,. �.4e' �...r`'t...��•w{a..aP� u�a r _ �'s'w!a.� �1,.,u � z.. . W._._o .. �f f f t t. uw:a.,:,.,.:wL..awru.ww �..:..; «:. ,.w.. _. ..W;: ..e�.,•zH...:,i»d •F' ....�..,n..�,: . � ., �_ z...,. ..v....�:.u.mdr..:�.a�.+..��,:. . .,;suauF,e.W,'- '�e.+ra..�,.. >:: .. _�.�ra � _ '. equity against the person or persons violating or attempting to violate any such covenant, restriction or reservation, and either to prevent him or them from so doing or recover damages for such violation. The restrictions, covenants and reservations herein contained shall be for the benefit of the Village of Edina, its successors and assigns, and may be amended, modified or terminated by a duly recorded resolution of the Village of Edina making such amendment, modification or termination. F. The provisions hereof shall be deemed covenants running with said Tract F above described and shall extend to and bind the parties hereto and their respective successors and assigns and all present and future owners of said Tract F. This instrument is exempt from State Deed Tax. 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, i•ts successors and assigns, Forever. IN TESTIMONY 14HEREOF, The said party of the first part has hereunto set its hand the day and year first above written. In Presence of: (CORPORATE SEAL) Tax --,'M ern, rnf fcr 0nscrib2d in Village of Edina 4801 1.,cst 50th Street ginneapolis, :1innQ-soLa 55424 {i�lij'� .pie•; R.H.P. INVEST11ENT COMPANY Roy H -eterson, Its President And - -- -- -- Its ""n""', " "' ".,°Q. r.,.t'.. ��* . ,., w�... �...., x., �,,.. .�._+.,c�+......w*w *...gs!e'+.R "tn•,;K...�,m... ° .,.. °+,fig,.,,. °^°'sxc°- ;.'k`""""'., — �w* ww. wrpaa�•+." i" .�t^?'ttb•ct?,;•9�?r�+�'Rk�w;.. rci: ^;" STATE OF r11NNESOTA ) ) SS: COUNTY OF HENNEPIN ) On this f st day of 1973, before me, a Notary Public within and for said County, personally appeared Roy H. Peterson J . aiic to me personally known, who, being e by me duly s ? sworn did say that they aEe E"pe-et-4:-vel- the President at*d--t-he 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 said Roy H. Peterson 4n4 acknowledged said instrument to be the free act and deed of said corporation. GLENN G. NYBECK NOIAity PUSUC - MINNESOTA HENNEPIN `WUNTY My Commluion Expira Dec. 3. 1979 Iq -4-- ,a.. 1"d+,:.T.s KNOW ALL MEN BY THESE PRESENTS That the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota, does hereby grant and give unto R. H. P. INVESTMENT COMPANY, a Minnesota corporation, its successors and assigns, its CONSENT to the construction and maintenance of that certain vehicular bridge as the same is presently located and con- structed over and across the South Fork of Nine Mile Creek within that part of Tract F, lying South of the North 109.21 feet, as measured along the West line thereof, Registered Land Survey No. 1283, files of the Registrar of Titles, Hennepin County, Minnesota. That this CONSENT is given pursuant to that certain Grant of Ease- ment dated June 1, 1973 given by R. H. P. INVESTMENT COMPANY to the VILLAGE OF EDINA, and recorded as Document No, c7 , files of the Registrar of Titles in and for said County and State. IN TESTIMONY WHEREOF, the CITY OF EDINA has caused this instrument to be executed by its proper officials this day of April, 1974. THIS INSTRUMENT WAS DRAFTED BY:. ALLEN, THOMSEN, NYBECK, ZECK, HERBST, JOHNSON °r. V111LSON, P. A. 7250 FRANCE AVENUE SOUTH. MINNEAPOLIS, MN. 55435 STATE OF MINNESOTA SS. COUNTY OF HENNEPIN rTTY np PATNA On this fa day of April, 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 Manager of the municipal 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 City Council and said JAMES VAN VALKENBURG and WARREN C. HYDE acknowledged said instrument to be the free act and deed of said corporation. Inn, s k hn f PUb; ;CL ,Iv1iNJ "Ji_SOTI;� 4." 11 HENNJEPIN COUNTY My Commission Expires Jun. 26, 19E0�: DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY DONALD WEST RAYMOND A. REISTER 2400 FIRST NATIONAL BANK BUILDING JOHN W. WINDHORST, JR. DOUGLAS D. McFARLAND WALDO F. MARQUART JOHN J. TAYLOR MICHAEL PRICHARD DAVID L. BOEHNEN JOHN W. WINDHORST BERNARD G. HEINZEN WILLIAM R. BOTH ALAN D. GILLILAND HENRY HALLADAY WILLIAM J. HEMPEL MINNEAPOLIS, MINNESOTA 55402 THOMAS R. MANTHEY LAWRENCE R. OLIVER JULE M. HANNAFORD JOHN S. HIBBS RICHARD G_ SWANSON FRANK H. VOIGT ARTHUR B. WHITNEY ROBERT 0. FLOTTEN FAITH L.OHMAN WILLIAM E. MARTIN RUSSELL W. LINDOUIST JOHN D. LEVINE (612) 340 -2600 DAVID A. RANHEIM WILLIAM H. HIPPEE, 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. TARBOX THOMAS S. HAY TELECOPI ER: (612) 340 -2868 PHILIP F. BOELTER MICHEL A. LAFOND ROBERT J. JOHNSON G. LARRY GRIFF ITH WILLIAM B. PAYNE BRADFORD L. FERGUSON M. B. 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 HIBBS GEORGE P. FLANNERY THOMAS O. MOE ST, PAUL, MINNESOTA 55101 DAVID N. FRONEK CURTIS L ROY JAMES H. dHAGAN (612) 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 PHILLIP H. MARTIN CHASKA, MINNESOTA 55318 MICHAEL J. RADMER CURTIS L. STINE E. J. SCHWARTZBAUER REESE C. JOHNSON 1612) 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 5. ERICKSON JOHN C. ZWAKMAN IIS THIRD STREET SOUTHWEST WILLIAM A. JOHNSTONE LEAVITT R. BARKER WILLIAM C. BABCOCK JOHN R. WICKS ROCHESTER, MINNESOTA 55901 WILLIAM E. BOWEN GEORGE E. ANDERSON MICHAEL E. BRESS EUGENE L. JOHNSON (507) 288-3156 WILLIAM P. LUTHER ROBERT L VANFOSSEN April 30, 1974 Mr. Robert Dunn City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Dunn: I enclose herewith for your file the Grant of Easement by R. H. P. Investment Company to the Village of Edina and the Consent by the City of Edina. These documents have been filed with the Registrar of Titles office as Document Nos. 1103294 and 1103295, respectively. Very truly yours, Uomas S. Erickson TSE /mj /kp Enclosures w KNOW ALL MEN BY THESE PRESENTS That the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota, does hereby grant and give unto R. H. P. INVESTMENT COMPANY, a Minnesota corporation, its successors and assigns, its CONSENT to the construction and maintenance of that certain vehicular bridge as the same is presently located and con- structed over and across the South Fork of Nine Mile Creek within that part of Tract F, lying South of the North 109.21 feet, as measured along the West line thereof, Registered Land Survey No. 1283, files of the Registrar of Titles, Hennepin County, Minnesota. That this CONSENT is given pursuant to that certain Grant of Ease- meet dated June 1, 1973 given by R. H. P. INVESTMENT COMPANY to the VILLAGE OF EDINA, and recorded as Document No. files of the Registrar of Titles in and for said County and State. IN TESTIMONY WHEREOF, the CITY OF EDINA has caused this instrument to be executed by its proper officials this day of April, 1974. CITY OF EDINA by Its and Its STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of April, 1974, before me, a Notary Public within and for said County, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and of the municipal 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 City Council and said and acknowledged said instrument to be the free act and deed of said corporation. T RZS0yVp.D by the g4ins City Counail that the Mayor au4 Manager are hereby authorioad to Wmaute and deliver than COU044t givers pursuant to that tartaija Grant of Z&OOMMt dated June J* 1973, given by R.H#P* Investment Comptay to the W11486 of Rdinar the purpose of saitl Constant being for the construction and maintenance of that certain vehi*ular bridge as the same is presently located and constructed over and across the :youth Pork of Nine Mlle Croak within that pert of Tract p', ly&ug South of the North 109.21 toot, as masured along the Writ line theraoC, Registered lAnd Survey No, 1283, files of the Registrar of Titlese Hearnnapin County, PAnuesota. DATED this lot "y of .April, 1974* STATE Of MINNESOTA COUNTY OF HMSPIN 85 CITY Of 01sk agaill"A 01- WX gas 10, the undarslgned du 1y appointod and acting City Clark for the City of Rdina� d o hereby cartifY that the attached and foregoing resolution Vas duly adopted by the Edina City Council At its R*g,ular Meeting of April 1, 1r74* ar:d as ragorded in the Minutes of said Regular Meeting* WiTNZSS Vy hand and seal of said City this 9th day of April, 1974. s 0ity Clark