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REGISTERED VOL .—YT --------- PAGE_ �a t7
OFFICE OF R".
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STATE OF M ..!:
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9
APR 1974
{STRAR OF TITLES
B
DEPUTY REGISTRAR OF ES
COPY
6 i
SCENIC AND OPEN SPACE EASEMENT GRANT
THIS INDENTURE, made this day of , 1973, between
THE BISHOP WHIPPLE SCHOOLS, a Minnesota corporation, fee owner, and JAMES
R. OTTO and BETH D. OTTO, husband and wife, contract for deed purchasers,
parties 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 the said parties of the first part, in consideration of One
Dollar ($1.00) and other good and valuable consideration, receipt of which
is hereby acknowledged, do 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:
�LOGK i
All those portions of Lots 2, 3 and 41ABraemar Parc,
according to the plat thereof on file and of record
in the office of the Registrar of Titles, Hennepin
County, Minnesota, lying Northeasterly of a line drawn
parallel with and 110 feet Northeasterly of the North-
easterly right of way line of Mark Terrace Drive as
shown on and dedicated by said plat of Braemar Parc.
(Hereinafter 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
in its natural condition. 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. Unless the express written approval of the Village of Edina
and James R. Otto, if living, is first had and received:
a. No building or structure of any.kind or nature, whether
permanent or temporary, including, but not limited to,
fences or other types of barriers, shall be erected or
placed on any part of the Easement Area;
TRANSFER ENTERED b .
APR 8 1974
FINANCE DIVISION
HENUEPIN UNTY,.MINN.
BY EPUTY
No. excavation shall be made on any part of the Easement
Area, nor shall any sod, soil or stones be removed there-
from or moved, changed or altered thereon, nor shall any
alteration or change be made in the natural topography of
the Easement Area; provided, however, that trees, shrubs
and plants may be planted on the Easement Area by the
then owners of the respective lots above described;
r
c. No shrubs, plants, trees or other living things on the
Easement Area, shall be cut or trimmed, or removed from
the Easement Area; provided, however, that shrubs and
trees may be trimmed to promote their health and appearance,
and diseased or hurtful shrubs, plants,..trees, or other
living things may be trimmed or removed.
d. No equipment, personal property, or man -made object of
any kind or device shall be stored or placed on the
Easement Area, whether permanently or temporarily.
2. The portions of the Easement Area within the respective lots
above described shall be maintained at all times by the then owners of the
respective lots in full compliance with this easement grant and all applicable
ordinances of Edina now or hereafter enacted.
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 ease-
ment grant, the party of the second part may prosecute any proceedings at
law or in equity against the person, firm or coporation violating or breach-
ing, 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.
4. The terms, covenants and conditions hereof shall run with the
land and shall be binding on all present and future owners of said lots above
described, and shall inure to the benefit of party of the second part, its
successors and assigns.
5. The party of the second part may, at any time and from time
to time, plant such additional trees and shrubs in the Easement Area of the
kinds, in the amounts and in the locations that it deems desirable.
This Scenic and Open Space Easement shall not operate to grant
the party of the second part the right to use all or any part of the lots
above described as a park or any similar use, and the party of the second
part and members of the public shall not acquire any right to make any improve-
ments upon or to make any physical use of all or any part of said lots.
The easement hereby granted may be amended, modified or released
at any time and from time to time by the Village Council of Edina, and, as to
the provisions of paragraph 1 hereof, with the written approval of James R.
Otto, if living.
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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.
T OP E SCHOOLS
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R�:SEItfO� ?Oi1S, Minnc -ota 9:;402
7 J S R. OTTO
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BETH D. OTTO
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.STATE OF MINNESOTA
Rice SS:
COUNTY OF MMMN
The foregoing instrument was acknowledged before me thislOth
day of December , 1973 by Ed La ndes andDonald B.Purrington
of THE BISHOP WHIPPLE SCHOOLS, a Minnesota corporation, on behalf of the
co rp, 6rdtiwn.
C. SCHULTZ,//
County, m1hrr.
n E xp r e s Sept. 2 6, 197-4
STATE OF MINNESOTA
) SS:
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day
ofA444►� 1973 by James R. Otto and Beth D. Otto,.husband-and wife.
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GEORGE A. KURTZ
NOTARY PUBLIC - MINNESOTA
N-'y Comm. Expires May 9, 1974
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